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A BILL TO BE ENTITLED
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AN ACT
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relating to certain emergency medical services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 773.003, Health and Safety Code, is |
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amended by adding Subdivision (18-a) to read as follows: |
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(18-a) "Patient" means a person who: |
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(A) has a perceived need for medical care or |
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transportation for a physiological or psychological illness or |
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injury; |
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(B) requires medical observation, monitoring, or |
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assessment; and |
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(C) is either awaiting treatment or already under |
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treatment for the related condition. |
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SECTION 2. Sections 773.014(a), (b), (c), (c-1), (d), (e), |
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(f), and (g), Health and Safety Code, are amended to read as |
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follows: |
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(a) An emergency medical services provider and a first |
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responder organization may acquire and possess epinephrine |
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[auto-injector devices] in accordance with this section. Emergency |
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medical services personnel may carry and administer epinephrine |
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[auto-injector devices] in accordance with this section. |
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(b) The executive commissioner shall adopt rules designed |
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to protect the public health and safety to implement this section. |
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The rules must provide that emergency medical services personnel |
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may administer [an] epinephrine [auto-injector device] to another |
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only if the person has successfully completed a training course, |
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approved by the department, in the methods of administering |
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epinephrine [use of the device] that is consistent with the |
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national standard training curriculum for emergency medical |
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technicians. |
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(c) An emergency medical services provider or first |
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responder organization may acquire, possess, maintain, and dispose |
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of epinephrine [auto-injector devices], and emergency medical |
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services personnel may carry, maintain, administer, and dispose of |
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epinephrine [auto-injector devices], only in accordance with: |
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(1) rules adopted under this section; and |
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(2) a delegated practice agreement that provides for |
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medical supervision by a licensed physician who either: |
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(A) acts as a medical director for an emergency |
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medical services system or a licensed hospital; or |
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(B) has knowledge and experience in the delivery |
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of emergency care. |
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(c-1) A licensed physician acting as a medical director for |
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an emergency medical services system may restrict the [use and] |
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administration of epinephrine [auto-injector devices] to certain |
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emergency medical services personnel of the system through: |
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(1) the delegated practice agreement; or |
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(2) the adoption of policies governing the |
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administration [use] of epinephrine [the devices] by personnel |
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within the system. |
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(d) Emergency medical services personnel who administer |
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epinephrine [auto-injector devices] to others shall [immediately] |
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report the administration of epinephrine [use] to the physician |
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supervising the activities of the emergency medical services |
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personnel in accordance with approved treatment protocols. |
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(e) The administration of [an] epinephrine [auto-injector
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device] to another under this section is considered to be the |
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administration of emergency care for the purposes of any statute |
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relating to liability for the provision of emergency care. The |
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administration of [an] epinephrine [auto-injector device] to |
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another in accordance with the requirements of this section does |
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not constitute the unlawful practice of any health care profession. |
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(f) A person otherwise authorized to sell or provide [an] |
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epinephrine [auto-injector device] to another may sell or provide |
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epinephrine [the devices] to an emergency medical services provider |
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or a first responder organization authorized to acquire and possess |
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epinephrine [the devices] under this section. |
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(g) This section does not prevent emergency medical |
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services personnel who are also licensed health care professionals |
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under another health care licensing law and who are authorized to |
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acquire, possess, and administer [an] epinephrine [auto-injector
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device] under the other health care licensing law from acting under |
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the other law. |
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SECTION 3. Section 773.050(g), Health and Safety Code, is |
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amended to read as follows: |
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(g) Rules adopting minimum standards under this section |
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shall require: |
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(1) an emergency medical services vehicle to carry a |
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supply of [be equipped with an] epinephrine for the treatment of |
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[auto-injector device or similar device to treat] anaphylaxis, when |
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authorized by the emergency medical services provider's |
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medical |
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director; and |
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(2) emergency medical services personnel to complete |
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continuing education training in the administration of epinephrine |
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as a treatment for anaphylaxis [treatment]. |
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SECTION 4. This Act takes effect September 1, 2017. |