Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 38.211 - Prescription Of Epinephrine Auto-Injectors And Medication For Respiratory Distress(a) A physician or person who has been delegated prescriptive authority under Chapter 157, Occupations Code, may prescribe epinephrine auto-injectors or medication for respiratory distress in the name of a school district, open-enrollment charter school, or private school.(b) A physician or other person who prescribes epinephrine auto-injectors or medication for respiratory distress under Subsection (a) shall provide the school district, open-enrollment charter school, or private school with a standing order for the administration of, as applicable: (1) an epinephrine auto-injector to a person reasonably believed to be experiencing anaphylaxis; or(2) medication for respiratory distress to a person reasonably believed to be experiencing respiratory distress .(c) The standing order under Subsection (b) is not required to be patient-specific, and the epinephrine auto-injector or medication for respiratory distress may be administered to a person without a previously established physician-patient relationship.(d) 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.(e) An order issued under this section must contain: (1) the name and signature of the prescribing physician or other person;(2) the name of the school district, open-enrollment charter school, or private school to which the order is issued;(3) as applicable, the quantity of epinephrine auto-injectors or the quantity and types of medications for respiratory distress to be obtained and maintained under the order; and(f) A pharmacist may dispense an epinephrine auto-injector or medication for respiratory distress to a school district, open-enrollment charter school, or private school without requiring the name or any other identifying information relating to the user.Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 194,Sec. 10, eff. 5/24/2023.Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 194,Sec. 9, eff. 5/24/2023.Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 192,Sec. 5, eff. 5/24/2019.Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 192,Sec. 4, eff. 5/24/2019.Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 61,Sec. 6, eff. 5/22/2017, op. beginning with the 2017-2018 school year.Added by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 180,Sec. 2, eff. 5/28/2015, op. beginning with the 2015-2016 school year.