BILL ANALYSIS

 

 

Senate Research Center	S.B. 1367
	By: Men�ndez
	Higher Education
	6/22/2017
	Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Anaphylactic shock can cause life-threatening symptoms due to food or other types of allergic reactions. Because of these life-threatening symptoms, it is vital to react quickly and correctly to any episode of anaphylactic shock. The quickest and most efficient way to treat anaphylactic shock is epinephrine auto-injectors. In the 84th session, the legislature authorized school districts and charter schools to adopt and implement policies regarding the use of auto-injectors to treat individuals suffering from anaphylactic shock.

 

S.B. 1367 gives institutions of higher education the same authority by allowing universities and community colleges to develop and implement policies to administer epinephrine auto-injectors on campus or at campus-related events. University officials would have epinephrine auto-injectors prescribed to the school and would be allowed to store and manage the injectors in order to treat individuals suffering from anaphylactic shock. Universities that implement these policies would be required to have training for personnel and volunteers to learn how to correctly administer the auto-injectors.

 

The purpose of this Act is to ensure individuals enrolled in higher education institutions and participating at affiliated events are able to get the treatment they may need in case of anaphylactic shock. S.B. 1367 also grants institutions immunity from civil or criminal liability for the use of epinephrine auto-injectors by university personnel. (Original Author's / Sponsor's Statement of Intent)

 

S.B. 1367 amends current law relating to policies and training regarding the use of epinephrine auto-injectors by public institutions of higher education and provides immunity.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the commissioner of state health services in SECTION 3 (Sections 51.882 and 51.887, Education Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 38.202, Education Code, by amending Subsections (a) and (b) and adding Subsection (e), as follows:

 

(a) Requires the commissioner of state health services (commissioner) to establish an advisory committee to examine and review the administration of epinephrine auto-injectors to a person experiencing an anaphylactic reaction on a campus of a school district, an open-enrollment charter school, or an institution of higher education (IHE).

 

(b) Requires the commissioner, in making appointments to the advisory committee, to ensure that:

 

(1) and (2) makes no changes to these subdivisions;

 

(3) at least one member is an employee of a general academic teaching institution; and

 

(4) at least one member is an employee of a public junior college or a public technical institute.

 

(e) Defines "general academic teaching institution," "institution of higher education," "public junior college," and "public technical institute."

 

SECTION 2. Amends Section 38.207, Education Code, as follows:

 

Sec. 38.207. ADVISORY COMMITTEE: DUTIES. Requires the advisory committee to advise the commissioner on:

 

(1) the storage and maintenance of epinephrine auto-injectors on school campuses and campuses of IHEs;

 

(2) the training of school personnel and school volunteers, and of personnel and volunteers at IHEs, in the administration of an epinephrine auto-injector; and

 

(3) a plan for one or more school personnel members or school volunteers trained in the administration of an epinephrine auto-injector to be on each school campus, and one or more personnel members or volunteers of an IHE trained in the administration of an epinephrine auto-injector to be on each campus of an IHE.

 

SECTION 3. Amends Chapter 51, Education Code, by adding Subchapter Y-1, as follows:

 

SUBCHAPTER Y-1. MAINTENANCE, STORAGE, ADMINISTRATION, AND DISPOSAL OF EPINEPHRINE AUTO-INJECTORS

 

Sec. 51.881. DEFINITIONS. Defines "advisory committee," "anaphylaxis," "campus," "epinephrine auto-injector," "institution of higher education," "personnel," and "physician."

 

Sec. 51.882. MAINTENANCE, STORAGE, ADMINISTRATION, AND DISPOSAL OF EPINEPHRINE AUTO-INJECTORS. (a) Authorizes each IHE to adopt and implement a policy regarding the maintenance, storage, administration, and disposal of epinephrine auto-injectors on the IHE's campus.

 

(b) Requires that a policy, if a policy is adopted under Subsection (a), provide that personnel or volunteers who are authorized and trained may administer an epinephrine auto-injector to a person who is reasonably believed to be experiencing anaphylaxis on the IHE's campus, and authorizes the policy to provide that personnel or volunteers who are authorized and trained may administer an epinephrine auto-injector to a person who is reasonably believed to be experiencing anaphylaxis at an off-campus event or while in transit to or from an off-campus event sponsored by the IHE.

 

(c) Requires the commissioner with advice from the advisory committee to adopt rules regarding the maintenance, storage, administration, and disposal of an epinephrine auto-injector on the campus of an IHE subject to a policy adopted under Subsection (a). Requires that the rules establish:

 

(1) the number of epinephrine auto-injectors available at each campus;

 

(2) the process for each IHE to check the inventory of epinephrine auto-injectors at regular intervals for expiration and replacement; and

 

(3) the amount of training required for personnel or volunteers to administer an epinephrine auto-injector.�

 

(d) Requires each IHE that adopts a policy under Subsection (a) to require that the IHE's campuses have personnel or volunteers authorized and trained to administer an epinephrine auto-injector present.

 

(e) Requires that the supply of epinephrine auto-injectors at a campus be stored in a secure location and be easily accessible to personnel or volunteers authorized and trained to administer an epinephrine auto-injector.

 

Sec. 51.883. REPORT ON ADMINISTERING EPINEPHRINE AUTO-INJECTOR. (a) Requires the IHE, not later than a certain date, to report the information required under Subsection (b) to the physician who prescribed the epinephrine auto-injector and the commissioner.

 

(b) Requires that the report include certain information.

 

Sec. 51.884. TRAINING. (a) Provides that each IHE that adopts a policy under Section 51.882(a) is responsible for training personnel or volunteers in the administration of an epinephrine auto-injector.

 

(b) Requires that required training include certain information relating to anaphylaxis and epinephrine auto-injectors and be provided in a formal training session or through online education and be completed annually.

 

(c) Requires each IHE that adopts a policy under Section 51.882(a) to maintain records on the required training.

 

Sec. 51.885. PRESCRIPTION OF EPINEPHRINE AUTO-INJECTORS. (a) Authorizes a physician to prescribe epinephrine auto-injectors in the name of an IHE that adopts a policy under Section 51.882(a). Requires the physician to provide the IHE with a standing order for the administration of an epinephrine auto-injector to a person reasonably believed to be experiencing anaphylaxis.

 

(b) Provides that the standing order under Subsection (a) is not required to be patient-specific, and authorizes the epinephrine auto-injector to be administered to a person without an established physician-patient relationship.

 

(c) Provides that, notwithstanding any other provisions of law, supervision or delegation by a physician is considered adequate if the physician periodically reviews the order and is available through direct telecommunication as needed for consultation, assistance, and direction.

 

(d) Requires that an order issued under this section contain certain information.

 

(e) Authorizes a pharmacist to dispense an epinephrine auto-injector to an IHE without requiring the name or any other identifying information relating to the user.

 

Sec. 51.886. GIFTS, GRANTS, AND DONATIONS. Authorizes an IHE to accept gifts, grants, donations, and federal funds to implement this subchapter.

 

Sec. 51.887. RULES. Requires the commissioner, except as otherwise provided by this subchapter, to adopt rules necessary to implement this subchapter.

 

Sec. 51.888. IMMUNITY FROM LIABILITY. (a) Provides that a person who in good faith takes, or fails to take, any action under this subchapter is immune from civil or criminal liability or disciplinary action resulting from that act or failure to act, including issuing certain orders relating to an epinephrine auto-injector; taking certain actions relating to an epinephrine auto-injector; providing, or assisting in providing, training, consultation, or advice in the development, adoption, or implementation of policies, guidelines, rules, or plans; or undertaking any other permitted or required act.

 

(b) Provides that the immunity provided by Subsection (a) is in addition to other immunity or limitations of liability provided by law.

 

(c) Provides that, notwithstanding any other law, this subchapter does not create a civil, criminal, or administrative cause of action or liability or create a standard of care, obligation, or duty that provides the basis for a cause of action for an act or omission under this subchapter.

 

(d) Provides that an IHE or a campus of an IHE is immune from suit resulting from an act, or failure to act, under this subchapter, including an act or failure to act under related policies and procedures.

 

(e) Provides that a cause of action does not arise from an act or omission described by this section.

 

SECTION 4. Provides that this Act applies beginning with the 2018 spring semester.

 

SECTION 5. Effective date: September 1, 2017.