Bill Text: TX SB1735 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the possession and administration of epinephrine auto-injectors in day-care centers; limiting liability.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-14 - Referred to Health & Human Services [SB1735 Detail]
Download: Texas-2019-SB1735-Introduced.html
86R7749 MCK-D | ||
By: Menéndez | S.B. No. 1735 |
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relating to the possession 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 42.067 to read as follows: | ||
Sec. 42.067. EPINEPHRINE AUTO-INJECTORS; IMMUNITY FROM | ||
LIABILITY. (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 intended for use 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) the signs and symptoms of anaphylaxis; | ||
(B) the administration of an epinephrine | ||
auto-injector; | ||
(C) the recommended dosages for adults and | ||
children by age and weight, if applicable, and the dosages | ||
available at the center; | ||
(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. | ||
(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, 2019. |