The law on Epi-Pens.

[Guest guest]

OK folks, here's the law as written for EMS personnel.

It is Chapter 773, Section 014 of the Texas Health and Safety Code.

Sec. 773.014. ADMINISTRATION OF EPINEPHRINE. (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 certified as emergency medical technicians or at a

higher level of training may carry and administer epinephrine auto-injector

devices

in accordance with this section.

( The department shall adopt rules designed to protect the public health

and safety to implement this section. The rules must provide that emergency

medical services personnel certified as emergency medical technicians or at a

higher level of training 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 use of the device that is consistent with the

national standard training curriculum for emergency medical technicians.

© 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 certified as emergency medical

technicians or at a higher level of training may carry, maintain, administer,

and dispose of epinephrine auto-injector devices, only in accordance with:

(1) rules adopted by the department 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

( has knowledge and experience in the delivery of emergency care.

(d) Emergency medical services personnel who administer epinephrine

auto-injector devices to others shall immediately report the use to the

physician

supervising the activities of the emergency medical services personnel.

(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 the devices to an emergency

medical services provider or a first responder organization authorized to

acquire

and possess 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.

(h) This section does not impose a standard of care not otherwise required

by law.

So, if I read this correctly, this section DOES allow EMS personnel to

purchase and use Epi-Pens if they have completed a training course in

administration

of the device.

I have not yet found the TDH regulations on this, if there are any. Perhaps

Maxie or somebody else at DSHS can point us to any existing regulations that

might further define how this works.

My previous posts should be disregarded. I had not found this statute at

the time I posted those thoughts.

Further, Section 142.0063 of the Texas Health & Safety Code authorizes " home

and community support services agencies " and RNs and LVNs working for them to

carry 5 doses (and a " dose " is not defined) of Epinephrine 1:1000.

In view of this, it seems that the new bill would simply mandate this rather

than allowing it to be permissive.

Gene G.

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