Bill Text: TX SB1101 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the prescription of epinephrine auto-injectors to and administration of epinephrine auto-injectors in day-care centers; limiting liability.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2017-05-20 - Committee report sent to Calendars [SB1101 Detail]
Download: Texas-2017-SB1101-Comm_Sub.html
| By: Taylor of Collin, et al. | S.B. No. 1101 | |
| (Klick, Wilson) | ||
|
|
||
|
|
||
| relating to the prescription of epinephrine auto-injectors to and | ||
| administration of epinephrine auto-injectors in day-care centers; | ||
| limiting liability. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 42, Human Resources Code, | ||
| is amended by adding Section 42.066 to read as follows: | ||
| Sec. 42.066. EPINEPHRINE AUTO-INJECTORS. (a) In this | ||
| section: | ||
| (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 that is intended to be used to treat | ||
| anaphylaxis. | ||
| (3) "Physician" means a person who holds a license to | ||
| practice medicine in this state. | ||
| (b) 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 day-care | ||
| center. | ||
| (c) A physician or other person who prescribes epinephrine | ||
| auto-injectors under Subsection (b) shall provide the day-care | ||
| center with a standing order for the administration of an | ||
| epinephrine auto-injector to a person reasonably believed to be | ||
| experiencing anaphylaxis. | ||
| (d) A standing order under Subsection (c) is not required to | ||
| be patient-specific. An epinephrine auto-injector may be | ||
| administered under this section to a person without a previously | ||
| established physician-patient relationship. | ||
| (e) 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. | ||
| (f) 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 day-care center 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. | ||
| (g) A pharmacist may dispense an epinephrine auto-injector | ||
| to a day-care center without requiring the name of or any other | ||
| identifying information relating to the user. | ||
| (h) Each day-care center is responsible for training | ||
| personnel in the administration of an epinephrine auto-injector. | ||
| The training must: | ||
| (1) include information on: | ||
| (A) recognizing the signs and symptoms of | ||
| anaphylaxis; | ||
| (B) administering an epinephrine auto-injector; | ||
| (C) the different available dosages in | ||
| epinephrine auto-injectors, and the restrictions on the age or | ||
| weight of a person to whom each available dosage may be | ||
| administered; | ||
| (D) implementing emergency procedures, if | ||
| necessary, after administering an epinephrine auto-injector; and | ||
| (E) 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. | ||
| (i) Each day-care center shall maintain records on the | ||
| training required under this section. | ||
| (j) A person who in good faith takes, or fails to take, | ||
| action relating to the prescription of an epinephrine auto-injector | ||
| to a day-care center or the administration of an epinephrine | ||
| auto-injector in a day-care center 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. | ||
| (k) The immunities and protections provided by this section | ||
| are in addition to other immunities or limitations of liability | ||
| provided by law. | ||
| (l) 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. | ||
| (m) An act or omission described by this section does not | ||
| create a cause of action. | ||
| SECTION 2. 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. | ||
