1-1 AN ACT
1-2 relating to the administration of epinephrine by certain emergency
1-3 medical services personnel.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 773, Health and Safety Code,
1-6 is amended by adding Section 773.014 to read as follows:
1-7 Sec. 773.014. ADMINISTRATION OF EPINEPHRINE. (a) An
1-8 emergency medical services provider and a first responder
1-9 organization may acquire and possess epinephrine auto-injector
1-10 devices in accordance with this section. Emergency medical
1-11 services personnel certified as emergency medical technicians or at
1-12 a higher level of training may carry and administer epinephrine
1-13 auto-injector devices in accordance with this section.
1-14 (b) The department shall adopt rules designed to protect the
1-15 public health and safety to implement this section. The rules must
1-16 provide that emergency medical services personnel certified as
1-17 emergency medical technicians or at a higher level of training may
1-18 administer an epinephrine auto-injector device to another only if
1-19 the person has successfully completed a training course, approved
1-20 by the department, in the use of the device that is consistent with
1-21 the national standard training curriculum for emergency medical
1-22 technicians.
1-23 (c) An emergency medical services provider or first
1-24 responder organization may acquire, possess, maintain, and dispose
2-1 of epinephrine auto-injector devices, and emergency medical
2-2 services personnel certified as emergency medical technicians or at
2-3 a higher level of training may carry, maintain, administer, and
2-4 dispose of epinephrine auto-injector devices, only in accordance
2-5 with:
2-6 (1) rules adopted by the department under this
2-7 section; and
2-8 (2) a delegated practice agreement that provides for
2-9 medical supervision by a licensed physician who either:
2-10 (A) acts as a medical director for an emergency
2-11 medical services system or a licensed hospital; or
2-12 (B) has knowledge and experience in the delivery
2-13 of emergency care.
2-14 (d) Emergency medical services personnel who administer
2-15 epinephrine auto-injector devices to others shall immediately
2-16 report the use to the physician supervising the activities of the
2-17 emergency medical services personnel.
2-18 (e) The administration of an epinephrine auto-injector
2-19 device to another under this section is considered to be the
2-20 administration of emergency care for the purposes of any statute
2-21 relating to liability for the provision of emergency care. The
2-22 administration of an epinephrine auto-injector device to another in
2-23 accordance with the requirements of this section does not
2-24 constitute the unlawful practice of any health care profession.
2-25 (f) A person otherwise authorized to sell or provide an
2-26 epinephrine auto-injector device to another may sell or provide the
2-27 devices to an emergency medical services provider or a first
3-1 responder organization authorized to acquire and possess the
3-2 devices under this section.
3-3 (g) This section does not prevent emergency medical services
3-4 personnel who are also licensed health care professionals under
3-5 another health care licensing law and who are authorized to
3-6 acquire, possess, and administer an epinephrine auto-injector
3-7 device under the other health care licensing law from acting under
3-8 the other law.
3-9 (h) This section does not impose a standard of care not
3-10 otherwise required by law.
3-11 SECTION 2. (a) This Act takes effect January 1, 2002, except
3-12 that this Act takes effect September 1, 2001, for the limited
3-13 purpose of allowing the Texas Department of Health to adopt rules
3-14 under Section 773.014, Health and Safety Code, as added by this
3-15 Act, that may take effect before January 1, 2002.
3-16 (b) Before January 1, 2002, epinephrine auto-injector
3-17 devices may be carried and administered by certain emergency
3-18 medical services personnel to the extent allowed under the law that
3-19 exists before September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2648 was passed by the House on May
5, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2648 on May 25, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2648 was passed by the Senate, with
amendments, on May 23, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor