Texas 2019 - 86th Regular

Texas Senate Bill SB1827 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1827
	1	+	86R27080 KKR-D
	2	+	By: Menéndez S.B. No. 1827
	3	+	(Lambert)
	4	+	Substitute the following for S.B. No. 1827: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the possession and emergency administration of an
6	10		epinephrine auto-injector by law enforcement agencies and peace
7	11		officers.
8	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	13		SECTION 1. Chapter 1701, Occupations Code, is amended by
10	14		adding Subchapter O to read as follows:
11	15		SUBCHAPTER O. EMERGENCY ADMINISTRATION OF EPINEPHRINE
12	16		Sec. 1701.701. DEFINITIONS. In this subchapter:
13	17		(1) "Anaphylaxis" means a sudden, severe, and
14	18		potentially life-threatening allergic reaction that occurs when a
15	19		person is exposed to an allergen.
16	20		(2) "Epinephrine auto-injector" means a disposable
17	21		medical drug delivery device that contains a premeasured single
18	22		dose of epinephrine intended for use to treat anaphylaxis.
19	23		(3) "Physician" means a person who holds a license to
20	24		practice medicine in this state.
21	25		Sec. 1701.702. ADMINISTRATION OF EPINEPHRINE. (a) A law
22	26		enforcement agency may acquire and possess epinephrine
23	27		auto-injectors and a peace officer may possess and administer an
24	28		epinephrine auto-injector in accordance with this subchapter.
25	29		(b) A peace officer may possess and administer an
26	30		epinephrine auto-injector only if the peace officer has
27	31		successfully completed training in the use of the device in a course
28	32		approved by the commission.
29	33		(c) The commission, in consultation with the Department of
30	34		State Health Services, shall approve a training course on the
31	35		administration of an epinephrine auto-injector.
32	36		Sec. 1701.703. PRESCRIPTION OF EPINEPHRINE. (a) A
33	37		physician, or a person who has been delegated prescriptive
34	38		authority under Chapter 157, Occupations Code, may prescribe
35	39		epinephrine auto-injectors in the name of a law enforcement agency.
36	40		(b) A physician or other person who prescribes epinephrine
37	41		auto-injectors under Subsection (a) shall provide the law
38	42		enforcement agency with a standing order for the administration of
39	43		an epinephrine auto-injector to a person reasonably believed to be
40	44		experiencing anaphylaxis.
41	45		(c) A standing order under Subsection (b) is not required to
42	46		be patient-specific. An epinephrine auto-injector may be
43	47		administered under this subchapter to a person without a previously
44	48		established physician-patient relationship.
45	49		(d) Notwithstanding any other law, supervision or
46	50		delegation by a physician is considered adequate if the physician:
47	51		(1) periodically reviews the order; and
48	52		(2) is available through direct telecommunication as
49	53		needed for consultation, assistance, and direction.
50	54		(e) An order issued under this section must contain:
51	55		(1) the name and signature of the prescribing
52	56		physician or other person;
53	57		(2) the name of the law enforcement agency to which the
54	58		order is issued;
55	59		(3) the quantity of epinephrine auto-injectors to be
56	60		obtained and maintained under the order; and
57	61		(4) the date the order was issued.
58	62		(f) A pharmacist may dispense an epinephrine auto-injector
59	63		to a law enforcement agency without requiring the name of or any
60	64		other identifying information relating to the user.
61	65		Sec. 1701.704. MAINTENANCE AND ADMINISTRATION OF
62	66		EPINEPHRINE AUTO-INJECTORS. A law enforcement agency that acquires
63	67		and possesses epinephrine auto-injectors under this subchapter
64	68		shall adopt and implement a policy regarding the maintenance,
65	69		administration, and disposal of the epinephrine auto-injectors.
66	70		The policy must:
67	71		(1) establish a process for the agency to check the
68	72		inventory of epinephrine auto-injectors at regular intervals for
69	73		expiration and replacement; and
70	74		(2) require that the epinephrine auto-injectors be
71	75		stored in a secure location.
72	76		Sec. 1701.705. NOTIFICATION OF ADMINISTRATION OF
73	77		EPINEPHRINE AUTO-INJECTOR. After an officer administers an
74	78		epinephrine auto-injector under this subchapter, the law
75	79		enforcement agency shall notify the physician or other person who
76	80		prescribed the epinephrine auto-injector of:
77	81		(1) the age of the person to whom the epinephrine
78	82		auto-injector was administered; and
79	83		(2) the number of epinephrine auto-injector doses
80	84		administered to the person.
81	85		Sec. 1701.706. GIFTS, GRANTS, AND DONATIONS. A law
82	86		enforcement agency may accept gifts, grants, donations, and federal
83	87		and local money to implement this subchapter.
84	88		Sec. 1701.707. NOT PRACTICE OF HEALTH CARE. The
85	89		administration by a peace officer of an epinephrine auto-injector
86	90		to a person in accordance with the requirements of this subchapter
87	91		or commission rules does not constitute the unlawful practice of
88	92		any health care profession.
89	93		Sec. 1701.708. IMMUNITY FROM LIABILITY. (a) A person who
90	94		in good faith takes, or fails to take, action relating to the
91	95		prescription of an epinephrine auto-injector to a law enforcement
92	96		agency or the administration of an epinephrine auto-injector by a
93	97		peace officer is immune from civil or criminal liability or
94	98		disciplinary action resulting from that action or failure to act,
95	99		including:
96	100		(1) issuing an order for epinephrine auto-injectors;
97	101		(2) supervising or delegating the administration of an
98	102		epinephrine auto-injector;
99	103		(3) possessing, maintaining, storing, or disposing of
100	104		an epinephrine auto-injector;
101	105		(4) prescribing an epinephrine auto-injector;
102	106		(5) dispensing an epinephrine auto-injector;
103	107		(6) administering, or assisting in administering, an
104	108		epinephrine auto-injector;
105	109		(7) providing, or assisting in providing, training,
106	110		consultation, or advice in the development, adoption, or
107	111		implementation of policies, guidelines, rules, or plans; or
108	112		(8) undertaking any other act permitted or required
109	113		under this subchapter.
110	114		(b) The immunities and protections provided by this
111	115		subchapter are in addition to other immunities or limitations of
112	116		liability provided by law.
113	117		(c) Notwithstanding any other law, this subchapter does not
114	118		create a civil, criminal, or administrative cause of action or
115	119		liability or create a standard of care, obligation, or duty that
116	120		provides a basis for a cause of action for an act or omission under
117	121		this subchapter.
118	122		(d) An act or omission described by this subchapter does not
119	123		create a cause of action.
120	124		Sec. 1701.709. GOVERNMENTAL IMMUNITY NOT WAIVED. This
121	125		subchapter does not waive governmental immunity from suit or
122	126		liability.
123	127		SECTION 2. As soon as practicable after the effective date
124	128		of this Act, the Texas Commission on Law Enforcement shall approve a
125	129		training course consistent with Section 1701.702, Occupations
126	130		Code, as added by this Act.
127	131		SECTION 3. This Act takes effect September 1, 2019.
128		-	______________________________ ______________________________
129		-	President of the Senate Speaker of the House
130		-	I hereby certify that S.B. No. 1827 passed the Senate on
131		-	April 11, 2019, by the following vote: Yeas 31, Nays 0; and that
132		-	the Senate concurred in House amendment on May 23, 2019, by the
133		-	following vote: Yeas 31, Nays 0.
134		-	______________________________
135		-	Secretary of the Senate
136		-	I hereby certify that S.B. No. 1827 passed the House, with
137		-	amendment, on May 17, 2019, by the following vote: Yeas 146,
138		-	Nays 1, two present not voting.
139		-	______________________________
140		-	Chief Clerk of the House
141		-	Approved:
142		-	______________________________
143		-	Date
144		-	______________________________
145		-	Governor