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A BILL TO BE ENTITLED
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AN ACT
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relating to the possession and emergency administration of an |
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epinephrine auto-injector by law enforcement agencies and peace |
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officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 1701, Occupations Code, is amended by |
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adding Subchapter O to read as follows: |
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SUBCHAPTER O. EMERGENCY ADMINISTRATION OF EPINEPHRINE |
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Sec. 1701.701. DEFINITIONS. In this subchapter: |
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(1) "Anaphylaxis" means a sudden, severe, and |
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potentially life-threatening allergic reaction that occurs when a |
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person is exposed to an allergen. |
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(2) "Epinephrine auto-injector" means a disposable |
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medical drug delivery device that contains a premeasured single |
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dose of epinephrine intended for use to treat anaphylaxis. |
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(3) "Physician" means a person who holds a license to |
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practice medicine in this state. |
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Sec. 1701.702. ADMINISTRATION OF EPINEPHRINE. (a) A law |
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enforcement agency may acquire and possess epinephrine |
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auto-injectors and a peace officer may possess and administer an |
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epinephrine auto-injector in accordance with this subchapter. |
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(b) The commission, in consultation with the Department of |
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State Health Services, shall approve a training course on the |
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administration of an epinephrine auto-injector. |
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Sec. 1701.703. PRESCRIPTION OF EPINEPHRINE. (a) A |
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physician, or a person who has been delegated prescriptive |
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authority under Chapter 157, Occupations Code, may prescribe |
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epinephrine auto-injectors in the name of a law enforcement agency. |
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(b) A physician or other person who prescribes epinephrine |
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auto-injectors under Subsection (a) shall provide the law |
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enforcement agency with a standing order for the administration of |
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an epinephrine auto-injector to a person reasonably believed to be |
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experiencing anaphylaxis. |
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(c) A standing order under Subsection (b) is not required to |
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be patient-specific. An epinephrine auto-injector may be |
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administered under this subchapter to a person without a previously |
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established physician-patient relationship. |
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(d) Notwithstanding any other law, supervision or |
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delegation by a physician is considered adequate if the physician: |
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(1) periodically reviews the order; and |
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(2) is available through direct telecommunication as |
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needed for consultation, assistance, and direction. |
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(e) An order issued under this section must contain: |
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(1) the name and signature of the prescribing |
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physician or other person; |
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(2) the name of the law enforcement agency to which the |
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order is issued; |
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(3) the quantity of epinephrine auto-injectors to be |
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obtained and maintained under the order; and |
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(4) the date the order was issued. |
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(f) A pharmacist may dispense an epinephrine auto-injector |
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to a law enforcement agency without requiring the name of or any |
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other identifying information relating to the user. |
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Sec. 1701.704. REPORT ON ADMINISTERING EPINEPHRINE |
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AUTO-INJECTOR. The commission, in consultation with the Department |
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of State Health Services, shall develop reporting requirements |
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concerning a peace officer's administration of an epinephrine |
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auto-injector to a person under this subchapter. |
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Sec. 1701.705. NOT PRACTICE OF HEALTH CARE. The |
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administration by a peace officer of an epinephrine auto-injector |
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to a person in accordance with the requirements of this subchapter |
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or commission rules does not constitute the unlawful practice of |
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any health care profession. |
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Sec. 1701.706. IMMUNITY FROM LIABILITY. (a) A person who |
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in good faith takes, or fails to take, action relating to the |
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prescription of an epinephrine auto-injector to a law enforcement |
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agency or the administration of an epinephrine auto-injector by a |
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peace officer is immune from civil or criminal liability or |
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disciplinary action resulting from that action or failure to act, |
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including: |
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(1) issuing an order for epinephrine auto-injectors; |
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(2) supervising or delegating the administration of an |
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epinephrine auto-injector; |
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(3) possessing, maintaining, storing, or disposing of |
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an epinephrine auto-injector; |
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(4) prescribing an epinephrine auto-injector; |
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(5) dispensing an epinephrine auto-injector; |
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(6) administering, or assisting in administering, an |
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epinephrine auto-injector; |
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(7) providing, or assisting in providing, training, |
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consultation, or advice in the development, adoption, or |
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implementation of policies, guidelines, rules, or plans; or |
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(8) undertaking any other act permitted or required |
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under this subchapter. |
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(b) The immunities and protections provided by this |
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subchapter are in addition to other immunities or limitations of |
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liability provided by law. |
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(c) Notwithstanding any other law, this subchapter does not |
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create a civil, criminal, or administrative cause of action or |
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liability or create a standard of care, obligation, or duty that |
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provides a basis for a cause of action for an act or omission under |
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this subchapter. |
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(d) An act or omission described by this subchapter does not |
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create a cause of action. |
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Sec. 1701.707. GOVERNMENTAL IMMUNITY NOT WAIVED. This |
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subchapter does not waive governmental immunity from suit or |
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liability. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Texas Commission on Law Enforcement shall approve a |
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training course consistent with Section 1701.702, Occupations |
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Code, as added by this Act, and develop reporting requirements |
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consistent with Section 1701.704, Occupations Code, as added by |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |