Texas 2019 86th Regular

Texas Senate Bill SB1827 Introduced / Bill

Filed 03/07/2019

                    86R11473 KKR-F
 By: Menéndez S.B. No. 1827


 A BILL TO BE ENTITLED
 AN ACT
 relating to the emergency administration of an epinephrine
 auto-injector by peace officers.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Chapter 1701, Occupations Code, is amended by
 adding Subchapter O to read as follows:
 SUBCHAPTER O. EMERGENCY ADMINISTRATION OF EPINEPHRINE
 Sec. 1701.701.  DEFINITION. In this subchapter,
 "epinephrine auto-injector" means a disposable medical drug
 delivery device that contains a premeasured single dose of
 epinephrine that is intended to be used to treat anaphylaxis.
 Sec. 1701.702.  ADMINISTRATION OF EPINEPHRINE.  (a)  A peace
 officer may possess and administer an epinephrine auto-injector in
 accordance with this subchapter.
 (b)  A peace officer may possess and administer epinephrine
 through an auto-injector device to a person in an emergency
 situation only if the peace officer has successfully completed
 training in the use of the device in a course approved by the
 commission.  The commission, in consultation with the Department of
 State Health Services, shall approve a training course on the
 administration of epinephrine through an auto-injector device.
 Sec. 1701.703.  NOT PRACTICE OF HEALTH CARE.  The
 administration by a peace officer of epinephrine through an
 auto-injector device to a person in accordance with the
 requirements of this subchapter does not constitute the unlawful
 practice of any health care profession.
 Sec. 1701.704.  NO CAUSE OF ACTION. Notwithstanding any
 other law, this subchapter does not create a civil, criminal, or
 administrative cause of action or liability or create a standard of
 care, obligation, or duty that provides a basis for a cause of
 action for an act or omission under this subchapter.
 Sec. 1701.705.  GOVERNMENTAL IMMUNITY NOT WAIVED. This
 subchapter does not waive governmental immunity from suit or
 liability.
 SECTION 2.  As soon as practicable after the effective date
 of this Act, the Texas Commission on Law Enforcement shall approve a
 training course consistent with Section 1701.702, Occupations
 Code, as added by this Act.
 SECTION 3.  This Act takes effect September 1, 2019.