Bill Text: TX SB1367 | 2017-2018 | 85th Legislature | Comm Sub

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-Comm_Sub.html
 
 
  By: Menéndez, et al. S.B. No. 1367
 
  (Howard, Cortez, Flynn, Klick, Sheffield)
 
   
 
 
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;
               (3)  at least one member is an employee of a general
  academic teaching institution; and
               (4)  at least one member is an employee of a public
  junior college or a public technical institute.
         (e)  In this section, "general academic teaching
  institution," "institution of higher education," "public junior
  college," and "public technical institute" have the meanings
  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, and of personnel and volunteers at institutions of
  higher education, in the administration of an epinephrine
  auto-injector; and
               (3)  a plan for:
                     (A)  one or more school personnel members or
  school volunteers trained in the administration of an epinephrine
  auto-injector to be on each school campus; and
                     (B)  one or more personnel members or volunteers
  of an institution of higher education trained in the administration
  of an epinephrine auto-injector to be on each campus of 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, STORAGE, ADMINISTRATION, AND
  DISPOSAL 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)  "Campus" means an educational unit under the
  management and control of an institution of higher education and
  may include, in addition to the main campus, off-campus and
  secondary locations, such as branch campuses, teaching locations,
  and regional centers.
               (4)  "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.
               (5)  "Institution of higher education" has the meaning
  assigned by Section 61.003.
               (6)  "Personnel" means employees of an institution of
  higher education.
               (7)  "Physician" means a person who holds a license to
  practice medicine in this state.
         Sec. 51.882.  MAINTENANCE, STORAGE, ADMINISTRATION, AND
  DISPOSAL OF EPINEPHRINE AUTO-INJECTORS.  (a)  Each institution of
  higher education may adopt and implement a policy regarding the
  maintenance, storage, 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 or volunteers 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 or volunteers 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 or while in transit to or from an
  off-campus event sponsored by the institution of higher education.
         (c)  The commissioner of state health services with advice
  from the advisory committee shall adopt rules regarding the
  maintenance, storage, administration, and disposal 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 or
  volunteers 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 or volunteers 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 or volunteers 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 or volunteer 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 physician who prescribed the epinephrine
  auto-injector; and
               (2)  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 commissioner
  of state health services.
         Sec. 51.884.  TRAINING. (a)  Each institution of higher
  education that adopts a policy under Section 51.882(a) is
  responsible for training personnel or volunteers 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 commissioner of state health services shall adopt
  rules necessary to implement this subchapter.
         Sec. 51.888.  IMMUNITY FROM LIABILITY. (a)  A person who in
  good faith takes, or fails to take, any action under this subchapter
  is immune from civil or criminal liability or disciplinary action
  resulting from that act 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 an epinephrine auto-injector;
               (4)  maintaining an epinephrine auto-injector;
               (5)  storing an epinephrine auto-injector;
               (6)  disposing of an epinephrine auto-injector;
               (7)  prescribing an epinephrine auto-injector;
               (8)  dispensing an epinephrine auto-injector;
               (9)  administering, or assisting in administering, an
  epinephrine auto-injector;
               (10)  providing, or assisting in providing, training,
  consultation, or advice in the development, adoption, or
  implementation of policies, guidelines, rules, or plans; or
               (11)  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 civil, criminal, or administrative cause of action or
  liability or create a standard of care, obligation, or duty that
  provides the basis for a cause of action for an act or omission
  under this subchapter.
         (d)  An institution of higher education or a campus of an
  institution of higher education is immune from suit resulting from
  an act, or failure to act, under this subchapter, including an act
  or failure to act under related policies and procedures.
         (e)  A cause of action does not arise from an act or omission
  described by this section.
         SECTION 4.  This Act applies beginning with the 2018 spring
  semester.
         SECTION 5.  This Act takes effect September 1, 2017.
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