HB163

Regular Session

Relating to the possession and administration of epinephrine delivery systems by certain entities.

LowStandard timeline

Low Cost

Effective:2025-06-20

Enforcing Agencies

Texas Department of State Health Services (DSHS)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).
Compliance Deadline: Immediate upon possession. If your entity currently stocks epinephrine (even informally), you must align with these protocols by June 20, 2025, to ensure liability shielding.
Agency Rulemaking: The Texas Department of State Health Services (DSHS) must update regulations to accommodate the shift from "auto-injectors" to broader "delivery systems." Expect a regulatory gray zone regarding training standards for non-auto-injector devices until late 2025.

Immediate Action Plan

1. Risk Assessment: Determine if the operational risk of stocking epinephrine outweighs the safety benefit for your specific facility.
2. Secure Standing Order: Contact a physician to authorize the procurement of the devices.
3. Draft Policy: Adopt a written policy compliant with Texas Health and Safety Code Ch. 773 before purchasing inventory.
4. Train & Deploy: Train designated staff on the specific device purchased and log this training immediately.
5. Audit: If you already possess epinephrine, verify expiration dates and update your policy by June 20 to ensure you are not operating outside the new statutory framework.

Operational Changes Required

Contracts

Medical Oversight: You must execute an agreement or secure a standing order from a Texas-licensed physician to legally procure the medication.
Vendor Agreements: Review agreements with first-aid supply vendors (e.g., Cintas, Zee Medical). Ensure contracts mandate the automatic replacement of expired units, as expired epinephrine voids liability protection.
Liability Insurance: Consult carriers regarding "incidental medical malpractice" riders to ensure coverage extends to non-medical staff administering medication under this new statute.

Hiring/Training

Designated Personnel: Identify specific staff members (e.g., security, floor wardens) to serve as authorized administrators.
Device-Specific Training: Training must now match the specific "delivery system" stocked. If you switch from EpiPens to generic pre-filled syringes to save costs, staff must be retrained on the specific mechanics of the new device.

Reporting & Record-Keeping

Policy Documentation: You must draft and adopt a formal written policy outlining storage, administration, and disposal procedures.
Incident Reporting: Create a mandatory incident report form for any administration of epinephrine.
Maintenance Logs: Maintain a strict log of expiration dates and device conditions; these records are discoverable in litigation.

Fees & Costs

Procurement: Costs will vary based on the "delivery system" chosen (brand name auto-injectors vs. generic alternatives).
Disposal: Budget for biohazard disposal services for used or expired devices; they cannot be thrown in general trash.

Strategic Ambiguities & Considerations

Definition of "Delivery System":

The law replaces "auto-injector" with "epinephrine delivery system." This broad definition theoretically permits the use of vials and syringes.

Risk: While cheaper, vials/syringes carry high user-error risks.
Guidance: Until DSHS issues specific rules defining training standards for manual syringes, restrict procurement to FDA-approved auto-injectors or pre-filled devices designed for laypersons to minimize negligence claims.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsHealth Health--emergency Services & Personnel Health--other Diseases & Medical Conditions Medicine & Prescription Drugs

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

H.B. 163

By: Cortez

Public Health

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The author has informed the committee that, in 2014, 18-year-old Dillon Mueller tragically passed away after experiencing anaphylaxis from a bee sting and that this event has raised awareness for such avoidable tragedies and led to legislation being introduced in other states such as Wisconsin and Minnesota. According to the nonprofit group Food Allergy Research & Education, 33 million Americans live with potentially life-threatening food allergies, and the author has informed the committee that allowing more entities to maintain and administer epinephrine could increase the chances of saving individuals experiencing anaphylaxis from such allergies and other triggers. H.B. 163 seeks to address this issue by authorizing entities in Texas, including governmental entities, to adopt a policy regarding the maintenance, administration, and disposal of epinephrine auto-injectors.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 163 amends the Health and Safety Code to revise the applicability of statutory provisions relating to the possession and administration of epinephrine by certain entities as follows:

·repeals provisions subjecting specified entities to the applicability and excluding a governmental entity from the applicability; and

·excludes from the applicability an entity that is required by another law to adopt and implement a policy governing the maintenance, administration, and disposal of epinephrine auto-injectors by the entity.

The bill clarifies that the entities that may adopt a policy regarding the maintenance, administration, and disposal of epinephrine auto-injectors are entities in Texas, including a governmental entity.

H.B. 163 repeals Sections 773.0145(a) and (b), Health and Safety Code.

EFFECTIVE DATE

September 1, 2025.

House Authors

Rep. Philip CortezDemocrat · Primary Author

Joint Authors

Senate Sponsors

Sen. Cesar BlancoDemocrat · Primary Sponsor

Cosponsors (3)

Bill Text(with markup)

H.B. No. 163

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the possession and administration of epinephrine
	delivery systems by certain entities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 773.0145, Health and Safety Code, is
	amended by adding Subsection (a-1) and amending Subsection (c) to
	read as follows:
	(a-1) This section does not apply to an entity that is
	required by another law to adopt and implement a policy governing
	the maintenance, administration, and disposal of epinephrine
	delivery systems by the entity.
	(c) An entity in this state, including a governmental
	entity, [~~described by Subsection (a)~~] may adopt a policy regarding
	the maintenance, administration, and disposal of epinephrine
	delivery systems [~~auto-injectors~~].
	SECTION 2. Sections 773.0145(a) and (b), Health and Safety
	Code, are repealed.
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 14, 2025

TO:	Honorable Gary VanDeaver, Chair, House Committee on Public Health

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB163 by Cortez (Relating to the possession and administration of an epinephrine auto-injector by certain entities.), As Introduced

No fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

242 State Commission on Judicial Conduct, 304 Comptroller of Public Accounts, 320 Texas Workforce Commission, 352 Bond Review Board, 452 Department of Licensing and Regulation, 503 Texas Medical Board, 529 Health and Human Services Commission, 582 Commission on Environmental Quality, 601 Department of Transportation, 710 Texas A&M University System Administrative and General Offices, 720 The University of Texas System Administration

LBB Staff:

JMc, NPe, THO, NAz

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Frequently Asked Questions

Common questions about HB163

What does Texas HB163 do?

Effective June 20, 2025, Texas HB 163 universally expands the authority to possess and administer epinephrine to any business entity, repealing previous restrictions that limited this right to specific venues like amusement parks and restaurants. While stocking epinephrine remains voluntary, entities that choose to do so must strictly adhere to new definitions regarding "epinephrine delivery systems" and medical oversight to maintain statutory liability protection. Implementation Timeline Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).

Who authored HB163?

HB163 was authored by Texas Representative Philip Cortez during the Regular Session.

When was HB163 signed into law?

HB163 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB163?

HB163 is enforced by Texas Department of State Health Services (DSHS).

How urgent is compliance with HB163?

The compliance urgency for HB163 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB163?

The cost impact of HB163 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB163 address?

HB163 addresses topics including health, health--emergency services & personnel, health--other diseases & medical conditions and medicine & prescription drugs.

Legislative data provided by LegiScanLast updated: November 25, 2025

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