Amend HB 2648 by striking all below the enacting clause and
substituting the following:
      SECTION 1.  Subchapter A, Chapter 773, Health and Safety
Code, is amended by adding Section 773.014 to read as follows:
      Sec. 773.014.  ADMINISTRATION OF EPINEPHRINE. (a)  An
emergency medical services provider and a first responder
organization may acquire and possess epinephrine auto-injector
devices in accordance with this section.  Emergency medical
services personnel certified as emergency medical technicians or at
a higher level of training may carry and administer epinephrine
auto-injector devices in accordance with this section.
      (b)  The department shall adopt rules designed to protect the
public health and safety to implement this section.  The rules must
provide that emergency medical services personnel certified as
emergency medical technicians or at a higher level of training may
administer an epinephrine auto-injector device to another only if
the person has successfully completed a training course, approved
by the department, in the use of the device that is consistent with
the national standard training curriculum for emergency medical
technicians.
      (c)  An emergency medical services provider or first
responder organization may acquire, possess, maintain, and dispose
of epinephrine auto-injector devices, and emergency medical
services personnel certified as emergency medical technicians or at
a higher level of training may carry, maintain, administer, and
dispose of epinephrine auto-injector devices, only in accordance
with:
            (1)  rules adopted by the department under this
section; and
            (2)  a delegated practice agreement that provides for
medical supervision by a licensed physician who either:
                  (A)  acts as a medical director for an emergency
medical services system or a licensed hospital; or
                  (B)  has knowledge and experience in the delivery
of emergency care.
      (d)  Emergency medical services personnel who administer
epinephrine auto-injector devices to others shall immediately
report the use to the physician supervising the activities of the
emergency medical services personnel.
      (e)  The administration of an epinephrine auto-injector
device to another under this section is considered to be the
administration of emergency care for the purposes of any statute
relating to liability for the provision of emergency care. The
administration of an epinephrine auto-injector device to another in
accordance with the requirements of this section does not
constitute the unlawful practice of any health care profession.
      (f)  A person otherwise authorized to sell or provide an
epinephrine auto-injector device to another may sell or provide the
devices to an emergency medical services provider or a first
responder organization authorized to acquire and possess the
devices under this section.
      (g)  This section does not prevent emergency medical services
personnel who are also licensed health care professionals under
another health care licensing law and who are authorized to
acquire, possess, and administer an epinephrine auto-injector
device under the other health care licensing law from acting under
the other law.
      (h)  This section does not impose a standard of care not
otherwise required by law.
      SECTION 2.  (a)  This Act takes effect January 1, 2002,
except that this Act takes effect September 1, 2001, for the
limited purpose of allowing the Texas Department of Health to adopt
rules under Section 773.014, Health and Safety Code, as added by
this Act, that may take effect before January 1, 2002.
      (b)  Before January 1, 2002, epinephrine auto-injector
devices may be carried and administered by certain emergency
medical services personnel to the extent allowed under the law that
exists before September 1, 2001.