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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of epinephrine by pharmacists. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 562, Occupations Code, is |
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amended by adding Section 562.057 to read as follows: |
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Sec. 562.057. ADMINISTRATION OF EPINEPHRINE. (a) A |
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pharmacist may administer epinephrine through an auto-injector |
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device in accordance with this section. |
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(b) The board shall adopt rules designed to protect the |
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public health and safety to implement this section. The rules must |
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provide that a pharmacist may administer epinephrine through an |
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auto-injector device to a patient in an emergency situation. |
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(c) A pharmacist may carry, maintain, administer, and |
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dispose of epinephrine auto-injector devices only in accordance |
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with rules adopted by the board under this section. |
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(d) A pharmacist who administers epinephrine through an |
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auto-injector device to a patient shall report the use to the |
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patient's primary care physician, as identified by the patient, if |
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the patient has a primary care physician. |
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(e) The administration of epinephrine through an |
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auto-injector device to a patient under this section is considered |
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to be the administration of emergency care for the purposes of any |
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statute relating to liability for the provision of emergency care. |
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The administration of epinephrine through an auto-injector device |
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to a patient in accordance with the requirements of this section |
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does not constitute the unlawful practice of any health care |
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profession. |
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(f) This section does not impose a standard of care not |
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otherwise required by law. |
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SECTION 2. Before January 1, 2016, pharmacists may |
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administer epinephrine through an auto-injector device to the |
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extent allowed under the law that exists before September 1, 2015. |
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SECTION 3. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect September 1, 2015. |
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(b) Section 562.057, Occupations Code, as added by this Act, |
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takes effect January 1, 2016, except that Section 562.057 takes |
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effect September 1, 2015, for the limited purpose of allowing the |
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Texas State Board of Pharmacy to adopt rules under that law that may |
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take effect before January 1, 2016. |