Texas 2017 - 85th Regular

Texas Senate Bill SB1684 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R10043 DMS-D
2	2	By: Lucio S.B. No. 1684
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the possession and administration of an epinephrine
8	8	auto-injector by certain entities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 773.014, Health and
11	11	Safety Code, is amended to read as follows:
12	12	Sec. 773.014. ADMINISTRATION OF EPINEPHRINE BY EMERGENCY
13	13	MEDICAL SERVICES PERSONNEL.
14	14	SECTION 2. Subchapter A, Chapter 773, Health and Safety
15	15	Code, is amended by adding Section 773.0145 to read as follows:
16	16	Sec. 773.0145. POSSESSION AND ADMINISTRATION OF
17	17	EPINEPHRINE BY CERTAIN ENTITIES. (a) This section applies to:
18	18	(1) an amusement park, as defined by Section 46.035,
19	19	Penal Code;
20	20	(2) a child-care facility, as defined by Section
21	21	42.002, Human Resources Code;
22	22	(3) a day camp or youth camp, as defined by Section
23	23	141.002;
24	24	(4) an institution of higher education or private or
25	25	independent institution of higher education, as defined by Section
26	26	61.003, Education Code;
27	27	(5) a restaurant, as defined by Section 17.821,
28	28	Business & Commerce Code;
29	29	(6) a sports venue, as defined by Section 504.151,
30	30	Local Government Code;
31	31	(7) a youth center, as defined by Section 481.134; or
32	32	(8) any other entity that the executive commissioner
33	33	by rule designates as an entity that would benefit from the
34	34	possession and administration of epinephrine auto-injectors.
35	35	(b) An entity described by Subsection (a) may adopt a policy
36	36	regarding the maintenance, administration, and disposal of
37	37	epinephrine auto-injectors.
38	38	(c) A policy adopted under Subsection (b) must provide that
39	39	only an entity employee or volunteer who is authorized and trained
40	40	may administer an epinephrine auto-injector to a person who is
41	41	reasonably believed to be experiencing anaphylaxis on the premises
42	42	of the entity.
43	43	(d) The executive commissioner shall adopt rules regarding
44	44	the maintenance, administration, and disposal of an epinephrine
45	45	auto-injector by an entity subject to a policy adopted under
46	46	Subsection (b). The rules must establish:
47	47	(1) the number of epinephrine auto-injectors
48	48	available at each entity;
49	49	(2) the process for each entity to verify the
50	50	inventory of epinephrine auto-injectors at regular intervals for
51	51	expiration and replacement; and
52	52	(3) the amount of training required for an entity
53	53	employee or volunteer to administer an epinephrine auto-injector.
54	54	(e) Each entity that adopts a policy under Subsection (b)
55	55	must have at least one entity employee or volunteer authorized and
56	56	trained to administer an epinephrine auto-injector present during
57	57	all hours the entity is open to the public or to the population that
58	58	the entity serves, as applicable.
59	59	(f) The supply of epinephrine auto-injectors at each entity
60	60	must be stored in a secure location and be easily accessible to an
61	61	entity employee or volunteer authorized and trained to administer
62	62	an epinephrine auto-injector.
63	63	(g) Each entity that adopts a policy under Subsection (b) is
64	64	responsible for training the entity's employees and volunteers in
65	65	the administration of an epinephrine auto-injector.
66	66	(h) Employee and volunteer training under this section
67	67	must:
68	68	(1) include information on:
69	69	(A) recognizing the signs and symptoms of
70	70	anaphylaxis;
71	71	(B) administering an epinephrine auto-injector;
72	72	(C) implementing emergency procedures, if
73	73	necessary, after administering an epinephrine auto-injector; and
74	74	(D) properly disposing of used or expired
75	75	epinephrine auto-injectors; and
76	76	(2) be completed annually in a formal training session
77	77	or through online education.
78	78	(i) Each entity shall maintain records on the training
79	79	completed by each employee and volunteer under this section.
80	80	(j) A physician or person who has been delegated
81	81	prescriptive authority under Chapter 157, Occupations Code, may
82	82	prescribe epinephrine auto-injectors in the name of an entity.
83	83	(k) A physician or other person who prescribes epinephrine
84	84	auto-injectors under Subsection (j) shall provide the entity with a
85	85	standing order for the administration of an epinephrine
86	86	auto-injector to a person reasonably believed to be experiencing
87	87	anaphylaxis.
88	88	(l) The standing order under Subsection (k) is not required
89	89	to be patient-specific, and the epinephrine auto-injector may be
90	90	administered to a person without a previously established
91	91	physician-patient relationship.
92	92	(m) Notwithstanding any other law, supervision or
93	93	delegation by a physician is considered adequate if the physician:
94	94	(1) periodically reviews the order; and
95	95	(2) is available through direct telecommunication as
96	96	needed for consultation, assistance, and direction.
97	97	(n) An order issued under this section must contain:
98	98	(1) the name and signature of the prescriber;
99	99	(2) the name of the entity to which the order is
100	100	issued;
101	101	(3) the quantity of epinephrine auto-injectors to be
102	102	obtained and maintained under the order; and
103	103	(4) the date of issue.
104	104	(o) A pharmacist may dispense an epinephrine auto-injector
105	105	to an entity without requiring the name or any other identifying
106	106	information relating to the user.
107	107	(p) A person who in good faith takes, or fails to take, any
108	108	action under this section is immune from civil or criminal
109	109	liability or disciplinary action resulting from that action or
110	110	failure to act, including:
111	111	(1) issuing an order for epinephrine auto-injectors;
112	112	(2) supervising or delegating the administration of an
113	113	epinephrine auto-injector;
114	114	(3) possessing, maintaining, storing, or disposing of
115	115	an epinephrine auto-injector;
116	116	(4) prescribing an epinephrine auto-injector;
117	117	(5) dispensing an epinephrine auto-injector;
118	118	(6) administering, or assisting in administering, an
119	119	epinephrine auto-injector;
120	120	(7) providing, or assisting in providing, training,
121	121	consultation, or advice in the development, adoption, or
122	122	implementation of policies, guidelines, rules, or plans; or
123	123	(8) undertaking any other act permitted or required
124	124	under this section.
125	125	(q) The immunities and protections provided by this section
126	126	are in addition to other immunities or limitations of liability
127	127	provided by law.
128	128	(r) Notwithstanding any other law, this section does not
129	129	create a civil, criminal, or administrative cause of action or
130	130	liability or create a standard of care, obligation, or duty that
131	131	provides a basis for a cause of action for an act or omission under
132	132	this section.
133	133	(s) A cause of action does not arise from an act or omission
134	134	described by this section.
135	135	(t) An entity and entity employees or volunteers are immune
136	136	from suit resulting from an act, or failure to act, under this
137	137	section, including an act or failure to act under related policies
138	138	and procedures.
139	139	(u) An act or failure to act by entity employees or
140	140	volunteers under this section, including an act or failure to act
141	141	under related policies and procedures, is the exercise of judgment
142	142	or discretion on the part of the entity employee or volunteer and is
143	143	not considered to be a ministerial act for purposes of liability of
144	144	the entity.
145	145	SECTION 3. This Act takes effect September 1, 2017.