Bill

SB 1367

85(R) - 2017
Senate Higher Education
House Higher Education
Senate Higher Education
House Higher Education
Department of Health
Healthcare
Higher Education

Companion Bill

HB 3851

Vote Recommendation

Yes
  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Neutral

Author(s)

Jose Menendez

Co-Author(s)

Juan "Chuy" Hinojosa

Sponsor(s)

Philip Cortez
Dan Flynn
Donna Howard
Stephanie Klick
Ralph Sheffield

Bill Caption

Relating to policies and training regarding the use of epinephrine auto-injectors by public institutions of higher education; providing immunity.

Fiscal Notes

From the LBB: No significant fiscal implication to the State is anticipated. 

Bill Analysis

This bill would allow institutes of higher education to adopt and implement policies regarding the use of epinephrine auto-injectors on the institution's campus including training and allowing personnel that are trained and authorized to administer epinephrine auto-injectors to administer the drug to persons reasonably believed to be experiencing anaphylactic shock.

Physicians would be allowed to prescribe auto-injectors in the name of a university and the university would be required to store the auto-injectors in a secure location easily accessible to those authorized and trained to administer them. The university would be required to report the required information not later than the 10th day after epinephrine is administered to a person on the campus to the physician who prescribed the auto-injector and the commissioner of state health services.

The bill would lastly give immunity from civil and criminal liability to a person acting in a way described under the section as long as they acted in good faith and did not act recklessly or with willful misconduct. 

Vote Recommendation Notes

This bill would not implement a new mandate, but rather provide a voluntary program public institutions may participate in if they so choose. This would also give institutions who choose to participate, a greater ability to protect and care for students in a responsible manner while still being able to hold them accountable for misconduct. For these reasons, we support SB 1637.