Texas 2017 - 85th Regular

Texas Senate Bill SB1101 Compare Versions

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Version 2 (New)

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1	1	By: Taylor of Collin, et al. S.B. No. 1101
2	2	(Klick, Wilson)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prescription of epinephrine auto-injectors to and
8	8	administration of epinephrine auto-injectors in day-care centers;
9	9	limiting liability.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
12	12	is amended by adding Section 42.066 to read as follows:
13	13	Sec. 42.066. EPINEPHRINE AUTO-INJECTORS. (a) In this
14	14	section:
15	15	(1) "Anaphylaxis" means a sudden, severe, and
16	16	potentially life-threatening allergic reaction that occurs when a
17	17	person is exposed to an allergen.
18	18	(2) "Epinephrine auto-injector" means a disposable
19	19	medical drug delivery device that contains a premeasured single
20	20	dose of epinephrine that is intended to be used to treat
21	21	anaphylaxis.
22	22	(3) "Physician" means a person who holds a license to
23	23	practice medicine in this state.
24	24	(b) A physician, or a person who has been delegated
25	25	prescriptive authority under Chapter 157, Occupations Code, may
26	26	prescribe epinephrine auto-injectors in the name of a day-care
27	27	center.
28	28	(c) A physician or other person who prescribes epinephrine
29	29	auto-injectors under Subsection (b) shall provide the day-care
30	30	center with a standing order for the administration of an
31	31	epinephrine auto-injector to a person reasonably believed to be
32	32	experiencing anaphylaxis.
33	33	(d) A standing order under Subsection (c) is not required to
34	34	be patient-specific. An epinephrine auto-injector may be
35	35	administered under this section to a person without a previously
36	36	established physician-patient relationship.
37	37	(e) Notwithstanding any other law, supervision or
38	38	delegation by a physician is considered adequate if the physician:
39	39	(1) periodically reviews the order; and
40	40	(2) is available through direct telecommunication as
41	41	needed for consultation, assistance, and direction.
42	42	(f) An order issued under this section must contain:
43	43	(1) the name and signature of the prescribing
44	44	physician or other person;
45	45	(2) the name of the day-care center to which the order
46	46	is issued;
47	47	(3) the quantity of epinephrine auto-injectors to be
48	48	obtained and maintained under the order; and
49	49	(4) the date the order was issued.
50	50	(g) A pharmacist may dispense an epinephrine auto-injector
51	51	to a day-care center without requiring the name of or any other
52	52	identifying information relating to the user.
53	53	(h) Each day-care center is responsible for training
54	54	personnel in the administration of an epinephrine auto-injector.
55	55	The training must:
56	56	(1) include information on:
57	57	(A) recognizing the signs and symptoms of
58	58	anaphylaxis;
59	59	(B) administering an epinephrine auto-injector;
60	60	(C) the different available dosages in
61	61	epinephrine auto-injectors, and the restrictions on the age or
62	62	weight of a person to whom each available dosage may be
63	63	administered;
64	64	(D) implementing emergency procedures, if
65	65	necessary, after administering an epinephrine auto-injector; and
66	66	(E) properly disposing of used or expired
67	67	epinephrine auto-injectors; and
68	68	(2) be provided in a formal training session or
69	69	through online education and be completed annually.
70	70	(i) Each day-care center shall maintain records on the
71	71	training required under this section.
72	72	(j) A person who in good faith takes, or fails to take,
73	73	action relating to the prescription of an epinephrine auto-injector
74	74	to a day-care center or the administration of an epinephrine
75	75	auto-injector in a day-care center is immune from civil or criminal
76	76	liability or disciplinary action resulting from that action or
77	77	failure to act, including:
78	78	(1) issuing an order for epinephrine auto-injectors;
79	79	(2) supervising or delegating the administration of an
80	80	epinephrine auto-injector;
81	81	(3) possessing, maintaining, storing, or disposing of
82	82	an epinephrine auto-injector;
83	83	(4) prescribing an epinephrine auto-injector;
84	84	(5) dispensing an epinephrine auto-injector;
85	85	(6) administering, or assisting in administering, an
86	86	epinephrine auto-injector;
87	87	(7) providing, or assisting in providing, training,
88	88	consultation, or advice in the development, adoption, or
89	89	implementation of policies, guidelines, rules, or plans; or
90	90	(8) undertaking any other act permitted or required
91	91	under this section.
92	92	(k) The immunities and protections provided by this section
93	93	are in addition to other immunities or limitations of liability
94	94	provided by law.
95	95	(l) Notwithstanding any other law, this section does not
96	96	create a civil, criminal, or administrative cause of action or
97	97	liability or create a standard of care, obligation, or duty that
98	98	provides a basis for a cause of action for an act or omission under
99	99	this section.
100	100	(m) An act or omission described by this section does not
101	101	create a cause of action.
102	102	SECTION 2. This Act takes effect immediately if it receives
103	103	a vote of two-thirds of all the members elected to each house, as
104	104	provided by Section 39, Article III, Texas Constitution. If this
105	105	Act does not receive the vote necessary for immediate effect, this
106	106	Act takes effect September 1, 2017.