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