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.