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A BILL TO BE ENTITLED
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AN ACT
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relating to the emergency administration of an epinephrine |
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auto-injector by peace 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. DEFINITION. In this subchapter, |
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"epinephrine auto-injector" means a disposable medical drug |
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delivery device that contains a premeasured single dose of |
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epinephrine that is intended to be used to treat anaphylaxis. |
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Sec. 1701.702. ADMINISTRATION OF EPINEPHRINE. (a) A peace |
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officer may possess and administer an epinephrine auto-injector in |
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accordance with this subchapter. |
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(b) A peace officer may possess and administer epinephrine |
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through an auto-injector device to a person in an emergency |
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situation only if the peace officer has successfully completed |
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training in the use of the device in a course approved by the |
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commission. 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 epinephrine through an auto-injector device. |
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Sec. 1701.703. NOT PRACTICE OF HEALTH CARE. The |
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administration by a peace officer of epinephrine through an |
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auto-injector device to a person in accordance with the |
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requirements of this subchapter does not constitute the unlawful |
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practice of any health care profession. |
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Sec. 1701.704. NO CAUSE OF ACTION. Notwithstanding any |
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other law, this subchapter does not create a civil, criminal, or |
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administrative cause of action or liability or create a standard of |
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care, obligation, or duty that provides a basis for a cause of |
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action for an act or omission under this subchapter. |
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Sec. 1701.705. 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. |
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SECTION 3. This Act takes effect September 1, 2019. |