|  | A BILL TO BE ENTITLED | 
|  | AN ACT | 
|  | relating to rules regarding anaphylaxis treatment provided by | 
|  | emergency medical services personnel. | 
|  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
|  | SECTION 1.  Section 773.014, Health and Safety Code, is | 
|  | amended by amending Subsections (a), (b), and (c), and adding | 
|  | Subsection (c-1) to read as follows: | 
|  | (a)  An emergency medical services provider and a first | 
|  | responder organization may acquire and possess epinephrine | 
|  | auto-injector devices in accordance with this section.  Emergency | 
|  | medical services personnel [ certified as emergency medical  | 
|  | technicians or at a higher level of training] may carry and | 
|  | administer epinephrine auto-injector devices in accordance with | 
|  | this section. | 
|  | (b)  The department shall adopt rules designed to protect the | 
|  | public health and safety to implement this section.  The rules must | 
|  | provide that emergency medical services personnel [ certified as  | 
|  | emergency medical technicians or at a higher level of training] may | 
|  | administer an epinephrine auto-injector device to another only if | 
|  | the person has successfully completed a training course, approved | 
|  | by the department, in the use of the device that is consistent with | 
|  | the national standard training curriculum for emergency medical | 
|  | technicians. | 
|  | (c)  An emergency medical services provider or first | 
|  | responder organization may acquire, possess, maintain, and dispose | 
|  | of epinephrine auto-injector devices, and emergency medical | 
|  | services personnel [ certified as emergency medical technicians or  | 
|  | at a higher level of training] may carry, maintain, administer, and | 
|  | dispose of epinephrine auto-injector devices, only in accordance | 
|  | with: | 
|  | (1)  rules adopted by the department under this | 
|  | section; and | 
|  | (2)  a delegated practice agreement that provides for | 
|  | medical supervision by a licensed physician who either: | 
|  | (A)  acts as a medical director for an emergency | 
|  | medical services system or a licensed hospital; or | 
|  | (B)  has knowledge and experience in the delivery | 
|  | of emergency care. | 
|  | (c-1)  A licensed physician acting as a medical director for | 
|  | an emergency medical services system may restrict the use and | 
|  | administration of epinephrine auto-injector devices to certain | 
|  | emergency medical services personnel of the system through: | 
|  | (1)  the delegated practice agreement; or | 
|  | (2)  the adoption of policies governing the use of the | 
|  | devices by personnel within the system. | 
|  | SECTION 2.  Section 773.050, Health and Safety Code, is | 
|  | amended by adding Subsection (g) to read as follows: | 
|  | (g)  Rules adopting minimum standards under this section | 
|  | shall require: | 
|  | (1)  an emergency medical services vehicle to be | 
|  | equipped with an epinephrine auto-injector device or similar device | 
|  | to treat anaphylaxis; and | 
|  | (2)  emergency medical services personnel to complete | 
|  | continuing education training in the administration of anaphylaxis | 
|  | treatment. | 
|  | SECTION 3.  This Act takes effect immediately if it receives | 
|  | a vote of two-thirds of all the members elected to each house, as | 
|  | provided by Section 39, Article III, Texas Constitution.  If this | 
|  | Act does not receive the vote necessary for immediate effect, this | 
|  | Act takes effect September 1, 2007. |