By: Menéndez, et al. S.B. No. 1367

(Howard, Cortez, Flynn, Klick, Sheffield)

A BILL TO BE ENTITLED

AN ACT

relating to policies and training regarding the use of epinephrine auto-injectors by public institutions of higher education; providing immunity.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

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

(a) The commissioner of state health services shall 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, [or] an open-enrollment charter school, or an institution of higher education.

(b) The advisory committee shall be composed of members appointed by the commissioner of state health services. In making appointments, the commissioner shall ensure that:

(1) a majority of the members are physicians with expertise in treating anaphylaxis, including physicians who specialize in the fields of pediatrics, allergies, asthma, and immunology; [and]

(2) at least one member is a registered nurse employed by a school district or open-enrollment charter school as a school nurse;

(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) In this section, "general academic teaching institution," "institution of higher education," "public junior college," and "public technical institute" have the meanings assigned by Section 61.003.

SECTION 2. Section 38.207, Education Code, is amended to read as follows:

Sec. 38.207. ADVISORY COMMITTEE: DUTIES. The advisory committee shall advise the commissioner of state health services on:

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

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

(3) a plan for:

(A) 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

(B) one or more personnel members or volunteers of an institution of higher education trained in the administration of an epinephrine auto-injector to be on each campus of an institution of higher education.

SECTION 3. Chapter 51, Education Code, is amended by adding Subchapter Y-1 to read as follows:

SUBCHAPTER Y-1. MAINTENANCE, STORAGE, ADMINISTRATION, AND

DISPOSAL OF EPINEPHRINE AUTO-INJECTORS

Sec. 51.881. DEFINITIONS. In this subchapter:

(1) "Advisory committee" means the committee established under Section 38.202.

(2) "Anaphylaxis" means a sudden, severe, and potentially life-threatening allergic reaction that occurs when a person is exposed to an allergen.

(3) "Campus" means an educational unit under the management and control of an institution of higher education and may include, in addition to the main campus, off-campus and secondary locations, such as branch campuses, teaching locations, and regional centers.

(4) "Epinephrine auto-injector" means a disposable medical drug delivery device that contains a premeasured single dose of epinephrine that is intended to be used to treat anaphylaxis.

(5) "Institution of higher education" has the meaning assigned by Section 61.003.

(6) "Personnel" means employees of an institution of higher education.

(7) "Physician" means a person who holds a license to practice medicine in this state.

Sec. 51.882. MAINTENANCE, STORAGE, ADMINISTRATION, AND DISPOSAL OF EPINEPHRINE AUTO-INJECTORS. (a) Each institution of higher education may adopt and implement a policy regarding the maintenance, storage, administration, and disposal of epinephrine auto-injectors on the institution's campus.

(b) If a policy is adopted under Subsection (a), the policy:

(1) must 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 institution's campus; and

(2) may 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 institution of higher education.

(c) The commissioner of state health services with advice from the advisory committee shall adopt rules regarding the maintenance, storage, administration, and disposal of an epinephrine auto-injector on the campus of an institution of higher education subject to a policy adopted under Subsection (a). The rules must establish:

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

(2) the process for each institution of higher education 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) Each institution of higher education that adopts a policy under Subsection (a) must require that the institution's campuses have personnel or volunteers authorized and trained to administer an epinephrine auto-injector present.

(e) The supply of epinephrine auto-injectors at a campus must 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) Not later than the 10th business day after the date a personnel member or volunteer administers an epinephrine auto-injector in accordance with a policy adopted under Section 51.882(a), the institution of higher education shall report the information required under Subsection (b) to:

(1) the physician who prescribed the epinephrine auto-injector; and

(2) the commissioner of state health services.

(b) The report required under this section must include the following information:

(1) the age of the person who received the administration of the epinephrine auto-injector;

(2) whether the person who received the administration of the epinephrine auto-injector was a student, a personnel member, or a visitor;

(3) the physical location where the epinephrine auto-injector was administered;

(4) the number of doses of epinephrine auto-injector administered;

(5) the title of the person who administered the epinephrine auto-injector; and

(6) any other information required by the commissioner of state health services.

Sec. 51.884. TRAINING. (a) Each institution of higher education 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) Training required under this section must:

(1) include information on:

(A) recognizing the signs and symptoms of anaphylaxis;

(B) administering an epinephrine auto-injector;

(C) implementing emergency procedures, if necessary, after administering an epinephrine auto-injector; and

(D) properly disposing of used or expired epinephrine auto-injectors; and

(2) be provided in a formal training session or through online education and be completed annually.

(c) Each institution of higher education that adopts a policy under Section 51.882(a) shall maintain records on the training required under this section.

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

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

(c) Notwithstanding any other provisions of law, supervision or delegation by a physician is considered adequate if the physician:

(1) periodically reviews the order; and

(2) is available through direct telecommunication as needed for consultation, assistance, and direction.

(d) An order issued under this section must contain:

(1) the name and signature of the prescribing physician;

(2) the name of the institution of higher education to which the order is issued;

(3) the quantity of epinephrine auto-injectors to be obtained and maintained under the order; and

(4) the date of issue.

(e) A pharmacist may dispense an epinephrine auto-injector to an institution of higher education without requiring the name or any other identifying information relating to the user.

Sec. 51.886. GIFTS, GRANTS, AND DONATIONS. An institution of higher education may accept gifts, grants, donations, and federal funds to implement this subchapter.

Sec. 51.887. RULES. Except as otherwise provided by this subchapter, the commissioner of state health services shall adopt rules necessary to implement this subchapter.

Sec. 51.888. IMMUNITY FROM LIABILITY. (a) 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:

(1) issuing an order for epinephrine auto-injectors;

(2) supervising or delegating the administration of an epinephrine auto-injector;

(3) possessing an epinephrine auto-injector;

(4) maintaining an epinephrine auto-injector;

(5) storing an epinephrine auto-injector;

(6) disposing of an epinephrine auto-injector;

(7) prescribing an epinephrine auto-injector;

(8) dispensing an epinephrine auto-injector;

(9) administering, or assisting in administering, an epinephrine auto-injector;

(10) providing, or assisting in providing, training, consultation, or advice in the development, adoption, or implementation of policies, guidelines, rules, or plans; or

(11) undertaking any other act permitted or required under this subchapter.

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

(c) 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) An institution of higher education or a campus of an institution of higher education 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) A cause of action does not arise from an act or omission described by this section.

SECTION 4. This Act applies beginning with the 2018 spring semester.

SECTION 5. This Act takes effect September 1, 2017.