S.B. No. 1367         AN ACT   relating to policies and training regarding the use of epinephrine   auto-injectors by public institutions of higher education;   providing immunity.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 38.202, Education Code, is amended by   amending Subsections (a) and (b) and adding Subsection (e) to read   as follows:          (a)  The commissioner of state health services shall   establish an advisory committee to examine and review the   administration of epinephrine auto-injectors to a person   experiencing an anaphylactic reaction on a campus of a school   district, [or] an open-enrollment charter school, or an institution   of higher education.          (b)  The advisory committee shall be composed of members   appointed by the commissioner of state health services.  In making   appointments, the commissioner shall ensure that:                (1)  a majority of the members are physicians with   expertise in treating anaphylaxis, including physicians who   specialize in the fields of pediatrics, allergies, asthma, and   immunology; [and]                (2)  at least one member is a registered nurse employed   by a school district or open-enrollment charter school as a school   nurse;                (3)  at least one member is an employee of a general   academic teaching institution; and                (4)  at least one member is an employee of a public   junior college or a public technical institute.          (e)  In this section, "general academic teaching   institution," "institution of higher education," "public junior   college," and "public technical institute" have the meanings   assigned by Section 61.003.          SECTION 2.  Section 38.207, Education Code, is amended to   read as follows:          Sec. 38.207.  ADVISORY COMMITTEE:  DUTIES.  The advisory   committee shall advise the commissioner of state health services   on:                (1)  the storage and maintenance of epinephrine   auto-injectors on school campuses and campuses of institutions of   higher education;                (2)  the training of school personnel and school   volunteers, and of personnel and volunteers at institutions of   higher education, in the administration of an epinephrine   auto-injector; and                (3)  a plan for:                      (A)  one or more school personnel members or   school volunteers trained in the administration of an epinephrine   auto-injector to be on each school campus; and                      (B)  one or more personnel members or volunteers   of an institution of higher education trained in the administration   of an epinephrine auto-injector to be on each campus of an   institution of higher education.          SECTION 3.  Chapter 51, Education Code, is amended by adding   Subchapter Y-1 to read as follows:   SUBCHAPTER Y-1.  MAINTENANCE, STORAGE, ADMINISTRATION, AND   DISPOSAL OF EPINEPHRINE AUTO-INJECTORS          Sec. 51.881.  DEFINITIONS.  In this subchapter:                (1)  "Advisory committee" means the committee   established under Section 38.202.                (2)  "Anaphylaxis" means a sudden, severe, and   potentially life-threatening allergic reaction that occurs when a   person is exposed to an allergen.                (3)  "Campus" means an educational unit under the   management and control of an institution of higher education and   may include, in addition to the main campus, off-campus and   secondary locations, such as branch campuses, teaching locations,   and regional centers.                (4)  "Epinephrine auto-injector" means a disposable   medical drug delivery device that contains a premeasured single   dose of epinephrine that is intended to be used to treat   anaphylaxis.                (5)  "Institution of higher education" has the meaning   assigned by Section 61.003.                (6)  "Personnel" means employees of an institution of   higher education.                (7)  "Physician" means a person who holds a license to   practice medicine in this state.          Sec. 51.882.  MAINTENANCE, STORAGE, ADMINISTRATION, AND   DISPOSAL OF EPINEPHRINE AUTO-INJECTORS.  (a)  Each institution of   higher education may adopt and implement a policy regarding the   maintenance, storage, administration, and disposal of epinephrine   auto-injectors on the institution's campus.          (b)  If a policy is adopted under Subsection (a), the policy:                (1)  must provide that personnel or volunteers who are   authorized and trained may administer an epinephrine auto-injector   to a person who is reasonably believed to be experiencing   anaphylaxis on the institution's campus; and                (2)  may provide that personnel or volunteers who are   authorized and trained may administer an epinephrine auto-injector   to a person who is reasonably believed to be experiencing   anaphylaxis at an off-campus event or while in transit to or from an   off-campus event sponsored by the institution of higher education.          (c)  The commissioner of state health services with advice   from the advisory committee shall adopt rules regarding the   maintenance, storage, administration, and disposal of an   epinephrine auto-injector on the campus of an institution of higher   education subject to a policy adopted under Subsection (a).  The   rules must establish:                (1)  the number of epinephrine auto-injectors   available at each campus;                (2)  the process for each institution of higher   education to check the inventory of epinephrine auto-injectors at   regular intervals for expiration and replacement; and                (3)  the amount of training required for personnel or   volunteers to administer an epinephrine auto-injector.          (d)  Each institution of higher education that adopts a   policy under Subsection (a) must require that the institution's   campuses have personnel or volunteers authorized and trained to   administer an epinephrine auto-injector present.          (e)  The supply of epinephrine auto-injectors at a campus   must be stored in a secure location and be easily accessible to   personnel or volunteers authorized and trained to administer an   epinephrine auto-injector.          Sec. 51.883.  REPORT ON ADMINISTERING EPINEPHRINE   AUTO-INJECTOR.  (a)  Not later than the 10th business day after the   date a personnel member or volunteer administers an epinephrine   auto-injector in accordance with a policy adopted under Section   51.882(a), the institution of higher education shall report the   information required under Subsection (b) to:                (1)  the physician who prescribed the epinephrine   auto-injector; and                (2)  the commissioner of state health services.          (b)  The report required under this section must include the   following information:                (1)  the age of the person who received the   administration of the epinephrine auto-injector;                (2)  whether the person who received the administration   of the epinephrine auto-injector was a student, a personnel member,   or a visitor;                (3)  the physical location where the epinephrine   auto-injector was administered;                (4)  the number of doses of epinephrine auto-injector   administered;                (5)  the title of the person who administered the   epinephrine auto-injector; and                (6)  any other information required by the commissioner   of state health services.          Sec. 51.884.  TRAINING. (a)  Each institution of higher   education that adopts a policy under Section 51.882(a) is   responsible for training personnel or volunteers in the   administration of an epinephrine auto-injector.          (b)  Training required under this section must:                (1)  include information on:                      (A)  recognizing the signs and symptoms of   anaphylaxis;                      (B)  administering an epinephrine auto-injector;                      (C)  implementing emergency procedures, if   necessary, after administering an epinephrine auto-injector; and                      (D)  properly disposing of used or expired   epinephrine auto-injectors; and                (2)  be provided in a formal training session or   through online education and be completed annually.          (c)  Each institution of higher education that adopts a   policy under Section 51.882(a) shall maintain records on the   training required under this section.          Sec. 51.885.  PRESCRIPTION OF EPINEPHRINE AUTO-INJECTORS.     (a)  A physician may prescribe epinephrine auto-injectors in the   name of an institution of higher education that adopts a policy   under Section 51.882(a).  The physician shall provide the   institution with a standing order for the administration of an   epinephrine auto-injector to a person reasonably believed to be   experiencing anaphylaxis.          (b)  The standing order under Subsection (a) is not required   to be patient-specific, and the epinephrine auto-injector may be   administered to a person without an established physician-patient   relationship.          (c)  Notwithstanding any other provisions of 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.          (d)  An order issued under this section must contain:                (1)  the name and signature of the prescribing   physician;                (2)  the name of the institution of higher education to   which the order is issued;                (3)  the quantity of epinephrine auto-injectors to be   obtained and maintained under the order; and                (4)  the date of issue.          (e)  A pharmacist may dispense an epinephrine auto-injector   to an institution of higher education without requiring the name or   any other identifying information relating to the user.          Sec. 51.886.  GIFTS, GRANTS, AND DONATIONS. An institution   of higher education may accept gifts, grants, donations, and   federal funds to implement this subchapter.          Sec. 51.887.  RULES. Except as otherwise provided by this   subchapter, the commissioner of state health services shall adopt   rules necessary to implement this subchapter.          Sec. 51.888.  IMMUNITY FROM LIABILITY. (a)  A person who in   good faith takes, or fails to take, any action under this subchapter   is immune from civil or criminal liability or disciplinary action   resulting from that act or failure to act, including:                (1)  issuing an order for epinephrine auto-injectors;                (2)  supervising or delegating the administration of an   epinephrine auto-injector;                (3)  possessing an epinephrine auto-injector;                (4)  maintaining an epinephrine auto-injector;                (5)  storing an epinephrine auto-injector;                (6)  disposing of an epinephrine auto-injector;                (7)  prescribing an epinephrine auto-injector;                (8)  dispensing an epinephrine auto-injector;                (9)  administering, or assisting in administering, an   epinephrine auto-injector;                (10)  providing, or assisting in providing, training,   consultation, or advice in the development, adoption, or   implementation of policies, guidelines, rules, or plans; or                (11)  undertaking any other act permitted or required   under this subchapter.          (b)  The immunity provided by Subsection (a) is in addition   to other immunity or limitations of liability provided by law.          (c)  Notwithstanding any other law, this subchapter does not   create a civil, criminal, or administrative cause of action or   liability or create a standard of care, obligation, or duty that   provides the basis for a cause of action for an act or omission   under this subchapter.          (d)  An institution of higher education or a campus of an   institution of higher education is immune from suit resulting from   an act, or failure to act, under this subchapter, including an act   or failure to act under related policies and procedures.          (e)  A cause of action does not arise from an act or omission   described by this section.          SECTION 4.  This Act applies beginning with the 2018 spring   semester.          SECTION 5.  This Act takes effect September 1, 2017.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 1367 passed the Senate on   May 1, 2017, by the following vote:  Yeas 31, Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 1367 passed the House on   May 17, 2017, by the following vote:  Yeas 140, Nays 0, two   present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor