Texas 2019 - 86th Regular

Texas Senate Bill SB1735 Compare Versions

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

Old	New	Differences
1	1	86R7749 MCK-D
2	2	By: Menéndez S.B. No. 1735
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the possession and administration of epinephrine
8	8	auto-injectors in day-care centers; limiting liability.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
11	11	is amended by adding Section 42.067 to read as follows:
12	12	Sec. 42.067. EPINEPHRINE AUTO-INJECTORS; IMMUNITY FROM
13	13	LIABILITY. (a) In this section:
14	14	(1) "Anaphylaxis" means a sudden, severe, and
15	15	potentially life-threatening allergic reaction that occurs when a
16	16	person is exposed to an allergen.
17	17	(2) "Epinephrine auto-injector" means a disposable
18	18	medical drug delivery device that contains a premeasured single
19	19	dose of epinephrine intended for use to treat anaphylaxis.
20	20	(3) "Physician" means a person who holds a license to
21	21	practice medicine in this state.
22	22	(b) A physician, or a person who has been delegated
23	23	prescriptive authority under Chapter 157, Occupations Code, may
24	24	prescribe epinephrine auto-injectors in the name of a day-care
25	25	center.
26	26	(c) A physician or other person who prescribes epinephrine
27	27	auto-injectors under Subsection (b) shall provide the day-care
28	28	center with a standing order for the administration of an
29	29	epinephrine auto-injector to a person reasonably believed to be
30	30	experiencing anaphylaxis.
31	31	(d) A standing order under Subsection (c) is not required to
32	32	be patient-specific. An epinephrine auto-injector may be
33	33	administered under this section to a person without a previously
34	34	established physician-patient relationship.
35	35	(e) Notwithstanding any other law, supervision or
36	36	delegation by a physician is considered adequate if the physician:
37	37	(1) periodically reviews the order; and
38	38	(2) is available through direct telecommunication as
39	39	needed for consultation, assistance, and direction.
40	40	(f) An order issued under this section must contain:
41	41	(1) the name and signature of the prescribing
42	42	physician or other person;
43	43	(2) the name of the day-care center to which the order
44	44	is issued;
45	45	(3) the quantity of epinephrine auto-injectors to be
46	46	obtained and maintained under the order; and
47	47	(4) the date the order was issued.
48	48	(g) A pharmacist may dispense an epinephrine auto-injector
49	49	to a day-care center without requiring the name of or any other
50	50	identifying information relating to the user.
51	51	(h) Each day-care center is responsible for training
52	52	personnel in the administration of an epinephrine auto-injector.
53	53	The training must:
54	54	(1) include information on:
55	55	(A) the signs and symptoms of anaphylaxis;
56	56	(B) the administration of an epinephrine
57	57	auto-injector;
58	58	(C) the recommended dosages for adults and
59	59	children by age and weight, if applicable, and the dosages
60	60	available at the center;
61	61	(D) the implementation of emergency procedures,
62	62	if necessary, after administering an epinephrine auto-injector;
63	63	and
64	64	(E) the proper disposal of used or expired
65	65	epinephrine auto-injectors; and
66	66	(2) be completed annually in a formal training session
67	67	or through online education.
68	68	(i) Each day-care center shall maintain records on the
69	69	training required under this section.
70	70	(j) A person who in good faith takes, or fails to take,
71	71	action relating to the prescription of an epinephrine auto-injector
72	72	to a day-care center or the administration of an epinephrine
73	73	auto-injector in a day-care center is immune from civil or criminal
74	74	liability or disciplinary action resulting from that action or
75	75	failure to act, including:
76	76	(1) issuing an order for epinephrine auto-injectors;
77	77	(2) supervising or delegating the administration of an
78	78	epinephrine auto-injector;
79	79	(3) possessing, maintaining, storing, or disposing of
80	80	an epinephrine auto-injector;
81	81	(4) prescribing an epinephrine auto-injector;
82	82	(5) dispensing an epinephrine auto-injector;
83	83	(6) administering, or assisting in administering, an
84	84	epinephrine auto-injector;
85	85	(7) providing, or assisting in providing, training,
86	86	consultation, or advice in the development, adoption, or
87	87	implementation of policies, guidelines, rules, or plans; or
88	88	(8) undertaking any other act permitted or required
89	89	under this section.
90	90	(k) The immunities and protections provided by this section
91	91	are in addition to other immunities or limitations of liability
92	92	provided by law.
93	93	(l) Notwithstanding any other law, this section does not
94	94	create a civil, criminal, or administrative cause of action or
95	95	liability or create a standard of care, obligation, or duty that
96	96	provides a basis for a cause of action for an act or omission under
97	97	this section.
98	98	(m) An act or omission described by this section does not
99	99	create a cause of action.
100	100	SECTION 2. This Act takes effect immediately if it receives
101	101	a vote of two-thirds of all the members elected to each house, as
102	102	provided by Section 39, Article III, Texas Constitution. If this
103	103	Act does not receive the vote necessary for immediate effect, this
104	104	Act takes effect September 1, 2019.