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