Texas 2019 - 86th Regular

Texas House Bill HB1849 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1849
	1	+	By: Klick (Senate Sponsor - Menéndez) H.B. No. 1849
	2	+	(In the Senate - Received from the House April 3, 2019;
	3	+	April 4, 2019, read first time and referred to Committee on Health &
	4	+	Human Services; May 17, 2019, reported favorably by the following
	5	+	vote: Yeas 9, Nays 0; May 17, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the possession and administration of epinephrine
6	12		auto-injectors in day-care centers; limiting liability.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
9	15		is amended by adding Section 42.067 to read as follows:
10	16		Sec. 42.067. EPINEPHRINE AUTO-INJECTORS; IMMUNITY FROM
11	17		LIABILITY. (a) In this section:
12	18		(1) "Anaphylaxis" means a sudden, severe, and
13	19		potentially life-threatening allergic reaction that occurs when a
14	20		person is exposed to an allergen.
15	21		(2) "Epinephrine auto-injector" means a disposable
16	22		medical drug delivery device that contains a premeasured single
17	23		dose of epinephrine intended for use to treat anaphylaxis.
18	24		(3) "Physician" means a person who holds a license to
19	25		practice medicine in this state.
20	26		(b) A physician, or a person who has been delegated
21	27		prescriptive authority under Chapter 157, Occupations Code, may
22	28		prescribe epinephrine auto-injectors in the name of a day-care
23	29		center.
24	30		(c) A physician or other person who prescribes epinephrine
25	31		auto-injectors under Subsection (b) shall provide the day-care
26	32		center with a standing order for the administration of an
27	33		epinephrine auto-injector to a person reasonably believed to be
28	34		experiencing anaphylaxis.
29	35		(d) A standing order under Subsection (c) is not required to
30	36		be patient-specific. An epinephrine auto-injector may be
31	37		administered under this section to a person without a previously
32	38		established physician-patient relationship.
33	39		(e) Notwithstanding any other law, supervision or
34	40		delegation by a physician is considered adequate if the physician:
35	41		(1) periodically reviews the order; and
36	42		(2) is available through direct telecommunication as
37	43		needed for consultation, assistance, and direction.
38	44		(f) An order issued under this section must contain:
39	45		(1) the name and signature of the prescribing
40	46		physician or other person;
41	47		(2) the name of the day-care center to which the order
42	48		is issued;
43	49		(3) the quantity of epinephrine auto-injectors to be
44	50		obtained and maintained under the order; and
45	51		(4) the date the order was issued.
46	52		(g) A pharmacist may dispense an epinephrine auto-injector
47	53		to a day-care center without requiring the name of or any other
48	54		identifying information relating to the user.
49	55		(h) A day-care center shall store an epinephrine
50	56		auto-injector in a secure location that is easily accessible to
51	57		employees or volunteers of the day-care center authorized and
52	58		trained to administer an epinephrine auto-injector.
53	59		(i) Each day-care center is responsible for training
54	60		employees in the administration of an epinephrine auto-injector.
55	61		The training must:
56	62		(1) include information on:
57	63		(A) recognizing the signs and symptoms of
58	64		anaphylaxis;
59	65		(B) administering an epinephrine auto-injector;
60	66		(C) the recommended dosages for adults and
61	67		children by age and weight, if applicable, and the dosages
62	68		available at the center;
63	69		(D) implementing emergency procedures, if
64	70		necessary, after administering an epinephrine auto-injector; and
65	71		(E) the proper disposal of used or expired
66	72		epinephrine auto-injectors; and
67	73		(2) be completed annually in a formal training session
68	74		or through online education.
69	75		(j) Each day-care center shall maintain records on the
70	76		training required under this section.
71	77		(k) Not later than the 10th business day after the date a
72	78		day-care center employee administers an epinephrine auto-injector
73	79		in accordance with this section, the day-care center shall report
74	80		the following information to the persons listed in Subsection (l):
75	81		(1) the age of the person who received the
76	82		administration of the epinephrine auto-injector;
77	83		(2) whether the person who received the administration
78	84		of the epinephrine auto-injector was:
79	85		(A) a child enrolled in the day-care center;
80	86		(B) a day-care center employee or volunteer; or
81	87		(C) a visitor to the day-care center;
82	88		(3) the physical location where the epinephrine
83	89		auto-injector was administered;
84	90		(4) the number of doses of epinephrine auto-injector
85	91		administered;
86	92		(5) the title of the employee who administered the
87	93		epinephrine auto-injector; and
88	94		(6) any other information required by the executive
89	95		commissioner.
90	96		(l) The information required by Subsection (k) shall be
91	97		reported to:
92	98		(1) the owner of the day-care center;
93	99		(2) the physician or other person who prescribed the
94	100		epinephrine auto-injector;
95	101		(3) the commission; and
96	102		(4) the Department of State Health Services.
97	103		(m) The executive commissioner, in consultation with the
98	104		Department of State Health Services, shall adopt rules necessary to
99	105		implement this section.
100	106		(n) A person who in good faith takes, or fails to take,
101	107		action relating to the prescription of an epinephrine auto-injector
102	108		to a day-care center or the administration of an epinephrine
103	109		auto-injector in a day-care center is immune from civil or criminal
104	110		liability or disciplinary action resulting from that action or
105	111		failure to act, including:
106	112		(1) issuing an order for epinephrine auto-injectors;
107	113		(2) supervising or delegating the administration of an
108	114		epinephrine auto-injector;
109	115		(3) possessing, maintaining, storing, or disposing of
110	116		an epinephrine auto-injector;
111	117		(4) prescribing an epinephrine auto-injector;
112	118		(5) dispensing an epinephrine auto-injector;
113	119		(6) administering, or assisting in administering, an
114	120		epinephrine auto-injector;
115	121		(7) providing, or assisting in providing, training,
116	122		consultation, or advice in the development, adoption, or
117	123		implementation of policies, guidelines, rules, or plans; or
118	124		(8) undertaking any other act permitted or required
119	125		under this section.
120	126		(o) The immunities and protections provided by this section
121	127		are in addition to other immunities or limitations of liability
122	128		provided by law.
123	129		(p) Notwithstanding any other law, this section does not
124	130		create a civil, criminal, or administrative cause of action or
125	131		liability or create a standard of care, obligation, or duty that
126	132		provides a basis for a cause of action for an act or omission under
127	133		this section.
128	134		(q) If a day-care center obtains epinephrine auto-injectors
129	135		for use as authorized by this section, the day-care center shall
130	136		notify each parent of a child enrolled in the center of the center's
131	137		policy and procedures relating to the administration of the
132	138		epinephrine auto-injectors.
133	139		(r) An act or omission described by this section does not
134	140		create a cause of action.
135	141		SECTION 2. This Act takes effect immediately if it receives
136	142		a vote of two-thirds of all the members elected to each house, as
137	143		provided by Section 39, Article III, Texas Constitution. If this
138	144		Act does not receive the vote necessary for immediate effect, this
139	145		Act takes effect September 1, 2019.
140		-	______________________________ ______________________________
141		-	President of the Senate Speaker of the House
142		-	I certify that H.B. No. 1849 was passed by the House on April
143		-	2, 2019, by the following vote: Yeas 147, Nays 0, 1 present, not
144		-	voting.
145		-	______________________________
146		-	Chief Clerk of the House
147		-	I certify that H.B. No. 1849 was passed by the Senate on May
148		-	22, 2019, by the following vote: Yeas 31, Nays 0.
149		-	______________________________
150		-	Secretary of the Senate
151		-	APPROVED: _____________________
152		-	Date
153		-	_____________________
154		-	Governor
	146	+	* * * * *