Bill Text: TX HB3851 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to policies and training regarding the use of epinephrine auto-injectors by public institutions of higher education; providing immunity.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-05-08 - Placed on General State Calendar [HB3851 Detail]
Download: Texas-2017-HB3851-Introduced.html
Bill Title: Relating to policies and training regarding the use of epinephrine auto-injectors by public institutions of higher education; providing immunity.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-05-08 - Placed on General State Calendar [HB3851 Detail]
Download: Texas-2017-HB3851-Introduced.html
85R11251 SRS-D | ||
By: Howard | H.B. No. 3851 |
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relating to policies and training regarding the use of epinephrine | ||
auto-injectors by public institutions of higher education; | ||
providing immunity. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 38.202, Education Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsection (e) to read | ||
as follows: | ||
(a) The commissioner of state health services shall | ||
establish an advisory committee to examine and review the | ||
administration of epinephrine auto-injectors to a person | ||
experiencing an anaphylactic reaction on a campus of a school | ||
district, [ |
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of higher education. | ||
(b) The advisory committee shall be composed of members | ||
appointed by the commissioner of state health services. In making | ||
appointments, the commissioner shall ensure that: | ||
(1) a majority of the members are physicians with | ||
expertise in treating anaphylaxis, including physicians who | ||
specialize in the fields of pediatrics, allergies, asthma, and | ||
immunology; [ |
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(2) at least one member is a registered nurse employed | ||
by a school district or open-enrollment charter school as a school | ||
nurse; and | ||
(3) at least one member is an employee of an | ||
institution of higher education. | ||
(e) In this section, "institution of higher education" has | ||
the meaning assigned by Section 61.003. | ||
SECTION 2. Section 38.207, Education Code, is amended to | ||
read as follows: | ||
Sec. 38.207. ADVISORY COMMITTEE: DUTIES. The advisory | ||
committee shall advise the commissioner of state health services | ||
on: | ||
(1) the storage and maintenance of epinephrine | ||
auto-injectors on school campuses and campuses of institutions of | ||
higher education; | ||
(2) the training of [ |
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volunteers at schools and institutions of higher education in the | ||
administration of an epinephrine auto-injector; and | ||
(3) a plan for one or more [ |
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or [ |
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education trained in the administration of an epinephrine | ||
auto-injector to be on each [ |
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institution of higher education. | ||
SECTION 3. Chapter 51, Education Code, is amended by adding | ||
Subchapter Y-1 to read as follows: | ||
SUBCHAPTER Y-1. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE | ||
AUTO-INJECTORS | ||
Sec. 51.881. DEFINITIONS. In this subchapter: | ||
(1) "Advisory committee" means the committee | ||
established under Section 38.202. | ||
(2) "Anaphylaxis" means a sudden, severe, and | ||
potentially life-threatening allergic reaction that occurs when a | ||
person is exposed to an allergen. | ||
(3) "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. | ||
(4) "Institution of higher education" has the meaning | ||
assigned by Section 61.003. | ||
(5) "Personnel" means employees of an institution of | ||
higher education. | ||
(6) "Physician" means a person who holds a license to | ||
practice medicine in this state. | ||
Sec. 51.882. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE | ||
AUTO-INJECTORS. (a) Each institution of higher education may | ||
adopt and implement a policy regarding the maintenance, | ||
administration, and disposal of epinephrine auto-injectors on the | ||
institution's campus. | ||
(b) If a policy is adopted under Subsection (a), the policy: | ||
(1) must provide that personnel who are authorized and | ||
trained may administer an epinephrine auto-injector to a person who | ||
is reasonably believed to be experiencing anaphylaxis on the | ||
institution's campus; and | ||
(2) may provide that personnel who are authorized and | ||
trained may administer an epinephrine auto-injector to a person who | ||
is reasonably believed to be experiencing anaphylaxis at an | ||
off-campus event sponsored by the institution of higher education. | ||
(c) The commissioner of state health services, in | ||
consultation with the Texas Higher Education Coordinating Board, | ||
and with advice from the advisory committee, shall adopt rules | ||
regarding the administration of an epinephrine auto-injector on the | ||
campus of an institution of higher education subject to a policy | ||
adopted under Subsection (a). The rules must establish: | ||
(1) the number of epinephrine auto-injectors | ||
available at each campus; | ||
(2) the process for each institution of higher | ||
education to check the inventory of epinephrine auto-injectors at | ||
regular intervals for expiration and replacement; and | ||
(3) the amount of training required for personnel to | ||
administer an epinephrine auto-injector. | ||
(d) Each institution of higher education that adopts a | ||
policy under Subsection (a) must require that the institution's | ||
campuses have personnel authorized and trained to administer an | ||
epinephrine auto-injector present. | ||
(e) The supply of epinephrine auto-injectors at a campus | ||
must be stored in a secure location and be easily accessible to | ||
personnel authorized and trained to administer an epinephrine | ||
auto-injector. | ||
Sec. 51.883. REPORT ON ADMINISTERING EPINEPHRINE | ||
AUTO-INJECTOR. (a) Not later than the 10th business day after the | ||
date a personnel member administers an epinephrine auto-injector in | ||
accordance with a policy adopted under Section 51.882(a), the | ||
institution of higher education shall report the information | ||
required under Subsection (b) to: | ||
(1) the Texas Higher Education Coordinating Board; | ||
(2) the physician who prescribed the epinephrine | ||
auto-injector; and | ||
(3) the commissioner of state health services. | ||
(b) The report required under this section must include the | ||
following information: | ||
(1) the age of the person who received the | ||
administration of the epinephrine auto-injector; | ||
(2) whether the person who received the administration | ||
of the epinephrine auto-injector was a student, a personnel member, | ||
or a visitor; | ||
(3) the physical location where the epinephrine | ||
auto-injector was administered; | ||
(4) the number of doses of epinephrine auto-injector | ||
administered; | ||
(5) the title of the person who administered the | ||
epinephrine auto-injector; and | ||
(6) any other information required by the Texas Higher | ||
Education Coordinating Board. | ||
Sec. 51.884. TRAINING. (a) Each institution of higher | ||
education that adopts a policy under Section 51.882(a) is | ||
responsible for training personnel in the administration of an | ||
epinephrine auto-injector. | ||
(b) Training required under this section must: | ||
(1) include information on: | ||
(A) recognizing the signs and symptoms of | ||
anaphylaxis; | ||
(B) administering an epinephrine auto-injector; | ||
(C) implementing emergency procedures, if | ||
necessary, after administering an epinephrine auto-injector; and | ||
(D) properly disposing of used or expired | ||
epinephrine auto-injectors; and | ||
(2) be provided in a formal training session or | ||
through online education and be completed annually. | ||
(c) Each institution of higher education that adopts a | ||
policy under Section 51.882(a) shall maintain records on the | ||
training required under this section. | ||
Sec. 51.885. PRESCRIPTION OF EPINEPHRINE AUTO-INJECTORS. | ||
(a) A physician may prescribe epinephrine auto-injectors in the | ||
name of an institution of higher education that adopts a policy | ||
under Section 51.882(a). The physician shall provide the | ||
institution with a standing order for the administration of an | ||
epinephrine auto-injector to a person reasonably believed to be | ||
experiencing anaphylaxis. | ||
(b) The standing order under Subsection (a) is not required | ||
to be patient-specific, and the epinephrine auto-injector may be | ||
administered to a person without an established physician-patient | ||
relationship. | ||
(c) Notwithstanding any other provisions of 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. | ||
(d) An order issued under this section must contain: | ||
(1) the name and signature of the prescribing | ||
physician; | ||
(2) the name of the institution of higher education 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 of issue. | ||
(e) A pharmacist may dispense an epinephrine auto-injector | ||
to an institution of higher education without requiring the name or | ||
any other identifying information relating to the user. | ||
Sec. 51.886. GIFTS, GRANTS, AND DONATIONS. An institution | ||
of higher education may accept gifts, grants, donations, and | ||
federal funds to implement this subchapter. | ||
Sec. 51.887. RULES. Except as otherwise provided by this | ||
subchapter, the Texas Higher Education Coordinating Board and the | ||
commissioner of state health services shall jointly adopt rules | ||
necessary to implement this subchapter. | ||
Sec. 51.888. IMMUNITY FROM LIABILITY. (a) Except in a case | ||
of reckless conduct or intentional, wilful, or wanton misconduct, a | ||
person is immune from civil or criminal liability or disciplinary | ||
action for any conduct permitted or required under this subchapter, | ||
including: | ||
(1) issuing an order for epinephrine auto-injectors; | ||
(2) supervising or delegating the administration of an | ||
epinephrine auto-injector; | ||
(3) possessing 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 immunity provided by Subsection (a) is in addition | ||
to other immunity or limitations of liability provided by law. | ||
(c) Notwithstanding any other law, this subchapter does not | ||
create a cause of action or liability against personnel for the use | ||
of an epinephrine auto-injector as provided by this subchapter. | ||
SECTION 4. This Act applies beginning with the 2017 fall | ||
semester. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |