1-1     By:  Capelo (Senate Sponsor - Madla)                  H.B. No. 2648
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on Health
 1-4     and Human Services; May 11, 2001, reported favorably by the
 1-5     following vote:  Yeas 7, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the administration of epinephrine by certain emergency
 1-9     medical services personnel.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Subchapter A, Chapter 773, Health and Safety Code,
1-12     is amended by adding Section 773.013 to read as follows:
1-13           Sec. 773.013.  ADMINISTRATION OF EPINEPHRINE. (a)  An
1-14     emergency medical services provider and a first responder
1-15     organization may acquire and possess epinephrine auto-injector
1-16     devices in accordance with this section.  Emergency medical
1-17     services personnel certified as emergency medical technicians or at
1-18     a higher level of training may carry and administer epinephrine
1-19     auto-injector devices in accordance with this section.
1-20           (b)  The department shall adopt rules designed to protect the
1-21     public health and safety to implement this section.  The rules must
1-22     require that emergency medical services personnel certified as
1-23     emergency medical technicians or at a higher level of training may
1-24     administer an epinephrine auto-injector device to another only if
1-25     the person has successfully completed a training course, approved
1-26     by the department, in the use of the device.
1-27           (c)  An emergency medical services provider or first
1-28     responder organization may acquire, possess, maintain, and dispose
1-29     of epinephrine auto-injector devices, and emergency medical
1-30     services personnel certified as emergency medical technicians or at
1-31     a higher level of training may carry, maintain, administer, and
1-32     dispose of epinephrine auto-injector devices, only in accordance
1-33     with:
1-34                 (1)  rules adopted by the department under this
1-35     section; and
1-36                 (2)  a collaborative agreement entered into between:
1-37                       (A)  the emergency medical services provider or
1-38     first responder organization acquiring or possessing the devices or
1-39     with which the administering emergency medical services personnel
1-40     are affiliated; and
1-41                       (B)  either a licensed physician with knowledge
1-42     and experience in the delivery of emergency care or a licensed
1-43     hospital.
1-44           (d)  An agreement described by Subsection (c)(2) must include
1-45     written practice protocols to protect the public health and safety
1-46     and policies and procedures that ensure compliance with this
1-47     section.  The agreement must be filed with the department and any
1-48     applicable regional advisory council before emergency medical
1-49     services personnel may administer epinephrine auto-injector devices
1-50     to others under the agreement.
1-51           (e)  Emergency medical services personnel who administer
1-52     epinephrine auto-injector devices to others shall immediately
1-53     report the use to the health care facility or health care
1-54     professional supervising the activities of the emergency medical
1-55     services personnel or to which the patient is being transported for
1-56     further emergency care.
1-57           (f)  The administration of an epinephrine auto-injector
1-58     device to another under this section:
1-59                 (1)  is considered to be the administration of
1-60     emergency care for the purposes of any statute relating to
1-61     liability for the provision of emergency care; and
1-62                 (2)  does not constitute the unlawful practice of any
1-63     health care profession.
1-64           (g)  A person otherwise authorized to sell or provide an
 2-1     epinephrine auto-injector device to another may sell or provide the
 2-2     devices to an emergency medical services provider or a first
 2-3     responder organization authorized to acquire and possess the
 2-4     devices under this section.
 2-5           (h)  This section does not prevent emergency medical services
 2-6     personnel who are also licensed health care professionals under
 2-7     another health care licensing law and who are authorized to
 2-8     acquire, possess, and administer an epinephrine auto-injector
 2-9     device under the other health care licensing law from acting under
2-10     the other law.
2-11           SECTION 2. (a)  This Act takes effect January 1, 2002, except
2-12     that this Act takes effect September 1, 2001, for the limited
2-13     purpose of allowing the Texas Department of Health to adopt rules
2-14     under this Act that may take effect before January 1, 2002, and
2-15     allowing collaborative agreements described by Section 773.013,
2-16     Health and Safety Code, as added by this Act, to be adopted and
2-17     filed by that date.
2-18           (b)  Before January 1, 2002, epinephrine auto-injector
2-19     devices may be carried and administered by certain emergency
2-20     medical services personnel to the extent allowed under the law that
2-21     exists before September 1, 2001.
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