Bill Text: TX SB1367 | 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: (Passed) 2017-05-27 - Effective on 9/1/17 [SB1367 Detail]

Download: Texas-2017-SB1367-Introduced.html
  85R11251 SRS-D
 
  By: Menéndez S.B. No. 1367
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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, [or] an open-enrollment charter school, or an institution
  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; [and]
               (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 [school] personnel and [school]
  volunteers at schools and institutions of higher education in the
  administration of an epinephrine auto-injector; and
               (3)  a plan for one or more [school] personnel members
  or [school] volunteers of a school or an institution of higher
  education trained in the administration of an epinephrine
  auto-injector to be on each [school] campus of a school or an
  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.
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