86R27080 KKR-D
By: Menéndez S.B. No. 1827
(Lambert)
Substitute the following for S.B. No. 1827: No.
A BILL TO BE ENTITLED
AN ACT
relating to the possession and emergency administration of an
epinephrine auto-injector by law enforcement agencies and 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. DEFINITIONS. In this subchapter:
(1) "Anaphylaxis" means a sudden, severe, and
potentially life-threatening allergic reaction that occurs when a
person is exposed to an allergen.
(2) "Epinephrine auto-injector" means a disposable
medical drug delivery device that contains a premeasured single
dose of epinephrine intended for use to treat anaphylaxis.
(3) "Physician" means a person who holds a license to
practice medicine in this state.
Sec. 1701.702. ADMINISTRATION OF EPINEPHRINE. (a) A law
enforcement agency may acquire and possess epinephrine
auto-injectors and a peace officer may possess and administer an
epinephrine auto-injector in accordance with this subchapter.
(b) A peace officer may possess and administer an
epinephrine auto-injector only if the peace officer has
successfully completed training in the use of the device in a course
approved by the commission.
(c) The commission, in consultation with the Department of
State Health Services, shall approve a training course on the
administration of an epinephrine auto-injector.
Sec. 1701.703. PRESCRIPTION OF EPINEPHRINE. (a) A
physician, or a person who has been delegated prescriptive
authority under Chapter 157, Occupations Code, may prescribe
epinephrine auto-injectors in the name of a law enforcement agency.
(b) A physician or other person who prescribes epinephrine
auto-injectors under Subsection (a) shall provide the law
enforcement agency with a standing order for the administration of
an epinephrine auto-injector to a person reasonably believed to be
experiencing anaphylaxis.
(c) A standing order under Subsection (b) is not required to
be patient-specific. An epinephrine auto-injector may be
administered under this subchapter to a person without a previously
established physician-patient relationship.
(d) Notwithstanding any other law, supervision or
delegation by a physician is considered adequate if the physician:
(1) periodically reviews the order; and
(2) is available through direct telecommunication as
needed for consultation, assistance, and direction.
(e) An order issued under this section must contain:
(1) the name and signature of the prescribing
physician or other person;
(2) the name of the law enforcement agency to which the
order is issued;
(3) the quantity of epinephrine auto-injectors to be
obtained and maintained under the order; and
(4) the date the order was issued.
(f) A pharmacist may dispense an epinephrine auto-injector
to a law enforcement agency without requiring the name of or any
other identifying information relating to the user.
Sec. 1701.704. MAINTENANCE AND ADMINISTRATION OF
EPINEPHRINE AUTO-INJECTORS. A law enforcement agency that acquires
and possesses epinephrine auto-injectors under this subchapter
shall adopt and implement a policy regarding the maintenance,
administration, and disposal of the epinephrine auto-injectors.
The policy must:
(1) establish a process for the agency to check the
inventory of epinephrine auto-injectors at regular intervals for
expiration and replacement; and
(2) require that the epinephrine auto-injectors be
stored in a secure location.
Sec. 1701.705. NOTIFICATION OF ADMINISTRATION OF
EPINEPHRINE AUTO-INJECTOR. After an officer administers an
epinephrine auto-injector under this subchapter, the law
enforcement agency shall notify the physician or other person who
prescribed the epinephrine auto-injector of:
(1) the age of the person to whom the epinephrine
auto-injector was administered; and
(2) the number of epinephrine auto-injector doses
administered to the person.
Sec. 1701.706. GIFTS, GRANTS, AND DONATIONS. A law
enforcement agency may accept gifts, grants, donations, and federal
and local money to implement this subchapter.
Sec. 1701.707. NOT PRACTICE OF HEALTH CARE. The
administration by a peace officer of an epinephrine auto-injector
to a person in accordance with the requirements of this subchapter
or commission rules does not constitute the unlawful practice of
any health care profession.
Sec. 1701.708. IMMUNITY FROM LIABILITY. (a) A person who
in good faith takes, or fails to take, action relating to the
prescription of an epinephrine auto-injector to a law enforcement
agency or the administration of an epinephrine auto-injector by a
peace officer is immune from civil or criminal liability or
disciplinary action resulting from that action or failure to act,
including:
(1) issuing an order for epinephrine auto-injectors;
(2) supervising or delegating the administration of an
epinephrine auto-injector;
(3) possessing, maintaining, storing, or disposing of
an epinephrine auto-injector;
(4) prescribing an epinephrine auto-injector;
(5) dispensing an epinephrine auto-injector;
(6) administering, or assisting in administering, an
epinephrine auto-injector;
(7) providing, or assisting in providing, training,
consultation, or advice in the development, adoption, or
implementation of policies, guidelines, rules, or plans; or
(8) undertaking any other act permitted or required
under this subchapter.
(b) The immunities and protections provided by this
subchapter are in addition to other immunities or limitations of
liability provided by law.
(c) 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.
(d) An act or omission described by this subchapter does not
create a cause of action.
Sec. 1701.709. 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.