Tex. Health and Safety Code § 773.0145 — TX Code / Code hs / Chapter 773 / Section 773.0145
§ 773.0145. POSSESSION AND ADMINISTRATION OF EPINEPHRINE BY CERTAIN ENTITIES.
Status: repealed

(a) Repealed by Acts 2025, 89th Leg., R.S., Ch. 715 (H.B. 163), Sec. 2, eff. September 1, 2025.

(a-1) This section does not apply to an entity that is required by another law to adopt and implement a policy governing the maintenance, administration, and disposal of epinephrine delivery systems by the entity.

(b) Repealed by Acts 2025, 89th Leg., R.S., Ch. 715 (H.B. 163), Sec. 2, eff. September 1, 2025.

(c) An entity in this state, including a governmental entity, may adopt a policy regarding the maintenance, administration, and disposal of epinephrine delivery systems.

(d) A policy adopted under Subsection (c) must provide that only an entity employee or volunteer who is authorized and trained may administer an epinephrine delivery system to a person who is reasonably believed to be experiencing anaphylaxis on the premises of the entity.

(e) The executive commissioner shall adopt rules regarding the maintenance, administration, and disposal of an epinephrine delivery system by an entity subject to a policy adopted under Subsection (c). The rules must establish:

(1) the number of epinephrine delivery systems and the dosages of the epinephrine delivery systems available at each entity;

(2) the process for each entity to verify the inventory of epinephrine delivery systems at regular intervals for expiration and replacement; and

(3) the amount of training required for an entity employee or volunteer to administer an epinephrine delivery system.

(f) Each entity that adopts a policy under Subsection (c) must have at least one entity employee or volunteer authorized and trained to administer an epinephrine delivery system present during all hours the entity is open to the public or to the population that the entity serves, as applicable.

(g) The supply of epinephrine delivery systems at each entity must:

(1) be stored in accordance with the manufacturer's instructions in a secure location; and

(2) be easily accessible to an entity employee or volunteer authorized and trained to administer an epinephrine delivery system.

(h) Each entity that adopts a policy under Subsection (c) is responsible for training the entity's employees and volunteers in the administration of an epinephrine delivery system.

(i) Employee and volunteer training under this section must:

(1) include information on:

(A) the signs and symptoms of anaphylaxis;

(B) the recommended dosages for an adult and a child;

(C) the administration of an epinephrine delivery system;

(D) the implementation of 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 entity shall maintain records on the training completed by each employee and volunteer under this section.

(k) A physician or person who has been delegated prescriptive authority under Chapter 157, Occupations Code, may prescribe epinephrine delivery systems in the name of an entity.

(l) A physician or other person who prescribes epinephrine delivery systems under Subsection (k) shall provide the entity with a standing order for the administration of an epinephrine delivery system to a person reasonably believed to be experiencing anaphylaxis.

(m) The standing order under Subsection (l) is not required to be patient-specific, and the epinephrine delivery system may be administered to a person without a previously established physician-patient relationship.

(n) 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.

(o) For purposes of Subsection (n)(2), a person who has been delegated prescriptive authority under Chapter 157, Occupations Code, is not engaged in the unauthorized practice of telemedicine or acting outside the person's scope of practice by consulting a physician as provided by that subdivision when prescribing an epinephrine delivery system in accordance with this section.

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

(1) the name and signature of the prescriber;

(2) the name of the entity 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 of issue.

(q) A pharmacist may dispense an epinephrine delivery system to an entity without requiring the name or any other identifying information relating to the user.

(r) A person who in good faith takes, or fails to take, any action under this section 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.

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

(t) 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.

(u) A cause of action does not arise from an act or omission described by this section.

(v) An entity and entity employees or volunteers are immune from suit resulting from an act, or failure to act, under this section, including an act or failure to act under related policies and procedures.

(w) An act or failure to act by entity employees or volunteers under this section, including an act or failure to act under related policies and procedures, is the exercise of judgment or discretion on the part of the entity employee or volunteer and is not considered to be a ministerial act for purposes of liability of the entity.