Texas 2019 - 86th Regular

Texas House Bill HB4260 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4260
	1	+	By: Cortez (Senate Sponsor - Lucio) H.B. No. 4260
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 6, 2019, read first time and referred to Committee on Health &
	4	+	Human Services; May 19, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	6	+	May 19, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 4260 By: Perry
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the possession and administration of an epinephrine
6	14		auto-injector by certain entities.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. The heading to Section 773.014, Health and
9	17		Safety Code, is amended to read as follows:
10	18		Sec. 773.014. ADMINISTRATION OF EPINEPHRINE BY EMERGENCY
11	19		MEDICAL SERVICES PERSONNEL.
12	20		SECTION 2. Subchapter A, Chapter 773, Health and Safety
13	21		Code, is amended by adding Section 773.0145 to read as follows:
14	22		Sec. 773.0145. POSSESSION AND ADMINISTRATION OF
15	23		EPINEPHRINE BY CERTAIN ENTITIES. (a) This section applies to:
16	24		(1) an amusement park, as defined by Section 46.035,
17	25		Penal Code;
18	26		(2) a child-care facility, as defined by Section
19	27		42.002, Human Resources Code;
20	28		(3) a day camp or youth camp, as defined by Section
21	29		141.002;
22	30		(4) a private or independent institution of higher
23	31		education, as defined by Section 61.003, Education Code;
24	32		(5) a restaurant, as defined by Section 17.821,
25	33		Business & Commerce Code;
26	34		(6) a sports venue, as defined by Section 504.151,
27	35		Local Government Code;
28	36		(7) a youth center, as defined by Section 481.134; or
29	37		(8) subject to Subsection (b), any other entity that
30	38		the executive commissioner by rule designates as an entity that
31	39		would benefit from the possession and administration of epinephrine
32	40		auto-injectors.
33	41		(b) This section does not apply to a governmental entity.
34	42		(c) An entity described by Subsection (a) may adopt a policy
35	43		regarding the maintenance, administration, and disposal of
36	44		epinephrine auto-injectors.
37	45		(d) A policy adopted under Subsection (c) must provide that
38	46		only an entity employee or volunteer who is authorized and trained
39	47		may administer an epinephrine auto-injector to a person who is
40	48		reasonably believed to be experiencing anaphylaxis on the premises
41	49		of the entity.
42	50		(e) The executive commissioner shall adopt rules regarding
43	51		the maintenance, administration, and disposal of an epinephrine
44	52		auto-injector by an entity subject to a policy adopted under
45	53		Subsection (c). The rules must establish:
46	54		(1) the number of epinephrine auto-injectors and the
47	55		dosages of the auto-injectors available at each entity;
48	56		(2) the process for each entity to verify the
49	57		inventory of epinephrine auto-injectors at regular intervals for
50	58		expiration and replacement; and
51	59		(3) the amount of training required for an entity
52	60		employee or volunteer to administer an epinephrine auto-injector.
53	61		(f) Each entity that adopts a policy under Subsection (c)
54	62		must have at least one entity employee or volunteer authorized and
55	63		trained to administer an epinephrine auto-injector present during
56	64		all hours the entity is open to the public or to the population that
57	65		the entity serves, as applicable.
58	66		(g) The supply of epinephrine auto-injectors at each entity
59	67		must:
60	68		(1) be stored in accordance with the manufacturer's
61	69		instructions in a secure location; and
62	70		(2) be easily accessible to an entity employee or
63	71		volunteer authorized and trained to administer an epinephrine
64	72		auto-injector.
65	73		(h) Each entity that adopts a policy under Subsection (c) is
66	74		responsible for training the entity's employees and volunteers in
67	75		the administration of an epinephrine auto-injector.
68	76		(i) Employee and volunteer training under this section
69	77		must:
70	78		(1) include information on:
71	79		(A) the signs and symptoms of anaphylaxis;
72	80		(B) the recommended dosages for an adult and a
73	81		child;
74	82		(C) the administration of an epinephrine
75	83		auto-injector;
76	84		(D) the implementation of emergency procedures,
77	85		if necessary, after administering an epinephrine auto-injector;
78	86		and
79	87		(E) the proper disposal of used or expired
80	88		epinephrine auto-injectors; and
81	89		(2) be completed annually in a formal training session
82	90		or through online education.
83	91		(j) Each entity shall maintain records on the training
84	92		completed by each employee and volunteer under this section.
85	93		(k) A physician or person who has been delegated
86	94		prescriptive authority under Chapter 157, Occupations Code, may
87	95		prescribe epinephrine auto-injectors in the name of an entity.
88	96		(l) A physician or other person who prescribes epinephrine
89	97		auto-injectors under Subsection (k) shall provide the entity with a
90	98		standing order for the administration of an epinephrine
91	99		auto-injector to a person reasonably believed to be experiencing
92	100		anaphylaxis.
93	101		(m) The standing order under Subsection (l) is not required
94	102		to be patient-specific, and the epinephrine auto-injector may be
95	103		administered to a person without a previously established
96	104		physician-patient relationship.
97	105		(n) Notwithstanding any other law, supervision or
98	106		delegation by a physician is considered adequate if the physician:
99	107		(1) periodically reviews the order; and
100	108		(2) is available through direct telecommunication as
101	109		needed for consultation, assistance, and direction.
102	110		(o) For purposes of Subsection (n)(2), a person who has been
103	111		delegated prescriptive authority under Chapter 157, Occupations
104	112		Code, is not engaged in the unauthorized practice of telemedicine
105	113		or acting outside the person's scope of practice by consulting a
106	114		physician as provided by that subdivision when prescribing an
107	115		epinephrine auto-injector in accordance with this section.
108	116		(p) An order issued under this section must contain:
109	117		(1) the name and signature of the prescriber;
110	118		(2) the name of the entity to which the order is
111	119		issued;
112	120		(3) the quantity of epinephrine auto-injectors to be
113	121		obtained and maintained under the order; and
114	122		(4) the date of issue.
115	123		(q) A pharmacist may dispense an epinephrine auto-injector
116	124		to an entity without requiring the name or any other identifying
117	125		information relating to the user.
118	126		(r) A person who in good faith takes, or fails to take, any
119	127		action under this section is immune from civil or criminal
120	128		liability or disciplinary action resulting from that action or
121	129		failure to act, including:
122	130		(1) issuing an order for epinephrine auto-injectors;
123	131		(2) supervising or delegating the administration of an
124	132		epinephrine auto-injector;
125	133		(3) possessing, maintaining, storing, or disposing of
126	134		an epinephrine auto-injector;
127	135		(4) prescribing an epinephrine auto-injector;
128	136		(5) dispensing an epinephrine auto-injector;
129	137		(6) administering, or assisting in administering, an
130	138		epinephrine auto-injector;
131	139		(7) providing, or assisting in providing, training,
132	140		consultation, or advice in the development, adoption, or
133	141		implementation of policies, guidelines, rules, or plans; or
134	142		(8) undertaking any other act permitted or required
135	143		under this section.
136	144		(s) The immunities and protections provided by this section
137	145		are in addition to other immunities or limitations of liability
138	146		provided by law.
139	147		(t) Notwithstanding any other law, this section does not
140	148		create a civil, criminal, or administrative cause of action or
141	149		liability or create a standard of care, obligation, or duty that
142	150		provides a basis for a cause of action for an act or omission under
143	151		this section.
144	152		(u) A cause of action does not arise from an act or omission
145	153		described by this section.
146	154		(v) An entity and entity employees or volunteers are immune
147	155		from suit resulting from an act, or failure to act, under this
148	156		section, including an act or failure to act under related policies
149	157		and procedures.
150	158		(w) An act or failure to act by entity employees or
151	159		volunteers under this section, including an act or failure to act
152	160		under related policies and procedures, is the exercise of judgment
153	161		or discretion on the part of the entity employee or volunteer and is
154	162		not considered to be a ministerial act for purposes of liability of
155	163		the entity.
156	164		SECTION 3. This Act takes effect September 1, 2019.
157		-	______________________________ ______________________________
158		-	President of the Senate Speaker of the House
159		-	I certify that H.B. No. 4260 was passed by the House on May 3,
160		-	2019, by the following vote: Yeas 134, Nays 6, 2 present, not
161		-	voting; and that the House concurred in Senate amendments to H.B.
162		-	No. 4260 on May 24, 2019, by the following vote: Yeas 133, Nays 7,
163		-	3 present, not voting.
164		-	______________________________
165		-	Chief Clerk of the House
166		-	I certify that H.B. No. 4260 was passed by the Senate, with
167		-	amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
168		-	0.
169		-	______________________________
170		-	Secretary of the Senate
171		-	APPROVED: __________________
172		-	Date
173		-	__________________
174		-	Governor
	165	+	* * * * *