SECTION 40.15. Maintenance, Administration, and Disposal of Unassigned Epinephrine Auto-Injectors

(a) A venue shall obtain a prescription and standing order from an authorized healthcare provider each year to stock, possess, and maintain at least one unassigned adult epinephrine auto-injector pack (two doses) on each venue's property, as described in Texas Health and Safety Code §773.0145. The number of additional adult packs may be determined by an individual venue assessment led by an authorized health-care provider, based on available resources.

(b) A venue performing such an assessment may consider:

(1) consultation with office of risk management, office of food services, or any department involved with public well-being;

(2) venue geography, including high risk areas; and

(3) venue occupancy limit.

(c) In developing an epinephrine auto-injector policy, a venue shall designate:

(1) a department to coordinate and manage policy implementation, which shall include:

(A) conducting an assessment;

(B) training venue personnel;

(C) purchasing (or otherwise acquiring), storing, and using unassigned epinephrine auto-injectors; and

(D) disposing of used or expired unassigned epinephrine auto-injectors;

(2) personnel who can be trained to administer unassigned epinephrine auto-injectors;

(3) locations for unassigned epinephrine auto-injectors;

(4) procedures for notifying local emergency medical services when a member of the venue or volunteer suspects a person is experiencing anaphylaxis and when an epinephrine auto-injector is administered; and

(5) a plan to replace, as soon as reasonably possible, any unassigned epinephrine auto-injector that is used, and to replace any unused unassigned epinephrine auto-injector upon or prior to its expiration.

(d) The policy and the locations of the unassigned epinephrine auto-injector must be publicly available, and the unassigned epinephrine auto-injector must be stored in accordance with the manufacturer's guidelines.

Source Note: The provisions of this §40.15 adopted to be effective February 9, 2021, 46 TexReg 917