Bill Text: TX HB4260 | 2019-2020 | 86th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the possession and administration of an epinephrine auto-injector by certain entities.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB4260 Detail]

Download: Texas-2019-HB4260-Engrossed.html

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86R26553 EAS-D
By: Cortez H.B. No. 4260

A BILL TO BE ENTITLED
AN ACT
relating to the possession and administration of an epinephrine
auto-injector by certain entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 773.014, Health and
Safety Code, is amended to read as follows:
Sec. 773.014. ADMINISTRATION OF EPINEPHRINE BY EMERGENCY
MEDICAL SERVICES PERSONNEL.
SECTION 2. Subchapter A, Chapter 773, Health and Safety
Code, is amended by adding Section 773.0145 to read as follows:
Sec. 773.0145. POSSESSION AND ADMINISTRATION OF
EPINEPHRINE BY CERTAIN ENTITIES. (a) This section applies to:
(1) an amusement park, as defined by Section 46.035,
Penal Code;
(2) a child-care facility, as defined by Section
42.002, Human Resources Code;
(3) a day camp or youth camp, as defined by Section
141.002;
(4) an institution of higher education or private or
independent institution of higher education, as defined by Section
61.003, Education Code;
(5) a restaurant, as defined by Section 17.821,
Business & Commerce Code;
(6) a sports venue, as defined by Section 504.151,
Local Government Code;
(7) a youth center, as defined by Section 481.134; or
(8) subject to Subsection (b), any other entity that
the executive commissioner by rule designates as an entity that
would benefit from the possession and administration of epinephrine
auto-injectors.
(b) This section does not apply to a governmental entity.
(c) An entity described by Subsection (a) may adopt a policy
regarding the maintenance, administration, and disposal of
epinephrine auto-injectors.
(d) A policy adopted under Subsection (c) must provide that
only an entity employee or volunteer who is authorized and trained
may administer an epinephrine auto-injector to a person who is
reasonably believed to be experiencing anaphylaxis on the premises
of the entity.
(e) The executive commissioner shall adopt rules regarding
the maintenance, administration, and disposal of an epinephrine
auto-injector by an entity subject to a policy adopted under
Subsection (c). The rules must establish:
(1) the number of epinephrine auto-injectors and the
dosages of the auto-injectors available at each entity;
(2) the process for each entity to verify the
inventory of epinephrine auto-injectors at regular intervals for
expiration and replacement; and
(3) the amount of training required for an entity
employee or volunteer to administer an epinephrine auto-injector.
(f) Each entity that adopts a policy under Subsection (c)
must have at least one entity employee or volunteer authorized and
trained to administer an epinephrine auto-injector present during
all hours the entity is open to the public or to the population that
the entity serves, as applicable.
(g) The supply of epinephrine auto-injectors at each entity
must:
(1) be stored in accordance with the manufacturer's
instructions in a secure location; and
(2) be easily accessible to an entity employee or
volunteer authorized and trained to administer an epinephrine
auto-injector.
(h) Each entity that adopts a policy under Subsection (c) is
responsible for training the entity's employees and volunteers in
the administration of an epinephrine auto-injector.
(i) Employee and volunteer training under this section
must:
(1) include information on:
(A) the signs and symptoms of anaphylaxis;
(B) the recommended dosages for an adult and a
child;
(C) the administration of an epinephrine
auto-injector;
(D) the implementation of emergency procedures,
if necessary, after administering an epinephrine auto-injector;
and
(E) the proper disposal of used or expired
epinephrine auto-injectors; and
(2) be completed annually in a formal training session
or through online education.
(j) Each entity shall maintain records on the training
completed by each employee and volunteer under this section.
(k) A physician or person who has been delegated
prescriptive authority under Chapter 157, Occupations Code, may
prescribe epinephrine auto-injectors in the name of an entity.
(l) A physician or other person who prescribes epinephrine
auto-injectors under Subsection (k) shall provide the entity with a
standing order for the administration of an epinephrine
auto-injector to a person reasonably believed to be experiencing
anaphylaxis.
(m) The standing order under Subsection (l) is not required
to be patient-specific, and the epinephrine auto-injector may be
administered to a person without a previously established
physician-patient relationship.
(n) 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.
(o) For purposes of Subsection (n)(2), a person who has been
delegated prescriptive authority under Chapter 157, Occupations
Code, is not engaged in the unauthorized practice of telemedicine
or acting outside the person's scope of practice by consulting a
physician as provided by that subsection when prescribing an
epinephrine auto-injector in accordance with this section.
(p) An order issued under this section must contain:
(1) the name and signature of the prescriber;
(2) the name of the entity 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.
(q) A pharmacist may dispense an epinephrine auto-injector
to an entity without requiring the name or any other identifying
information relating to the user.
(r) A person who in good faith takes, or fails to take, any
action under this section 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 section.
(s) The immunities and protections provided by this section
are in addition to other immunities or limitations of liability
provided by law.
(t) Notwithstanding any other law, this section 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 section.
(u) A cause of action does not arise from an act or omission
described by this section.
(v) An entity and entity employees or volunteers are immune
from suit resulting from an act, or failure to act, under this
section, including an act or failure to act under related policies
and procedures.
(w) An act or failure to act by entity employees or
volunteers under this section, including an act or failure to act
under related policies and procedures, is the exercise of judgment
or discretion on the part of the entity employee or volunteer and is
not considered to be a ministerial act for purposes of liability of
the entity.
SECTION 3. This Act takes effect September 1, 2019.