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. 2-22 * * * * *