Texas 2019 - 86th Regular

Texas Senate Bill SB839 Compare Versions

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

Old	New	Differences
1	1	86R7571 EAS-D
2	2	By: Lucio S.B. No. 839
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the possession and administration of an epinephrine
8	8	auto-injector by certain entities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 773.014, Health and
11	11	Safety Code, is amended to read as follows:
12	12	Sec. 773.014. ADMINISTRATION OF EPINEPHRINE BY EMERGENCY
13	13	MEDICAL SERVICES PERSONNEL.
14	14	SECTION 2. Subchapter A, Chapter 773, Health and Safety
15	15	Code, is amended by adding Section 773.0145 to read as follows:
16	16	Sec. 773.0145. POSSESSION AND ADMINISTRATION OF
17	17	EPINEPHRINE BY CERTAIN ENTITIES. (a) This section applies to:
18	18	(1) an amusement park, as defined by Section 46.035,
19	19	Penal Code;
20	20	(2) a child-care facility, as defined by Section
21	21	42.002, Human Resources Code;
22	22	(3) a day camp or youth camp, as defined by Section
23	23	141.002;
24	24	(4) an institution of higher education or private or
25	25	independent institution of higher education, as defined by Section
26	26	61.003, Education Code;
27	27	(5) a restaurant, as defined by Section 17.821,
28	28	Business & Commerce Code;
29	29	(6) a sports venue, as defined by Section 504.151,
30	30	Local Government Code;
31	31	(7) a youth center, as defined by Section 481.134; or
32	32	(8) any other entity that the executive commissioner
33	33	by rule designates as an entity that would benefit from the
34	34	possession and administration of epinephrine auto-injectors.
35	35	(b) An entity described by Subsection (a) may adopt a policy
36	36	regarding the maintenance, administration, and disposal of
37	37	epinephrine auto-injectors.
38	38	(c) A policy adopted under Subsection (b) must provide that
39	39	only an entity employee or volunteer who is authorized and trained
40	40	may administer an epinephrine auto-injector to a person who is
41	41	reasonably believed to be experiencing anaphylaxis on the premises
42	42	of the entity.
43	43	(d) The executive commissioner shall adopt rules regarding
44	44	the maintenance, administration, and disposal of an epinephrine
45	45	auto-injector by an entity subject to a policy adopted under
46	46	Subsection (b). The rules must establish:
47	47	(1) the number of epinephrine auto-injectors and the
48	48	dosages of the auto-injectors available at each entity;
49	49	(2) the process for each entity to verify the
50	50	inventory of epinephrine auto-injectors at regular intervals for
51	51	expiration and replacement; and
52	52	(3) the amount of training required for an entity
53	53	employee or volunteer to administer an epinephrine auto-injector.
54	54	(e) Each entity that adopts a policy under Subsection (b)
55	55	must have at least one entity employee or volunteer authorized and
56	56	trained to administer an epinephrine auto-injector present during
57	57	all hours the entity is open to the public or to the population that
58	58	the entity serves, as applicable.
59	59	(f) The supply of epinephrine auto-injectors at each entity
60	60	must:
61	61	(1) be stored in accordance with the manufacturer's
62	62	instructions in a secure location; and
63	63	(2) be easily accessible to an entity employee or
64	64	volunteer authorized and trained to administer an epinephrine
65	65	auto-injector.
66	66	(g) Each entity that adopts a policy under Subsection (b) is
67	67	responsible for training the entity's employees and volunteers in
68	68	the administration of an epinephrine auto-injector.
69	69	(h) Employee and volunteer training under this section
70	70	must:
71	71	(1) include information on:
72	72	(A) the signs and symptoms of anaphylaxis;
73	73	(B) the recommended dosages for an adult and a
74	74	child;
75	75	(C) the administration of an epinephrine
76	76	auto-injector;
77	77	(D) the implementation of emergency procedures,
78	78	if necessary, after administering an epinephrine auto-injector;
79	79	and
80	80	(E) the proper disposal of used or expired
81	81	epinephrine auto-injectors; and
82	82	(2) be completed annually in a formal training session
83	83	or through online education.
84	84	(i) Each entity shall maintain records on the training
85	85	completed by each employee and volunteer under this section.
86	86	(j) A physician or person who has been delegated
87	87	prescriptive authority under Chapter 157, Occupations Code, may
88	88	prescribe epinephrine auto-injectors in the name of an entity.
89	89	(k) A physician or other person who prescribes epinephrine
90	90	auto-injectors under Subsection (j) shall provide the entity with a
91	91	standing order for the administration of an epinephrine
92	92	auto-injector to a person reasonably believed to be experiencing
93	93	anaphylaxis.
94	94	(l) The standing order under Subsection (k) is not required
95	95	to be patient-specific, and the epinephrine auto-injector may be
96	96	administered to a person without a previously established
97	97	physician-patient relationship.
98	98	(m) Notwithstanding any other law, supervision or
99	99	delegation by a physician is considered adequate if the physician:
100	100	(1) periodically reviews the order; and
101	101	(2) is available through direct telecommunication as
102	102	needed for consultation, assistance, and direction.
103	103	(n) For purposes of Subsection (m)(2), a person who has been
104	104	delegated prescriptive authority under Chapter 157, Occupations
105	105	Code, is not engaged in the unauthorized practice of telemedicine
106	106	or acting outside the person's scope of practice by consulting a
107	107	physician as provided by that subsection when prescribing an
108	108	epinephrine auto-injector in accordance with this section.
109	109	(o) An order issued under this section must contain:
110	110	(1) the name and signature of the prescriber;
111	111	(2) the name of the entity to which the order is
112	112	issued;
113	113	(3) the quantity of epinephrine auto-injectors to be
114	114	obtained and maintained under the order; and
115	115	(4) the date of issue.
116	116	(p) A pharmacist may dispense an epinephrine auto-injector
117	117	to an entity without requiring the name or any other identifying
118	118	information relating to the user.
119	119	(q) A person who in good faith takes, or fails to take, any
120	120	action under this section is immune from civil or criminal
121	121	liability or disciplinary action resulting from that action or
122	122	failure to act, including:
123	123	(1) issuing an order for epinephrine auto-injectors;
124	124	(2) supervising or delegating the administration of an
125	125	epinephrine auto-injector;
126	126	(3) possessing, maintaining, storing, or disposing of
127	127	an epinephrine auto-injector;
128	128	(4) prescribing an epinephrine auto-injector;
129	129	(5) dispensing an epinephrine auto-injector;
130	130	(6) administering, or assisting in administering, an
131	131	epinephrine auto-injector;
132	132	(7) providing, or assisting in providing, training,
133	133	consultation, or advice in the development, adoption, or
134	134	implementation of policies, guidelines, rules, or plans; or
135	135	(8) undertaking any other act permitted or required
136	136	under this section.
137	137	(r) The immunities and protections provided by this section
138	138	are in addition to other immunities or limitations of liability
139	139	provided by law.
140	140	(s) Notwithstanding any other law, this section does not
141	141	create a civil, criminal, or administrative cause of action or
142	142	liability or create a standard of care, obligation, or duty that
143	143	provides a basis for a cause of action for an act or omission under
144	144	this section.
145	145	(t) A cause of action does not arise from an act or omission
146	146	described by this section.
147	147	(u) An entity and entity employees or volunteers are immune
148	148	from suit resulting from an act, or failure to act, under this
149	149	section, including an act or failure to act under related policies
150	150	and procedures.
151	151	(v) An act or failure to act by entity employees or
152	152	volunteers under this section, including an act or failure to act
153	153	under related policies and procedures, is the exercise of judgment
154	154	or discretion on the part of the entity employee or volunteer and is
155	155	not considered to be a ministerial act for purposes of liability of
156	156	the entity.
157	157	SECTION 3. This Act takes effect September 1, 2019.