84R3806 MEW-D
By: Aycock H.B. No. 1676
A BILL TO BE ENTITLED
AN ACT
relating to authority of public and open-enrollment charter school
campuses to maintain a supply of and administer anaphylaxis
medicine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 38.0151, Education Code,
is amended to read as follows:
Sec. 38.0151. POLICIES FOR CARE OF CERTAIN STUDENTS AT RISK
FOR ANAPHYLAXIS; MAINTENANCE AND ADMINISTRATION OF ANAPHYLAXIS
MEDICINE SUPPLY.
SECTION 2. Section 38.0151, Education Code, is amended by
adding Subsections (b-1), (d-1), and (d-2) and amending Subsection
(d) to read as follows:
(b-1) Each school district and open-enrollment charter
school may maintain at each campus a supply of anaphylaxis
medicine, including an epinephrine auto-injector, that may be
administered to a person on campus or at an off-campus school event
experiencing an anaphylactic reaction, regardless of whether the
medicine or auto-injector was prescribed for that person. For
anaphylaxis medicine to satisfy this subsection, the medicine may
not have an expiration date that has passed.
(d) Except in a case of reckless conduct or intentional,
wilful, or wanton misconduct, a person is immune from civil or
criminal liability or disciplinary action for any conduct permitted
or required under this section, including:
(1) issuing an order for epinephrine auto-injectors;
(2) supervising or delegating the administration of an
epinephrine auto-injector;
(3) possessing an epinephrine auto-injector;
(4) prescribing an epinephrine auto-injector;
(5) dispensing an epinephrine auto-injector;
(6) administering, or assisting in administering, an
epinephrine auto-injector;
(7) providing, or assisting in providing, training,
consultation, or advice in the development, adoption, or
implementation of policies or guidelines; or
(8) undertaking any other act permitted or required
under this section. [This section does not:
[(1) waive any liability or immunity of a governmental
entity or its officers or employees; or
[(2) create any liability for or a cause of action
against a governmental entity or its officers or employees.]
(d-1) The immunity provided by Subsection (d) is in addition
to other immunity or limitations of liability provided by law.
(d-2) Notwithstanding any other law, this section does not
create a cause of action or liability against a school district or
open-enrollment charter school or a district or school employee for
the use of an epinephrine auto-injector permitted under this
section.
SECTION 3. This Act applies beginning with the 2015-2016
school year.
SECTION 4. 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, 2015.