85R11251 SRS-D
By: Menéndez S.B. No. 1367
A BILL TO BE ENTITLED
AN ACT
relating to policies and training regarding the use of epinephrine
auto-injectors by public institutions of higher education;
providing immunity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 38.202, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsection (e) to read
as follows:
(a) The commissioner of state health services shall
establish an advisory committee to examine and review the
administration of epinephrine auto-injectors to a person
experiencing an anaphylactic reaction on a campus of a school
district, [or] an open-enrollment charter school, or an institution
of higher education.
(b) The advisory committee shall be composed of members
appointed by the commissioner of state health services. In making
appointments, the commissioner shall ensure that:
(1) a majority of the members are physicians with
expertise in treating anaphylaxis, including physicians who
specialize in the fields of pediatrics, allergies, asthma, and
immunology; [and]
(2) at least one member is a registered nurse employed
by a school district or open-enrollment charter school as a school
nurse; and
(3) at least one member is an employee of an
institution of higher education.
(e) In this section, "institution of higher education" has
the meaning assigned by Section 61.003.
SECTION 2. Section 38.207, Education Code, is amended to
read as follows:
Sec. 38.207. ADVISORY COMMITTEE: DUTIES. The advisory
committee shall advise the commissioner of state health services
on:
(1) the storage and maintenance of epinephrine
auto-injectors on school campuses and campuses of institutions of
higher education;
(2) the training of [school] personnel and [school]
volunteers at schools and institutions of higher education in the
administration of an epinephrine auto-injector; and
(3) a plan for one or more [school] personnel members
or [school] volunteers of a school or an institution of higher
education trained in the administration of an epinephrine
auto-injector to be on each [school] campus of a school or an
institution of higher education.
SECTION 3. Chapter 51, Education Code, is amended by adding
Subchapter Y-1 to read as follows:
SUBCHAPTER Y-1. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE
AUTO-INJECTORS
Sec. 51.881. DEFINITIONS. In this subchapter:
(1) "Advisory committee" means the committee
established under Section 38.202.
(2) "Anaphylaxis" means a sudden, severe, and
potentially life-threatening allergic reaction that occurs when a
person is exposed to an allergen.
(3) "Epinephrine auto-injector" means a disposable
medical drug delivery device that contains a premeasured single
dose of epinephrine that is intended to be used to treat
anaphylaxis.
(4) "Institution of higher education" has the meaning
assigned by Section 61.003.
(5) "Personnel" means employees of an institution of
higher education.
(6) "Physician" means a person who holds a license to
practice medicine in this state.
Sec. 51.882. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE
AUTO-INJECTORS. (a) Each institution of higher education may
adopt and implement a policy regarding the maintenance,
administration, and disposal of epinephrine auto-injectors on the
institution's campus.
(b) If a policy is adopted under Subsection (a), the policy:
(1) must provide that personnel who are authorized and
trained may administer an epinephrine auto-injector to a person who
is reasonably believed to be experiencing anaphylaxis on the
institution's campus; and
(2) may provide that personnel who are authorized and
trained may administer an epinephrine auto-injector to a person who
is reasonably believed to be experiencing anaphylaxis at an
off-campus event sponsored by the institution of higher education.
(c) The commissioner of state health services, in
consultation with the Texas Higher Education Coordinating Board,
and with advice from the advisory committee, shall adopt rules
regarding the administration of an epinephrine auto-injector on the
campus of an institution of higher education subject to a policy
adopted under Subsection (a). The rules must establish:
(1) the number of epinephrine auto-injectors
available at each campus;
(2) the process for each institution of higher
education to check the inventory of epinephrine auto-injectors at
regular intervals for expiration and replacement; and
(3) the amount of training required for personnel to
administer an epinephrine auto-injector.
(d) Each institution of higher education that adopts a
policy under Subsection (a) must require that the institution's
campuses have personnel authorized and trained to administer an
epinephrine auto-injector present.
(e) The supply of epinephrine auto-injectors at a campus
must be stored in a secure location and be easily accessible to
personnel authorized and trained to administer an epinephrine
auto-injector.
Sec. 51.883. REPORT ON ADMINISTERING EPINEPHRINE
AUTO-INJECTOR. (a) Not later than the 10th business day after the
date a personnel member administers an epinephrine auto-injector in
accordance with a policy adopted under Section 51.882(a), the
institution of higher education shall report the information
required under Subsection (b) to:
(1) the Texas Higher Education Coordinating Board;
(2) the physician who prescribed the epinephrine
auto-injector; and
(3) the commissioner of state health services.
(b) The report required under this section must include the
following information:
(1) the age of the person who received the
administration of the epinephrine auto-injector;
(2) whether the person who received the administration
of the epinephrine auto-injector was a student, a personnel member,
or a visitor;
(3) the physical location where the epinephrine
auto-injector was administered;
(4) the number of doses of epinephrine auto-injector
administered;
(5) the title of the person who administered the
epinephrine auto-injector; and
(6) any other information required by the Texas Higher
Education Coordinating Board.
Sec. 51.884. TRAINING. (a) Each institution of higher
education that adopts a policy under Section 51.882(a) is
responsible for training personnel in the administration of an
epinephrine auto-injector.
(b) Training required under this section must:
(1) include information on:
(A) recognizing the signs and symptoms of
anaphylaxis;
(B) administering an epinephrine auto-injector;
(C) implementing emergency procedures, if
necessary, after administering an epinephrine auto-injector; and
(D) properly disposing of used or expired
epinephrine auto-injectors; and
(2) be provided in a formal training session or
through online education and be completed annually.
(c) Each institution of higher education that adopts a
policy under Section 51.882(a) shall maintain records on the
training required under this section.
Sec. 51.885. PRESCRIPTION OF EPINEPHRINE AUTO-INJECTORS.
(a) A physician may prescribe epinephrine auto-injectors in the
name of an institution of higher education that adopts a policy
under Section 51.882(a). The physician shall provide the
institution with a standing order for the administration of an
epinephrine auto-injector to a person reasonably believed to be
experiencing anaphylaxis.
(b) The standing order under Subsection (a) is not required
to be patient-specific, and the epinephrine auto-injector may be
administered to a person without an established physician-patient
relationship.
(c) Notwithstanding any other provisions of law,
supervision or delegation by a physician is considered adequate if
the physician:
(1) periodically reviews the order; and
(2) is available through direct telecommunication as
needed for consultation, assistance, and direction.
(d) An order issued under this section must contain:
(1) the name and signature of the prescribing
physician;
(2) the name of the institution of higher education to
which the order is issued;
(3) the quantity of epinephrine auto-injectors to be
obtained and maintained under the order; and
(4) the date of issue.
(e) A pharmacist may dispense an epinephrine auto-injector
to an institution of higher education without requiring the name or
any other identifying information relating to the user.
Sec. 51.886. GIFTS, GRANTS, AND DONATIONS. An institution
of higher education may accept gifts, grants, donations, and
federal funds to implement this subchapter.
Sec. 51.887. RULES. Except as otherwise provided by this
subchapter, the Texas Higher Education Coordinating Board and the
commissioner of state health services shall jointly adopt rules
necessary to implement this subchapter.
Sec. 51.888. IMMUNITY FROM LIABILITY. (a) Except in a case
of reckless conduct or intentional, wilful, or wanton misconduct, a
person is immune from civil or criminal liability or disciplinary
action for any conduct permitted or required under this subchapter,
including:
(1) issuing an order for epinephrine auto-injectors;
(2) supervising or delegating the administration of an
epinephrine auto-injector;
(3) possessing an epinephrine auto-injector;
(4) prescribing an epinephrine auto-injector;
(5) dispensing an epinephrine auto-injector;
(6) administering, or assisting in administering, an
epinephrine auto-injector;
(7) providing, or assisting in providing, training,
consultation, or advice in the development, adoption, or
implementation of policies, guidelines, rules, or plans; or
(8) undertaking any other act permitted or required
under this subchapter.
(b) The immunity provided by Subsection (a) is in addition
to other immunity or limitations of liability provided by law.
(c) Notwithstanding any other law, this subchapter does not
create a cause of action or liability against personnel for the use
of an epinephrine auto-injector as provided by this subchapter.
SECTION 4. This Act applies beginning with the 2017 fall
semester.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.