Texas 2017 - 85th Regular

Texas Senate Bill SB1367 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Menéndez, et al. S.B. No. 1367
2		-	(Howard, Cortez, Flynn, Klick, Sheffield)
	1	+	S.B. No. 1367
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to policies and training regarding the use of epinephrine
8	6		auto-injectors by public institutions of higher education;
9	7		providing immunity.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Section 38.202, Education Code, is amended by
12	10		amending Subsections (a) and (b) and adding Subsection (e) to read
13	11		as follows:
14	12		(a) The commissioner of state health services shall
15	13		establish an advisory committee to examine and review the
16	14		administration of epinephrine auto-injectors to a person
17	15		experiencing an anaphylactic reaction on a campus of a school
18	16		district, [or] an open-enrollment charter school, or an institution
19	17		of higher education.
20	18		(b) The advisory committee shall be composed of members
21	19		appointed by the commissioner of state health services. In making
22	20		appointments, the commissioner shall ensure that:
23	21		(1) a majority of the members are physicians with
24	22		expertise in treating anaphylaxis, including physicians who
25	23		specialize in the fields of pediatrics, allergies, asthma, and
26	24		immunology; [and]
27	25		(2) at least one member is a registered nurse employed
28	26		by a school district or open-enrollment charter school as a school
29	27		nurse;
30	28		(3) at least one member is an employee of a general
31	29		academic teaching institution; and
32	30		(4) at least one member is an employee of a public
33	31		junior college or a public technical institute.
34	32		(e) In this section, "general academic teaching
35	33		institution," "institution of higher education," "public junior
36	34		college," and "public technical institute" have the meanings
37	35		assigned by Section 61.003.
38	36		SECTION 2. Section 38.207, Education Code, is amended to
39	37		read as follows:
40	38		Sec. 38.207. ADVISORY COMMITTEE: DUTIES. The advisory
41	39		committee shall advise the commissioner of state health services
42	40		on:
43	41		(1) the storage and maintenance of epinephrine
44	42		auto-injectors on school campuses and campuses of institutions of
45	43		higher education;
46	44		(2) the training of school personnel and school
47	45		volunteers, and of personnel and volunteers at institutions of
48	46		higher education, in the administration of an epinephrine
49	47		auto-injector; and
50	48		(3) a plan for:
51	49		(A) one or more school personnel members or
52	50		school volunteers trained in the administration of an epinephrine
53	51		auto-injector to be on each school campus; and
54	52		(B) one or more personnel members or volunteers
55	53		of an institution of higher education trained in the administration
56	54		of an epinephrine auto-injector to be on each campus of an
57	55		institution of higher education.
58	56		SECTION 3. Chapter 51, Education Code, is amended by adding
59	57		Subchapter Y-1 to read as follows:
60	58		SUBCHAPTER Y-1. MAINTENANCE, STORAGE, ADMINISTRATION, AND
61	59		DISPOSAL OF EPINEPHRINE AUTO-INJECTORS
62	60		Sec. 51.881. DEFINITIONS. In this subchapter:
63	61		(1) "Advisory committee" means the committee
64	62		established under Section 38.202.
65	63		(2) "Anaphylaxis" means a sudden, severe, and
66	64		potentially life-threatening allergic reaction that occurs when a
67	65		person is exposed to an allergen.
68	66		(3) "Campus" means an educational unit under the
69	67		management and control of an institution of higher education and
70	68		may include, in addition to the main campus, off-campus and
71	69		secondary locations, such as branch campuses, teaching locations,
72	70		and regional centers.
73	71		(4) "Epinephrine auto-injector" means a disposable
74	72		medical drug delivery device that contains a premeasured single
75	73		dose of epinephrine that is intended to be used to treat
76	74		anaphylaxis.
77	75		(5) "Institution of higher education" has the meaning
78	76		assigned by Section 61.003.
79	77		(6) "Personnel" means employees of an institution of
80	78		higher education.
81	79		(7) "Physician" means a person who holds a license to
82	80		practice medicine in this state.
83	81		Sec. 51.882. MAINTENANCE, STORAGE, ADMINISTRATION, AND
84	82		DISPOSAL OF EPINEPHRINE AUTO-INJECTORS. (a) Each institution of
85	83		higher education may adopt and implement a policy regarding the
86	84		maintenance, storage, administration, and disposal of epinephrine
87	85		auto-injectors on the institution's campus.
88	86		(b) If a policy is adopted under Subsection (a), the policy:
89	87		(1) must provide that personnel or volunteers who are
90	88		authorized and trained may administer an epinephrine auto-injector
91	89		to a person who is reasonably believed to be experiencing
92	90		anaphylaxis on the institution's campus; and
93	91		(2) may provide that personnel or volunteers who are
94	92		authorized and trained may administer an epinephrine auto-injector
95	93		to a person who is reasonably believed to be experiencing
96	94		anaphylaxis at an off-campus event or while in transit to or from an
97	95		off-campus event sponsored by the institution of higher education.
98	96		(c) The commissioner of state health services with advice
99	97		from the advisory committee shall adopt rules regarding the
100	98		maintenance, storage, administration, and disposal of an
101	99		epinephrine auto-injector on the campus of an institution of higher
102	100		education subject to a policy adopted under Subsection (a). The
103	101		rules must establish:
104	102		(1) the number of epinephrine auto-injectors
105	103		available at each campus;
106	104		(2) the process for each institution of higher
107	105		education to check the inventory of epinephrine auto-injectors at
108	106		regular intervals for expiration and replacement; and
109	107		(3) the amount of training required for personnel or
110	108		volunteers to administer an epinephrine auto-injector.
111	109		(d) Each institution of higher education that adopts a
112	110		policy under Subsection (a) must require that the institution's
113	111		campuses have personnel or volunteers authorized and trained to
114	112		administer an epinephrine auto-injector present.
115	113		(e) The supply of epinephrine auto-injectors at a campus
116	114		must be stored in a secure location and be easily accessible to
117	115		personnel or volunteers authorized and trained to administer an
118	116		epinephrine auto-injector.
119	117		Sec. 51.883. REPORT ON ADMINISTERING EPINEPHRINE
120	118		AUTO-INJECTOR. (a) Not later than the 10th business day after the
121	119		date a personnel member or volunteer administers an epinephrine
122	120		auto-injector in accordance with a policy adopted under Section
123	121		51.882(a), the institution of higher education shall report the
124	122		information required under Subsection (b) to:
125	123		(1) the physician who prescribed the epinephrine
126	124		auto-injector; and
127	125		(2) the commissioner of state health services.
128	126		(b) The report required under this section must include the
129	127		following information:
130	128		(1) the age of the person who received the
131	129		administration of the epinephrine auto-injector;
132	130		(2) whether the person who received the administration
133	131		of the epinephrine auto-injector was a student, a personnel member,
134	132		or a visitor;
135	133		(3) the physical location where the epinephrine
136	134		auto-injector was administered;
137	135		(4) the number of doses of epinephrine auto-injector
138	136		administered;
139	137		(5) the title of the person who administered the
140	138		epinephrine auto-injector; and
141	139		(6) any other information required by the commissioner
142	140		of state health services.
143	141		Sec. 51.884. TRAINING. (a) Each institution of higher
144	142		education that adopts a policy under Section 51.882(a) is
145	143		responsible for training personnel or volunteers in the
146	144		administration of an epinephrine auto-injector.
147	145		(b) Training required under this section must:
148	146		(1) include information on:
149	147		(A) recognizing the signs and symptoms of
150	148		anaphylaxis;
151	149		(B) administering an epinephrine auto-injector;
152	150		(C) implementing emergency procedures, if
153	151		necessary, after administering an epinephrine auto-injector; and
154	152		(D) properly disposing of used or expired
155	153		epinephrine auto-injectors; and
156	154		(2) be provided in a formal training session or
157	155		through online education and be completed annually.
158	156		(c) Each institution of higher education that adopts a
159	157		policy under Section 51.882(a) shall maintain records on the
160	158		training required under this section.
161	159		Sec. 51.885. PRESCRIPTION OF EPINEPHRINE AUTO-INJECTORS.
162	160		(a) A physician may prescribe epinephrine auto-injectors in the
163	161		name of an institution of higher education that adopts a policy
164	162		under Section 51.882(a). The physician shall provide the
165	163		institution with a standing order for the administration of an
166	164		epinephrine auto-injector to a person reasonably believed to be
167	165		experiencing anaphylaxis.
168	166		(b) The standing order under Subsection (a) is not required
169	167		to be patient-specific, and the epinephrine auto-injector may be
170	168		administered to a person without an established physician-patient
171	169		relationship.
172	170		(c) Notwithstanding any other provisions of law,
173	171		supervision or delegation by a physician is considered adequate if
174	172		the physician:
175	173		(1) periodically reviews the order; and
176	174		(2) is available through direct telecommunication as
177	175		needed for consultation, assistance, and direction.
178	176		(d) An order issued under this section must contain:
179	177		(1) the name and signature of the prescribing
180	178		physician;
181	179		(2) the name of the institution of higher education to
182	180		which the order is issued;
183	181		(3) the quantity of epinephrine auto-injectors to be
184	182		obtained and maintained under the order; and
185	183		(4) the date of issue.
186	184		(e) A pharmacist may dispense an epinephrine auto-injector
187	185		to an institution of higher education without requiring the name or
188	186		any other identifying information relating to the user.
189	187		Sec. 51.886. GIFTS, GRANTS, AND DONATIONS. An institution
190	188		of higher education may accept gifts, grants, donations, and
191	189		federal funds to implement this subchapter.
192	190		Sec. 51.887. RULES. Except as otherwise provided by this
193	191		subchapter, the commissioner of state health services shall adopt
194	192		rules necessary to implement this subchapter.
195	193		Sec. 51.888. IMMUNITY FROM LIABILITY. (a) A person who in
196	194		good faith takes, or fails to take, any action under this subchapter
197	195		is immune from civil or criminal liability or disciplinary action
198	196		resulting from that act or failure to act, including:
199	197		(1) issuing an order for epinephrine auto-injectors;
200	198		(2) supervising or delegating the administration of an
201	199		epinephrine auto-injector;
202	200		(3) possessing an epinephrine auto-injector;
203	201		(4) maintaining an epinephrine auto-injector;
204	202		(5) storing an epinephrine auto-injector;
205	203		(6) disposing of an epinephrine auto-injector;
206	204		(7) prescribing an epinephrine auto-injector;
207	205		(8) dispensing an epinephrine auto-injector;
208	206		(9) administering, or assisting in administering, an
209	207		epinephrine auto-injector;
210	208		(10) providing, or assisting in providing, training,
211	209		consultation, or advice in the development, adoption, or
212	210		implementation of policies, guidelines, rules, or plans; or
213	211		(11) undertaking any other act permitted or required
214	212		under this subchapter.
215	213		(b) The immunity provided by Subsection (a) is in addition
216	214		to other immunity or limitations of liability provided by law.
217	215		(c) Notwithstanding any other law, this subchapter does not
218	216		create a civil, criminal, or administrative cause of action or
219	217		liability or create a standard of care, obligation, or duty that
220	218		provides the basis for a cause of action for an act or omission
221	219		under this subchapter.
222	220		(d) An institution of higher education or a campus of an
223	221		institution of higher education is immune from suit resulting from
224	222		an act, or failure to act, under this subchapter, including an act
225	223		or failure to act under related policies and procedures.
226	224		(e) A cause of action does not arise from an act or omission
227	225		described by this section.
228	226		SECTION 4. This Act applies beginning with the 2018 spring
229	227		semester.
230	228		SECTION 5. This Act takes effect September 1, 2017.
	229	+	______________________________ ______________________________
	230	+	President of the Senate Speaker of the House
	231	+	I hereby certify that S.B. No. 1367 passed the Senate on
	232	+	May 1, 2017, by the following vote: Yeas 31, Nays 0.
	233	+	______________________________
	234	+	Secretary of the Senate
	235	+	I hereby certify that S.B. No. 1367 passed the House on
	236	+	May 17, 2017, by the following vote: Yeas 140, Nays 0, two
	237	+	present not voting.
	238	+	______________________________
	239	+	Chief Clerk of the House
	240	+	Approved:
	241	+	______________________________
	242	+	Date
	243	+	______________________________
	244	+	Governor