| 1 | 1 | | 86R11473 KKR-F |
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| 2 | 2 | | By: Lambert H.B. No. 2413 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the emergency administration of an epinephrine |
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| 8 | 8 | | auto-injector by peace officers. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 1701, Occupations Code, is amended by |
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| 11 | 11 | | adding Subchapter O to read as follows: |
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| 12 | 12 | | SUBCHAPTER O. EMERGENCY ADMINISTRATION OF EPINEPHRINE |
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| 13 | 13 | | Sec. 1701.701. DEFINITION. In this subchapter, |
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| 14 | 14 | | "epinephrine auto-injector" means a disposable medical drug |
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| 15 | 15 | | delivery device that contains a premeasured single dose of |
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| 16 | 16 | | epinephrine that is intended to be used to treat anaphylaxis. |
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| 17 | 17 | | Sec. 1701.702. ADMINISTRATION OF EPINEPHRINE. (a) A peace |
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| 18 | 18 | | officer may possess and administer an epinephrine auto-injector in |
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| 19 | 19 | | accordance with this subchapter. |
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| 20 | 20 | | (b) A peace officer may possess and administer epinephrine |
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| 21 | 21 | | through an auto-injector device to a person in an emergency |
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| 22 | 22 | | situation only if the peace officer has successfully completed |
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| 23 | 23 | | training in the use of the device in a course approved by the |
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| 24 | 24 | | commission. The commission, in consultation with the Department of |
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| 25 | 25 | | State Health Services, shall approve a training course on the |
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| 26 | 26 | | administration of epinephrine through an auto-injector device. |
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| 27 | 27 | | Sec. 1701.703. NOT PRACTICE OF HEALTH CARE. The |
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| 28 | 28 | | administration by a peace officer of epinephrine through an |
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| 29 | 29 | | auto-injector device to a person in accordance with the |
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| 30 | 30 | | requirements of this subchapter does not constitute the unlawful |
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| 31 | 31 | | practice of any health care profession. |
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| 32 | 32 | | Sec. 1701.704. NO CAUSE OF ACTION. Notwithstanding any |
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| 33 | 33 | | other law, this subchapter does not create a civil, criminal, or |
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| 34 | 34 | | administrative cause of action or liability or create a standard of |
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| 35 | 35 | | care, obligation, or duty that provides a basis for a cause of |
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| 36 | 36 | | action for an act or omission under this subchapter. |
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| 37 | 37 | | Sec. 1701.705. GOVERNMENTAL IMMUNITY NOT WAIVED. This |
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| 38 | 38 | | subchapter does not waive governmental immunity from suit or |
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| 39 | 39 | | liability. |
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| 40 | 40 | | SECTION 2. As soon as practicable after the effective date |
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| 41 | 41 | | of this Act, the Texas Commission on Law Enforcement shall approve a |
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| 42 | 42 | | training course consistent with Section 1701.702, Occupations |
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| 43 | 43 | | Code, as added by this Act. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2019. |
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