Tex. Human Resources Code § 42.067 — TX Code / Code hr / Chapter 42 / Section 42.067
§ 42.067. EPINEPHRINE DELIVERY SYSTEMS; IMMUNITY FROM LIABILITY.
Status: in_force

(a) In this section:

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

(2) "Epinephrine auto-injector" means a disposable medical drug delivery device that contains a premeasured single dose of epinephrine intended for use to treat anaphylaxis.

(2-a) "Epinephrine delivery system" means a medical delivery device approved by the United States Food and Drug Administration that delivers a dose of epinephrine intended for use to treat anaphylaxis, including:

(A) an epinephrine auto-injector; and

(B) an epinephrine nasal spray.

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

(b) A physician, or a person who has been delegated prescriptive authority under Chapter 157, Occupations Code, may prescribe epinephrine delivery systems in the name of a day-care center.

(c) A physician or other person who prescribes epinephrine delivery systems under Subsection (b) shall provide the day-care center with a standing order for the administration of an epinephrine delivery system to a person reasonably believed to be experiencing anaphylaxis.

(d) A standing order under Subsection (c) is not required to be patient-specific. An epinephrine delivery system may be administered under this section to a person without a previously established physician-patient relationship.

(e) Notwithstanding any other 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.

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

(1) the name and signature of the prescribing physician or other person;

(2) the name of the day-care center to which the order is issued;

(3) the quantity of epinephrine delivery systems to be obtained and maintained under the order; and

(4) the date the order was issued.

(g) A pharmacist may dispense an epinephrine delivery system to a day-care center without requiring the name of or any other identifying information relating to the user.

(h) A day-care center shall store an epinephrine delivery system in a secure location that is easily accessible to employees or volunteers of the day-care center authorized and trained to administer an epinephrine delivery system.

(i) Each day-care center is responsible for training employees in the administration of an epinephrine delivery system. The training must:

(1) include information on:

(A) recognizing the signs and symptoms of anaphylaxis;

(B) administering an epinephrine delivery system;

(C) the recommended dosages for adults and children by age and weight, if applicable, and the dosages available at the center;

(D) implementing emergency procedures, if necessary, after administering an epinephrine delivery system; and

(E) the proper disposal of used or expired epinephrine delivery systems; and

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

(j) Each day-care center shall maintain records on the training required under this section.

(k) Not later than the 10th business day after the date a day-care center employee administers an epinephrine delivery system in accordance with this section, the day-care center shall report the following information to the persons listed in Subsection (l):

(1) the age of the person who received the administration of the epinephrine delivery system;

(2) whether the person who received the administration of the epinephrine delivery system was:

(A) a child enrolled in the day-care center;

(B) a day-care center employee or volunteer; or

(C) a visitor to the day-care center;

(3) the physical location where the epinephrine delivery system was administered;

(4) the number of doses of epinephrine delivery system administered;

(5) the title of the employee who administered the epinephrine delivery system; and

(6) any other information required by the executive commissioner.

(l) The information required by Subsection (k) shall be reported to:

(1) the owner of the day-care center;

(2) the physician or other person who prescribed the epinephrine delivery system;

(3) the commission; and

(4) the Department of State Health Services.

(m) The executive commissioner, in consultation with the Department of State Health Services, shall adopt rules necessary to implement this section.

(n) A person who in good faith takes, or fails to take, action relating to the prescription of an epinephrine delivery system to a day-care center or the administration of an epinephrine delivery system in a day-care center is immune from civil or criminal liability or disciplinary action resulting from that action or failure to act, including:

(1) issuing an order for epinephrine delivery systems;

(2) supervising or delegating the administration of an epinephrine delivery system;

(3) possessing, maintaining, storing, or disposing of an epinephrine delivery system;

(4) prescribing an epinephrine delivery system;

(5) dispensing an epinephrine delivery system;

(6) administering, or assisting in administering, an epinephrine delivery system;

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

(8) undertaking any other act permitted or required under this section.

(o) The immunities and protections provided by this section are in addition to other immunities or limitations of liability provided by law.

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

(q) If a day-care center obtains epinephrine delivery systems for use as authorized by this section, the day-care center shall notify each parent of a child enrolled in the center of the center's policy and procedures relating to the administration of the epinephrine delivery systems.

(r) An act or omission described by this section does not create a cause of action.