By Capelo H.B. No. 2648 77R7389 JRD-D A BILL TO BE ENTITLED 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 773.013 to read as follows: 1-7 Sec. 773.013. 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 require 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. 1-21 (c) An emergency medical services provider or first 1-22 responder organization may acquire, possess, maintain, and dispose 1-23 of epinephrine auto-injector devices, and emergency medical 1-24 services personnel certified as emergency medical technicians or at 2-1 a higher level of training may carry, maintain, administer, and 2-2 dispose of epinephrine auto-injector devices, only in accordance 2-3 with: 2-4 (1) rules adopted by the department under this 2-5 section; and 2-6 (2) a collaborative agreement entered into between: 2-7 (A) the emergency medical services provider or 2-8 first responder organization acquiring or possessing the devices or 2-9 with which the administering emergency medical services personnel 2-10 are affiliated; and 2-11 (B) either a licensed physician with knowledge 2-12 and experience in the delivery of emergency care or a licensed 2-13 hospital. 2-14 (d) An agreement described by Subsection (c)(2) must include 2-15 written practice protocols to protect the public health and safety 2-16 and policies and procedures that ensure compliance with this 2-17 section. The agreement must be filed with the department and any 2-18 applicable regional advisory council before emergency medical 2-19 services personnel may administer epinephrine auto-injector devices 2-20 to others under the agreement. 2-21 (e) Emergency medical services personnel who administer 2-22 epinephrine auto-injector devices to others shall immediately 2-23 report the use to the health care facility or health care 2-24 professional supervising the activities of the emergency medical 2-25 services personnel or to which the patient is being transported for 2-26 further emergency care. 2-27 (f) The administration of an epinephrine auto-injector 3-1 device to another under this section: 3-2 (1) is considered to be the administration of 3-3 emergency care for the purposes of any statute relating to 3-4 liability for the provision of emergency care; and 3-5 (2) does not constitute the unlawful practice of any 3-6 health care profession. 3-7 (g) A person otherwise authorized to sell or provide an 3-8 epinephrine auto-injector device to another may sell or provide the 3-9 devices to an emergency medical services provider or a first 3-10 responder organization authorized to acquire and possess the 3-11 devices under this section. 3-12 (h) This section does not prevent emergency medical services 3-13 personnel who are also licensed health care professionals under 3-14 another health care licensing law and who are authorized to 3-15 acquire, possess, and administer an epinephrine auto-injector 3-16 device under the other health care licensing law from acting under 3-17 the other law. 3-18 SECTION 2. (a) This Act takes effect January 1, 2002, except 3-19 that this Act takes effect September 1, 2001, for the limited 3-20 purpose of allowing the Texas Department of Health to adopt rules 3-21 under this Act that may take effect before January 1, 2002, and 3-22 allowing collaborative agreements described by Section 773.013, 3-23 Health and Safety Code, as added by this Act, to be adopted and 3-24 filed by that date. 3-25 (b) Before January 1, 2002, epinephrine auto-injector 3-26 devices may be carried and administered by certain emergency 3-27 medical services personnel to the extent allowed under the law that 4-1 exists before September 1, 2001.