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Chapter 773 of the Health and Safety Code currently authorizes emergency medical services personnel and first responders to administer epinephrine through an auto-injector device.
HB 1550 would amend Chapter 562 of the Occupations Code by authorizing pharmacists to administer epinephrine through an auto-injector device in an emergency situation. A pharmacist who administers epinephrine through an auto-injector device to a patient would be required to report the use to the patient's primary care physician. A pharmacist who in good faith administers epinephrine through an auto-injector device in accordance with the bill's requirements would not be liable for civil damages for an act performed in the administration unless the act is wilfully or wantonly negligent. The bill would prohibit a pharmacist from receiving remuneration for the administration of epinephrine through an auto-injector device but would authorize a pharmacist to seek reimbursement for the cost of the epinephrine auto-injector device.
In order to implement the bill's provisions, the Texas State Board of Pharmacy would be required to adopt rules designed to protect the public health and safety.
A pharmacist's authority to administer an epinephrine auto-injector extends only to a patient who is having an allergic reaction as a result of a vaccination or immunization and not to an individual who enters the pharmacy experiencing anaphylactic shock or goes into anaphylactic shock while in the pharmacy. This limitation has created an unnecessary public safety issue, particularly when the pharmacist has such a life-saving device readily available.
This legislation decreases scope of practice regulations for pharmacists. We support HB 1550 because it promotes our free market and limited government principles.