Texas 2015 - 84th Regular

Texas House Bill HB2847 Compare Versions

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1	1	84R23316 MEW-F
2	2	By: Crownover, Aycock, Herrero, Farney, H.B. No. 2847
3	3	Zerwas
4	4	Substitute the following for H.B. No. 2847:
5	5	By: Aycock C.S.H.B. No. 2847
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to policies and training regarding the use of epinephrine
11	11	auto-injectors by school districts and open-enrollment charter
12	12	schools; providing immunity.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Chapter 38, Education Code, is amended by adding
15	15	Subchapter E to read as follows:
16	16	SUBCHAPTER E. MAINTENANCE, ADMINISTRATION, AND DISPOSAL OF
17	17	EPINEPHRINE AUTO-INJECTORS
18	18	Sec. 38.201. DEFINITIONS. In this subchapter:
19	19	(1) "Advisory committee" means the committee
20	20	established under Section 38.202.
21	21	(2) "Anaphylaxis" means a sudden, severe, and
22	22	potentially life-threatening allergic reaction that occurs when a
23	23	person is exposed to an allergen.
24	24	(3) "Epinephrine auto-injector" means a disposable
25	25	medical drug delivery device that contains a premeasured single
26	26	dose of epinephrine that is intended to be used to treat
27	27	anaphylaxis.
28	28	(4) "Physician" means a person who holds a license to
29	29	practice medicine in this state.
30	30	(5) "School personnel" means an employee of a school
31	31	district or open-enrollment charter school. The term includes a
32	32	member of the board of trustees of a school district or the
33	33	governing body of an open-enrollment charter school.
34	34	Sec. 38.202. ADVISORY COMMITTEE: ESTABLISHMENT AND
35	35	COMPOSITION. (a) The commissioner of state health services shall
36	36	establish an advisory committee to examine and review the
37	37	administration of epinephrine auto-injectors to a person
38	38	experiencing an anaphylactic reaction on a campus of a school
39	39	district or an open-enrollment charter school.
40	40	(b) The advisory committee shall be composed of members
41	41	appointed by the commissioner of state health services. In making
42	42	appointments, the commissioner shall ensure that:
43	43	(1) a majority of the members are physicians with
44	44	expertise in treating anaphylaxis, including physicians who
45	45	specialize in the fields of pediatrics, allergies, asthma, and
46	46	immunology; and
47	47	(2) at least one member is a registered nurse employed
48	48	by a school district or open-enrollment charter school as a school
49	49	nurse.
50	50	(c) A member of the advisory committee serves at the
51	51	pleasure of the commissioner of state health services.
52	52	(d) A vacancy on the advisory committee is filled by the
53	53	commissioner of state health services in the same manner as other
54	54	appointments to the advisory committee.
55	55	Sec. 38.203. ADVISORY COMMITTEE: PRESIDING OFFICER. The
56	56	advisory committee shall elect a presiding officer.
57	57	Sec. 38.204. ADVISORY COMMITTEE: COMPENSATION AND
58	58	EXPENSES. Members of the advisory committee serve without
59	59	compensation but are entitled to reimbursement for travel expenses.
60	60	Sec. 38.205. ADVISORY COMMITTEE: APPLICABILITY OF OTHER
61	61	LAW. Chapter 2110, Government Code, does not apply to the advisory
62	62	committee.
63	63	Sec. 38.206. ADVISORY COMMITTEE: OPEN MEETINGS. Meetings
64	64	of the advisory committee are subject to Chapter 551, Government
65	65	Code.
66	66	Sec. 38.207. ADVISORY COMMITTEE: DUTIES. The advisory
67	67	committee shall advise the commissioner of state health services
68	68	on:
69	69	(1) the storage and maintenance of epinephrine
70	70	auto-injectors on school campuses;
71	71	(2) the training of school personnel and school
72	72	volunteers in the administration of an epinephrine auto-injector;
73	73	and
74	74	(3) a plan for one or more school personnel members or
75	75	school volunteers trained in the administration of an epinephrine
76	76	auto-injector to be on each school campus.
77	77	Sec. 38.208. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE
78	78	AUTO-INJECTORS. (a) Each school district and open-enrollment
79	79	charter school may adopt and implement a policy regarding the
80	80	maintenance, administration, and disposal of epinephrine
81	81	auto-injectors at each campus in the district or school.
82	82	(b) If a policy is adopted under Subsection (a), the policy:
83	83	(1) must provide that school personnel and school
84	84	volunteers who are authorized and trained may administer an
85	85	epinephrine auto-injector to a person who is reasonably believed to
86	86	be experiencing anaphylaxis on a school campus; and
87	87	(2) may provide that school personnel and school
88	88	volunteers who are authorized and trained may administer an
89	89	epinephrine auto-injector to a person who is reasonably believed to
90	90	be experiencing anaphylaxis at an off-campus school event or while
91	91	in transit to or from a school event.
92	92	(c) The commissioner of state health services, in
93	93	consultation with the commissioner of education, and with advice
94	94	from the advisory committee, shall adopt rules regarding the
95	95	maintenance, administration, and disposal of an epinephrine
96	96	auto-injector at a school campus subject to a policy adopted under
97	97	Subsection (a). The rules must establish:
98	98	(1) the number of epinephrine auto-injectors
99	99	available at each campus;
100	100	(2) the process for each school district and
101	101	open-enrollment charter school to check the inventory of
102	102	epinephrine auto-injectors at regular intervals for expiration and
103	103	replacement; and
104	104	(3) the amount of training required for school
105	105	personnel and school volunteers to administer an epinephrine
106	106	auto-injector.
107	107	(d) Each school district and open-enrollment charter school
108	108	that adopts a policy under Subsection (a) must require that each
109	109	campus have one or more school personnel members or school
110	110	volunteers authorized and trained to administer an epinephrine
111	111	auto-injector present during all hours the campus is open.
112	112	(e) The supply of epinephrine auto-injectors at each campus
113	113	must be stored in a secure location and be easily accessible to
114	114	school personnel and school volunteers authorized and trained to
115	115	administer an epinephrine auto-injector.
116	116	Sec. 38.209. REPORT ON ADMINISTERING EPINEPHRINE
117	117	AUTO-INJECTOR. (a) Not later than the 10th business day after the
118	118	date a school personnel member or school volunteer administers an
119	119	epinephrine auto-injector in accordance with a policy adopted under
120	120	Section 38.208(a), the school shall report the information required
121	121	under Subsection (b) to:
122	122	(1) the school district or the charter holder if the
123	123	school is an open-enrollment charter school;
124	124	(2) the physician or other person who prescribed the
125	125	epinephrine auto-injector;
126	126	(3) the commissioner of education; and
127	127	(4) the commissioner of state health services.
128	128	(b) The report required under this section must include the
129	129	following information:
130	130	(1) the age of the person who received the
131	131	administration of the epinephrine auto-injector;
132	132	(2) whether the person who received the administration
133	133	of the epinephrine auto-injector was a student, a school personnel
134	134	member or school volunteer, or a visitor;
135	135	(3) the physical location where the epinephrine
136	136	auto-injector was administered;
137	137	(4) the number of doses of epinephrine auto-injector
138	138	administered;
139	139	(5) the title of the person who administered the
140	140	epinephrine auto-injector; and
141	141	(6) any other information required by the commissioner
142	142	of education.
143	143	Sec. 38.210. TRAINING. (a) Each school district and
144	144	open-enrollment charter school that adopts a policy under Section
145	145	38.208(a) is responsible for training school personnel and school
146	146	volunteers in the administration of an epinephrine auto-injector.
147	147	(b) Training required under this section must:
148	148	(1) include information on:
149	149	(A) recognizing the signs and symptoms of
150	150	anaphylaxis;
151	151	(B) administering an epinephrine auto-injector;
152	152	(C) implementing emergency procedures, if
153	153	necessary, after administering an epinephrine auto-injector; and
154	154	(D) properly disposing of used or expired
155	155	epinephrine auto-injectors; and
156	156	(2) be provided in a formal training session or
157	157	through online education and be completed annually.
158	158	(c) Each school district and open-enrollment charter school
159	159	shall maintain records on the training required under this section.
160	160	Sec. 38.211. PRESCRIPTION OF EPINEPHRINE AUTO-INJECTORS.
161	161	(a) A physician or person who has been delegated prescriptive
162	162	authority under Chapter 157, Occupations Code, may prescribe
163	163	epinephrine auto-injectors in the name of a school district or
164	164	open-enrollment charter school.
165	165	(b) A physician or other person who prescribes epinephrine
166	166	auto-injectors under Subsection (a) shall provide the school
167	167	district or open-enrollment charter school with a standing order
168	168	for the administration of an epinephrine auto-injector to a person
169	169	reasonably believed to be experiencing anaphylaxis.
170	170	(c) The standing order under Subsection (b) is not required
171	171	to be patient-specific, and the epinephrine auto-injector may be
172	172	administered to a person without a previously established
173	173	physician-patient relationship.
174	174	(d) Notwithstanding any other provisions of law,
175	175	supervision or delegation by a physician is considered adequate if
176	176	the physician:
177	177	(1) periodically reviews the order; and
178	178	(2) is available through direct telecommunication as
179	179	needed for consultation, assistance, and direction.
180	180	(e) An order issued under this section must contain:
181	181	(1) the name and signature of the prescribing
182	182	physician or other person;
183	183	(2) the name of the school district or open-enrollment
184	184	charter school to which the order is issued;
185	185	(3) the quantity of epinephrine auto-injectors to be
186	186	obtained and maintained under the order; and
187	187	(4) the date of issue.
188	188	(f) A pharmacist may dispense an epinephrine auto-injector
189	189	to a school district or open-enrollment charter school without
190	190	requiring the name or any other identifying information relating to
191	191	the user.
192	192	Sec. 38.212. NOTICE TO PARENTS. If a school district or
193	193	open-enrollment charter school implements a policy under this
194	194	subchapter for the maintenance, administration, and disposal of
195	195	epinephrine auto-injectors, the district or school shall provide
196	196	written notice to a parent or guardian of each student enrolled in
197	197	the district or school. Notice required under this section must be
198	198	provided before the policy is implemented by the district or school
199	199	and before the start of each school year.
200	200	Sec. 38.213. GIFTS, GRANTS, AND DONATIONS. A school
201	201	district or open-enrollment charter school may accept gifts,
202	202	grants, donations, and federal and local funds to implement this
203	203	subchapter.
204	204	Sec. 38.214. RULES. Except as otherwise provided by this
205	205	subchapter, the commissioner of education and the commissioner of
206	206	state health services shall jointly adopt rules necessary to
207	207	implement this subchapter.
208	208	Sec. 38.215. IMMUNITY FROM LIABILITY. (a) A person who in
209	209	good faith takes, or fails to take, any action under this subchapter
210	210	is immune from civil or criminal liability or disciplinary action
211	211	resulting from that action or failure to act, including:
212	212	(1) issuing an order for epinephrine auto-injectors;
213	213	(2) supervising or delegating the administration of an
214	214	epinephrine auto-injector;
215	215	(3) possessing, maintaining, storing, or disposing of
216	216	an epinephrine auto-injector;
217	217	(4) prescribing an epinephrine auto-injector;
218	218	(5) dispensing an epinephrine auto-injector;
219	219	(6) administering, or assisting in administering, an
220	220	epinephrine auto-injector;
221	221	(7) providing, or assisting in providing, training,
222	222	consultation, or advice in the development, adoption, or
223	223	implementation of policies, guidelines, rules, or plans; or
224	224	(8) undertaking any other act permitted or required
225	225	under this subchapter.
226	226	(b) The immunities and protections provided by this
227	227	subchapter are in addition to other immunities or limitations of
228	228	liability provided by law.
229	229	(c) Notwithstanding any other law, this subchapter does not
230	230	create a civil, criminal, or administrative cause of action or
231	231	liability or create a standard of care, obligation, or duty that
232	232	provides a basis for a cause of action for an act or omission under
233	233	this subchapter.
234	234	(d) A cause of action does not arise from an act or omission
235	235	described by this section.
236	236	(e) A school district or open-enrollment charter school and
237	237	school personnel and school volunteers are immune from suit
238	238	resulting from an act, or failure to act, under this subchapter,
239	239	including an act or failure to act under related policies and
240	240	procedures.
241	241	(f) An act or failure to act by school personnel or a school
242	242	volunteer under this subchapter, including an act or failure to act
243	243	under related policies and procedures, is the exercise of judgment
244	244	or discretion on the part of the school personnel or school
245	245	volunteer and is not considered to be a ministerial act for purposes
246	246	of liability of the school district or open-enrollment charter
247	247	school.
248	248	SECTION 2. Section 38.0151, Education Code, is amended by
249	249	adding Subsection (f) to read as follows:
250	250	(f) A school district or open-enrollment charter school
251	251	that provides for the maintenance, administration, and disposal of
252	252	epinephrine auto-injectors under Subchapter E is not required to
253	253	comply with this section.
254	254	SECTION 3. This Act applies beginning with the 2015-2016
255	255	school year.
256	256	SECTION 4. This Act takes effect immediately if it receives
257	257	a vote of two-thirds of all the members elected to each house, as
258	258	provided by Section 39, Article III, Texas Constitution. If this
259	259	Act does not receive the vote necessary for immediate effect, this
260	260	Act takes effect September 1, 2015.