By: Menéndez S.B. No. 1367
(In the Senate - Filed March 6, 2017; March 16, 2017, read
first time and referred to Committee on Higher Education;
April 24, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 24, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1367 By: Menéndez
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;
(3) at least one member is an employee of a general
academic teaching institution; and
(4) at least one member is an employee of a public
junior college or a public technical institute.
(e) In this section, "general academic teaching
institution," "institution of higher education," "public junior
college," and "public technical institute" have the meanings
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, STORAGE, ADMINISTRATION, AND
DISPOSAL 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) "Campus" means an educational unit under the
management and control of an institution of higher education and
may include, in addition to the main campus, off-campus and
secondary locations, such as branch campuses, teaching locations,
and regional centers.
(4) "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.
(5) "Institution of higher education" has the meaning
assigned by Section 61.003.
(6) "Personnel" means employees of an institution of
higher education.
(7) "Physician" means a person who holds a license to
practice medicine in this state.
Sec. 51.882. MAINTENANCE, STORAGE, ADMINISTRATION, AND
DISPOSAL OF EPINEPHRINE AUTO-INJECTORS. (a) Each institution of
higher education may adopt and implement a policy regarding the
maintenance, storage, 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 or volunteers 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 or volunteers 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 or while in transit to or from an
off-campus event sponsored by the institution of higher education.
(c) The commissioner of state health services with advice
from the advisory committee shall adopt rules regarding the
maintenance, storage, administration, and disposal 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 or
volunteers 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 or volunteers 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 or volunteers 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 or volunteer 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 physician who prescribed the epinephrine
auto-injector; and
(2) 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 commissioner
of state health services.
Sec. 51.884. TRAINING. (a) Each institution of higher
education that adopts a policy under Section 51.882(a) is
responsible for training personnel or volunteers 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 commissioner of state health services shall adopt
rules necessary to implement this subchapter.
Sec. 51.888. IMMUNITY FROM LIABILITY. (a) A person who in
good faith takes, or fails to take, any action under this subchapter
is immune from civil or criminal liability or disciplinary action
resulting from that act or failure to act, 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) maintaining an epinephrine auto-injector;
(5) storing an epinephrine auto-injector;
(6) disposing of an epinephrine auto-injector;
(7) prescribing an epinephrine auto-injector;
(8) dispensing an epinephrine auto-injector;
(9) administering, or assisting in administering, an
epinephrine auto-injector;
(10) providing, or assisting in providing, training,
consultation, or advice in the development, adoption, or
implementation of policies, guidelines, rules, or plans; or
(11) 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 civil, criminal, or administrative cause of action or
liability or create a standard of care, obligation, or duty that
provides the basis for a cause of action for an act or omission
under this subchapter.
(d) An institution of higher education or a campus of an
institution of higher education is immune from suit resulting from
an act, or failure to act, under this subchapter, including an act
or failure to act under related policies and procedures.
(e) A cause of action does not arise from an act or omission
described by this section.
SECTION 4. This Act applies beginning with the 2018 spring
semester.
SECTION 5. This Act takes effect September 1, 2017.
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