82R676 TJB-F
By: Lucio III H.B. No. 286
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; and
(3) 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. TRAINING COURSE. (a) In addition to the
allergy and anaphylaxis management plan required by Section
172.002, each school district and charter school shall provide
annual training for each school employee that includes:
(1) recognizing the signs and symptoms of allergic
reaction;
(2) administering lifesaving medication with a
cartridge injector; and
(3) emergency procedures after injecting medication.
(b) The training must be conducted by a person knowledgeable
in the subjects required to be included in the training under
Subsection (a), such as a school nurse, principal, or a
representative from an organization listed in Section 172.002(b).
(c) If a school district or charter school is unable to
provide the training required by this section without cost to the
district or school, the district or school may provide to each
school employee training materials that fully explain the subjects
required to be included in the training under Subsection (a), such
as The Texas Guide to School Health Programs published by the
Department of State Health Services.
Sec. 172.004. 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 2011-2012 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, 2011.