By: Guillen	H.B. No. 3186

	A BILL TO BE ENTITLED
	AN ACT
	relating to certain emergency medical services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 773.003, Health and Safety Code, is
	amended by adding Subdivision (18-a) to read as follows:
	(18-a)  "Patient" means a person who:
	(A)  has a perceived need for medical care or
	transportation for a physiological or psychological illness or
	injury;
	(B)  requires medical observation, monitoring, or
	assessment; and
	(C)  is either awaiting treatment or already under
	treatment for the related condition.
	SECTION 2.  Sections 773.014(a), (b), (c), (c-1), (d), (e),
	(f), and (g), Health and Safety Code, are amended to read as
	follows:
	(a)  An emergency medical services provider and a first
	responder organization may acquire and possess epinephrine
	[auto-injector devices] in accordance with this section. Emergency
	medical services personnel may carry and administer epinephrine
	[auto-injector devices] in accordance with this section.
	(b)  The executive commissioner shall adopt rules designed
	to protect the public health and safety to implement this section.
	The rules must provide that emergency medical services personnel
	may administer [an] epinephrine [auto-injector device] to another
	only if the person has successfully completed a training course,
	approved by the department, in the methods of administering
	epinephrine [use of the device] that is consistent with the
	national standard training curriculum for emergency medical
	technicians.
	(c)  An emergency medical services provider or first
	responder organization may acquire, possess, maintain, and dispose
	of epinephrine [auto-injector devices], and emergency medical
	services personnel may carry, maintain, administer, and dispose of
	epinephrine [auto-injector devices], only in accordance with:
	(1)  rules adopted under this section; and
	(2)  a delegated practice agreement that provides for
	medical supervision by a licensed physician who either:
	(A)  acts as a medical director for an emergency
	medical services system or a licensed hospital; or
	(B)  has knowledge and experience in the delivery
	of emergency care.
	(c-1)  A licensed physician acting as a medical director for
	an emergency medical services system may restrict the [use and]
	administration of epinephrine [auto-injector devices] to certain
	emergency medical services personnel of the system through:
	(1)  the delegated practice agreement; or
	(2)  the adoption of policies governing the
	administration [use] of epinephrine [the devices] by personnel
	within the system.
	(d)  Emergency medical services personnel who administer
	epinephrine [auto-injector devices] to others shall [immediately]
	report the administration of epinephrine [use] to the physician
	supervising the activities of the emergency medical services
	personnel in accordance with approved treatment protocols.
	(e)  The administration of [an] epinephrine [auto-injector
	device] to another under this section is considered to be the
	administration of emergency care for the purposes of any statute
	relating to liability for the provision of emergency care. The
	administration of [an] epinephrine [auto-injector device] to
	another in accordance with the requirements of this section does
	not constitute the unlawful practice of any health care profession.
	(f)  A person otherwise authorized to sell or provide [an]
	epinephrine [auto-injector device] to another may sell or provide
	epinephrine [the devices] to an emergency medical services provider
	or a first responder organization authorized to acquire and possess
	epinephrine [the devices] under this section.
	(g)  This section does not prevent emergency medical
	services personnel who are also licensed health care professionals
	under another health care licensing law and who are authorized to
	acquire, possess, and administer [an] epinephrine [auto-injector
	device] under the other health care licensing law from acting under
	the other law.
	SECTION 3.  Section 773.050(g), Health and Safety Code, is
	amended to read as follows:
	(g)  Rules adopting minimum standards under this section
	shall require:
	(1)  an emergency medical services vehicle to carry a
	supply of [be equipped with an] epinephrine for the treatment of
	[auto-injector device or similar device to treat] anaphylaxis, when
	authorized by the emergency medical services provider's
	medical
	director; and
	(2)  emergency medical services personnel to complete
	continuing education training in the administration of epinephrine
	as a treatment for anaphylaxis [treatment].
	SECTION 4.  This Act takes effect September 1, 2017.