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 EPINEPRINE. (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.