Texas 2015 - 84th Regular

Texas Senate Bill SB28

Filed
11/10/14  
Out of Senate Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to immunity from liability for public and open-enrollment charter school campuses that maintain a supply of epinephrine auto-injectors for emergency use.

Impact

The bill's passage would amend the Education Code, specifically Section 38.0151, to support policies for the care of students at risk for anaphylaxis. By stipulating that governmental entities are not liable if someone administers an epinephrine auto-injector in good faith, the legislation encourages schools to stock these vital medical supplies without the fear of litigation. This change is significant for schools that often face challenges in catering to the medical needs of students with allergies, thereby promoting a safer environment on school campuses.

Summary

SB28 aims to provide a framework for public and open-enrollment charter school campuses to maintain a supply of epinephrine auto-injectors for emergency use. The bill establishes that schools may administer these auto-injectors to individuals experiencing an anaphylactic reaction and specifies that such administration will not be considered unlawful practice by health care professionals. This provision is crucial for ensuring the safety of students who may suffer from severe allergic reactions, providing necessary medical treatment promptly in the event of an emergency.

Sentiment

The sentiment surrounding SB28 has been predominantly positive among legislators and education advocates who recognize the importance of addressing students' medical needs. Supporters argue that the bill reflects a commitment to student health and safety, particularly for those at risk of life-threatening allergic reactions. Nonetheless, some concerns have been raised regarding the practicalities of implementation in schools, such as ensuring proper training for personnel on how to administer the auto-injectors correctly.

Contention

While there is broad support for the intent of SB28, discussions have pointed out potential issues regarding liability and the responsibilities of school staff. Opponents of aspects of the bill have expressed concern that the legislation could inadvertently lead to situations where untrained personnel may administer epinephrine inappropriately, thereby resulting in harm. However, the bill includes immunity provisions designed to mitigate these risks, indicating a legislative balance between ensuring health safety and protecting school personnel.

Companion Bills

No companion bills found.

Previously Filed As

TX SB294

Relating to the use of epinephrine auto-injectors and medication designated for treatment of respiratory distress on public and private school campuses.

TX HB4058

Relating to the use of opioid antagonists on the campuses of public and private schools and institutions of higher education and at or in transit to or from off-campus school events.

TX HB920

Relating to the use of medication designated for treatment of respiratory distress on public and private school campuses.

TX SB629

Relating to the maintenance, administration, and disposal of opioid antagonists on public and private school campuses and to the permissible uses of money appropriated to a state agency from the opioid abatement account.

TX HB2411

Relating to the maintenance, administration, and disposal of opioid antagonists on public and private school campuses and to the permissible uses of money appropriated to a state agency from the opioid abatement account.

TX HB2261

Relating to the maintenance of anaphylaxis medicine by a public school.

TX HB3735

Relating to the administration of opioid antagonists by a school nurse at public school campuses.

TX HB3680

Relating to the administration of opioid antagonists by a school nurse or school district administrative personnel at public school campuses.

TX HB4977

Relating to the operation of open-enrollment charter schools, including enrollment procedures and the applicability of certain laws to open-enrollment charter schools.

TX SB54

Relating to the establishment of a grant program for school districts or open-enrollment charter school campuses that are designated as full-service community schools.

Similar Bills

TX HB2283

Relating to the use of an epinephrine delivery device by certain entities.

TX SB1619

Relating to the use of an epinephrine delivery system by certain entities.

CA AB1651

Pupil health: emergency medical care: epinephrine auto-injectors.

UT HB0333

Medications in Schools Amendments

CA SB568

Pupil health: epinephrine delivery systems: schoolsites and childcare programs.

TX SB1367

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

TX HB3851

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

TX HB2847

Relating to policies and training regarding the use of epinephrine auto-injectors by school districts and open-enrollment charter schools; providing immunity.