81R3633 ALB-F
By: Lucio III H.B. No. 4633
A BILL TO BE ENTITLED
AN ACT
relating to the care of elementary and secondary school students
with food or other life-threatening allergies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
amended by adding Chapter 172 to read as follows:
CHAPTER 172. CARE OF STUDENTS WITH FOOD OR OTHER LIFE-THREATENING
ALLERGIES
Sec. 172.001. DEFINITIONS. In this chapter:
(1) "Allergy" means a dangerous or life-threatening
reaction of the human body to an allergen introduced by inhalation,
ingestion, injection, or skin contact.
(2) "School" means a public elementary or secondary
school. The term includes an open-enrollment charter school
established under Subchapter D, Chapter 12, Education Code.
(3) "School employee" means a person employed by:
(A) a school;
(B) a local health department that assists a
school under this chapter; or
(C) any other entity that assists a school under
this chapter, including an entity that provides transportation for
students.
Sec. 172.002. ALLERGY AND ANAPHYLAXIS MANAGEMENT IN
SCHOOLS. (a) Each school district or charter school in this state
shall develop an allergy and anaphylaxis management plan that
includes the following:
(1) a communication plan regarding dissemination of
information regarding a student's allergy when a student with a
life-threatening allergy is admitted to a school;
(2) strategies for reducing a student's exposure to
anaphylactic causative agents, including food and other
life-threatening allergens;
(3) a procedure for the development of an
individualized health care plan as required by Section 172.003 for
each student with a life-threatening allergy;
(4) a training course for each school employee that
includes annual training regarding recognizing the signs and
symptoms of allergic reaction, administering life-saving
medication with a cartridge injector, and emergency procedures
after injecting medication; and
(5) a procedure and treatment plan for responding to
anaphylaxis that includes the responsibilities of a school nurse
and the responsibilities of school employees who serve as first
responders in an anaphylactic emergency, recognizing that
anaphylaxis may occur in a student who has never experienced an
allergic reaction.
(b) In developing the plan under Subsection (a), a school
district or charter school shall consult The Texas Guide to School
Health Programs published by the Department of State Health
Services and may reference best practice guidelines from the
following organizations:
(1) the American Medical Association;
(2) the American Academy of Allergy, Asthma, and
Immunology;
(3) the American Academy of Pediatrics;
(4) the National Association of School Nurses; and
(5) the Food Allergy and Anaphylaxis Network.
Sec. 172.003. INDIVIDUALIZED HEALTH CARE PLAN. (a) An
individualized health care plan is a coordinated plan of care
designed to meet the unique health care needs of a student with an
allergy in the school setting.
(b) An individualized health care plan must be developed for
each student with an allergy who may seek care for the allergy while
at school or while participating in a school activity. The school
principal and the school nurse, if a school nurse is assigned to the
school, shall develop a student's individualized health care plan
in collaboration with the student's parent or guardian and, to the
extent practicable, the physician responsible for the treatment of
the student's allergy.
(c) The school must develop an individualized health care
plan for each student with an allergy:
(1) before the first day of the school year for a
student enrolled at the school on the first day of the school year;
(2) on enrollment of the student, if the student
enrolls in the school after the first day of the school year; or
(3) as soon as practicable after a student is
diagnosed with an allergy if the allergy is diagnosed after the
student is enrolled in the school.
Sec. 172.004. INDEPENDENT MONITORING AND TREATMENT. In
accordance with the student's individualized health care plan, a
school shall permit the student to attend to the management and care
of the student's allergy, which may include:
(1) possessing and self-administering anaphylaxis
medicine under Section 38.015, Education Code;
(2) possessing on the student's person at any time any
supplies or equipment necessary to care for the student's allergy;
and
(3) otherwise attending to the management and care of
the student's allergy in the classroom, in any area of the school or
school grounds, or at any school-related activity.
Sec. 172.005. IMMUNITY FROM DISCIPLINARY ACTION OR
LIABILITY. A school employee may not be subject to any disciplinary
proceeding, as defined by Section 22.0512(b), Education Code,
resulting from an action taken in compliance with this chapter. The
requirements of this chapter are considered to involve the
employee's judgment and discretion and are not considered
ministerial acts for purposes of immunity from liability under
Section 22.0511, Education Code. Nothing in this chapter shall be
considered to limit the immunity from liability afforded under
Section 22.0511, Education Code.
SECTION 2. Chapter 172, Health and Safety Code, as added by
this Act, applies beginning with the 2009-2010 school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.