Texas 2009 - 81st Regular

Texas House Bill HB4633 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R3633 ALB-F
2	2	By: Lucio III H.B. No. 4633
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the care of elementary and secondary school students
8	8	with food or other life-threatening allergies.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
11	11	amended by adding Chapter 172 to read as follows:
12	12	CHAPTER 172. CARE OF STUDENTS WITH FOOD OR OTHER LIFE-THREATENING
13	13	ALLERGIES
14	14	Sec. 172.001. DEFINITIONS. In this chapter:
15	15	(1) "Allergy" means a dangerous or life-threatening
16	16	reaction of the human body to an allergen introduced by inhalation,
17	17	ingestion, injection, or skin contact.
18	18	(2) "School" means a public elementary or secondary
19	19	school. The term includes an open-enrollment charter school
20	20	established under Subchapter D, Chapter 12, Education Code.
21	21	(3) "School employee" means a person employed by:
22	22	(A) a school;
23	23	(B) a local health department that assists a
24	24	school under this chapter; or
25	25	(C) any other entity that assists a school under
26	26	this chapter, including an entity that provides transportation for
27	27	students.
28	28	Sec. 172.002. ALLERGY AND ANAPHYLAXIS MANAGEMENT IN
29	29	SCHOOLS. (a) Each school district or charter school in this state
30	30	shall develop an allergy and anaphylaxis management plan that
31	31	includes the following:
32	32	(1) a communication plan regarding dissemination of
33	33	information regarding a student's allergy when a student with a
34	34	life-threatening allergy is admitted to a school;
35	35	(2) strategies for reducing a student's exposure to
36	36	anaphylactic causative agents, including food and other
37	37	life-threatening allergens;
38	38	(3) a procedure for the development of an
39	39	individualized health care plan as required by Section 172.003 for
40	40	each student with a life-threatening allergy;
41	41	(4) a training course for each school employee that
42	42	includes annual training regarding recognizing the signs and
43	43	symptoms of allergic reaction, administering life-saving
44	44	medication with a cartridge injector, and emergency procedures
45	45	after injecting medication; and
46	46	(5) a procedure and treatment plan for responding to
47	47	anaphylaxis that includes the responsibilities of a school nurse
48	48	and the responsibilities of school employees who serve as first
49	49	responders in an anaphylactic emergency, recognizing that
50	50	anaphylaxis may occur in a student who has never experienced an
51	51	allergic reaction.
52	52	(b) In developing the plan under Subsection (a), a school
53	53	district or charter school shall consult The Texas Guide to School
54	54	Health Programs published by the Department of State Health
55	55	Services and may reference best practice guidelines from the
56	56	following organizations:
57	57	(1) the American Medical Association;
58	58	(2) the American Academy of Allergy, Asthma, and
59	59	Immunology;
60	60	(3) the American Academy of Pediatrics;
61	61	(4) the National Association of School Nurses; and
62	62	(5) the Food Allergy and Anaphylaxis Network.
63	63	Sec. 172.003. INDIVIDUALIZED HEALTH CARE PLAN. (a) An
64	64	individualized health care plan is a coordinated plan of care
65	65	designed to meet the unique health care needs of a student with an
66	66	allergy in the school setting.
67	67	(b) An individualized health care plan must be developed for
68	68	each student with an allergy who may seek care for the allergy while
69	69	at school or while participating in a school activity. The school
70	70	principal and the school nurse, if a school nurse is assigned to the
71	71	school, shall develop a student's individualized health care plan
72	72	in collaboration with the student's parent or guardian and, to the
73	73	extent practicable, the physician responsible for the treatment of
74	74	the student's allergy.
75	75	(c) The school must develop an individualized health care
76	76	plan for each student with an allergy:
77	77	(1) before the first day of the school year for a
78	78	student enrolled at the school on the first day of the school year;
79	79	(2) on enrollment of the student, if the student
80	80	enrolls in the school after the first day of the school year; or
81	81	(3) as soon as practicable after a student is
82	82	diagnosed with an allergy if the allergy is diagnosed after the
83	83	student is enrolled in the school.
84	84	Sec. 172.004. INDEPENDENT MONITORING AND TREATMENT. In
85	85	accordance with the student's individualized health care plan, a
86	86	school shall permit the student to attend to the management and care
87	87	of the student's allergy, which may include:
88	88	(1) possessing and self-administering anaphylaxis
89	89	medicine under Section 38.015, Education Code;
90	90	(2) possessing on the student's person at any time any
91	91	supplies or equipment necessary to care for the student's allergy;
92	92	and
93	93	(3) otherwise attending to the management and care of
94	94	the student's allergy in the classroom, in any area of the school or
95	95	school grounds, or at any school-related activity.
96	96	Sec. 172.005. IMMUNITY FROM DISCIPLINARY ACTION OR
97	97	LIABILITY. A school employee may not be subject to any disciplinary
98	98	proceeding, as defined by Section 22.0512(b), Education Code,
99	99	resulting from an action taken in compliance with this chapter. The
100	100	requirements of this chapter are considered to involve the
101	101	employee's judgment and discretion and are not considered
102	102	ministerial acts for purposes of immunity from liability under
103	103	Section 22.0511, Education Code. Nothing in this chapter shall be
104	104	considered to limit the immunity from liability afforded under
105	105	Section 22.0511, Education Code.
106	106	SECTION 2. Chapter 172, Health and Safety Code, as added by
107	107	this Act, applies beginning with the 2009-2010 school year.
108	108	SECTION 3. This Act takes effect immediately if it receives
109	109	a vote of two-thirds of all the members elected to each house, as
110	110	provided by Section 39, Article III, Texas Constitution. If this
111	111	Act does not receive the vote necessary for immediate effect, this
112	112	Act takes effect September 1, 2009.