84R23316 MEW-F
By: Crownover, Aycock, Herrero, Farney, H.B. No. 2847
Zerwas
Substitute the following for H.B. No. 2847:
By: Aycock C.S.H.B. No. 2847
A BILL TO BE ENTITLED
AN ACT
relating to policies and training regarding the use of epinephrine
auto-injectors by school districts and open-enrollment charter
schools; providing immunity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Education Code, is amended by adding
Subchapter E to read as follows:
SUBCHAPTER E. MAINTENANCE, ADMINISTRATION, AND DISPOSAL OF
EPINEPHRINE AUTO-INJECTORS
Sec. 38.201. DEFINITIONS. In this subchapter:
(1) "Advisory committee" means the committee
established under Section 38.202.
(2) "Anaphylaxis" means a sudden, severe, and
potentially life-threatening allergic reaction that occurs when a
person is exposed to an allergen.
(3) "Epinephrine auto-injector" means a disposable
medical drug delivery device that contains a premeasured single
dose of epinephrine that is intended to be used to treat
anaphylaxis.
(4) "Physician" means a person who holds a license to
practice medicine in this state.
(5) "School personnel" means an employee of a school
district or open-enrollment charter school. The term includes a
member of the board of trustees of a school district or the
governing body of an open-enrollment charter school.
Sec. 38.202. ADVISORY COMMITTEE: ESTABLISHMENT AND
COMPOSITION. (a) The commissioner of state health services shall
establish an advisory committee to examine and review the
administration of epinephrine auto-injectors to a person
experiencing an anaphylactic reaction on a campus of a school
district or an open-enrollment charter school.
(b) The advisory committee shall be composed of members
appointed by the commissioner of state health services. In making
appointments, the commissioner shall ensure that:
(1) a majority of the members are physicians with
expertise in treating anaphylaxis, including physicians who
specialize in the fields of pediatrics, allergies, asthma, and
immunology; and
(2) at least one member is a registered nurse employed
by a school district or open-enrollment charter school as a school
nurse.
(c) A member of the advisory committee serves at the
pleasure of the commissioner of state health services.
(d) A vacancy on the advisory committee is filled by the
commissioner of state health services in the same manner as other
appointments to the advisory committee.
Sec. 38.203. ADVISORY COMMITTEE: PRESIDING OFFICER. The
advisory committee shall elect a presiding officer.
Sec. 38.204. ADVISORY COMMITTEE: COMPENSATION AND
EXPENSES. Members of the advisory committee serve without
compensation but are entitled to reimbursement for travel expenses.
Sec. 38.205. ADVISORY COMMITTEE: APPLICABILITY OF OTHER
LAW. Chapter 2110, Government Code, does not apply to the advisory
committee.
Sec. 38.206. ADVISORY COMMITTEE: OPEN MEETINGS. Meetings
of the advisory committee are subject to Chapter 551, Government
Code.
Sec. 38.207. ADVISORY COMMITTEE: DUTIES. The advisory
committee shall advise the commissioner of state health services
on:
(1) the storage and maintenance of epinephrine
auto-injectors on school campuses;
(2) the training of school personnel and school
volunteers in the administration of an epinephrine auto-injector;
and
(3) a plan for one or more school personnel members or
school volunteers trained in the administration of an epinephrine
auto-injector to be on each school campus.
Sec. 38.208. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE
AUTO-INJECTORS. (a) Each school district and open-enrollment
charter school may adopt and implement a policy regarding the
maintenance, administration, and disposal of epinephrine
auto-injectors at each campus in the district or school.
(b) If a policy is adopted under Subsection (a), the policy:
(1) must provide that school personnel and school
volunteers who are authorized and trained may administer an
epinephrine auto-injector to a person who is reasonably believed to
be experiencing anaphylaxis on a school campus; and
(2) may provide that school personnel and school
volunteers who are authorized and trained may administer an
epinephrine auto-injector to a person who is reasonably believed to
be experiencing anaphylaxis at an off-campus school event or while
in transit to or from a school event.
(c) The commissioner of state health services, in
consultation with the commissioner of education, and with advice
from the advisory committee, shall adopt rules regarding the
maintenance, administration, and disposal of an epinephrine
auto-injector at a school campus subject to a policy adopted under
Subsection (a). The rules must establish:
(1) the number of epinephrine auto-injectors
available at each campus;
(2) the process for each school district and
open-enrollment charter school to check the inventory of
epinephrine auto-injectors at regular intervals for expiration and
replacement; and
(3) the amount of training required for school
personnel and school volunteers to administer an epinephrine
auto-injector.
(d) Each school district and open-enrollment charter school
that adopts a policy under Subsection (a) must require that each
campus have one or more school personnel members or school
volunteers authorized and trained to administer an epinephrine
auto-injector present during all hours the campus is open.
(e) The supply of epinephrine auto-injectors at each campus
must be stored in a secure location and be easily accessible to
school personnel and school volunteers authorized and trained to
administer an epinephrine auto-injector.
Sec. 38.209. REPORT ON ADMINISTERING EPINEPHRINE
AUTO-INJECTOR. (a) Not later than the 10th business day after the
date a school personnel member or school volunteer administers an
epinephrine auto-injector in accordance with a policy adopted under
Section 38.208(a), the school shall report the information required
under Subsection (b) to:
(1) the school district or the charter holder if the
school is an open-enrollment charter school;
(2) the physician or other person who prescribed the
epinephrine auto-injector;
(3) the commissioner of education; and
(4) the commissioner of state health services.
(b) The report required under this section must include the
following information:
(1) the age of the person who received the
administration of the epinephrine auto-injector;
(2) whether the person who received the administration
of the epinephrine auto-injector was a student, a school personnel
member or school volunteer, or a visitor;
(3) the physical location where the epinephrine
auto-injector was administered;
(4) the number of doses of epinephrine auto-injector
administered;
(5) the title of the person who administered the
epinephrine auto-injector; and
(6) any other information required by the commissioner
of education.
Sec. 38.210. TRAINING. (a) Each school district and
open-enrollment charter school that adopts a policy under Section
38.208(a) is responsible for training school personnel and school
volunteers in the administration of an epinephrine auto-injector.
(b) Training required under this section must:
(1) include information on:
(A) recognizing the signs and symptoms of
anaphylaxis;
(B) administering an epinephrine auto-injector;
(C) implementing emergency procedures, if
necessary, after administering an epinephrine auto-injector; and
(D) properly disposing of used or expired
epinephrine auto-injectors; and
(2) be provided in a formal training session or
through online education and be completed annually.
(c) Each school district and open-enrollment charter school
shall maintain records on the training required under this section.
Sec. 38.211. PRESCRIPTION OF EPINEPHRINE AUTO-INJECTORS.
(a) A physician or person who has been delegated prescriptive
authority under Chapter 157, Occupations Code, may prescribe
epinephrine auto-injectors in the name of a school district or
open-enrollment charter school.
(b) A physician or other person who prescribes epinephrine
auto-injectors under Subsection (a) shall provide the school
district or open-enrollment charter school with a standing order
for the administration of an epinephrine auto-injector to a person
reasonably believed to be experiencing anaphylaxis.
(c) The standing order under Subsection (b) is not required
to be patient-specific, and the epinephrine auto-injector may be
administered to a person without a previously established
physician-patient relationship.
(d) Notwithstanding any other provisions of law,
supervision or delegation by a physician is considered adequate if
the physician:
(1) periodically reviews the order; and
(2) is available through direct telecommunication as
needed for consultation, assistance, and direction.
(e) An order issued under this section must contain:
(1) the name and signature of the prescribing
physician or other person;
(2) the name of the school district or open-enrollment
charter school to which the order is issued;
(3) the quantity of epinephrine auto-injectors to be
obtained and maintained under the order; and
(4) the date of issue.
(f) A pharmacist may dispense an epinephrine auto-injector
to a school district or open-enrollment charter school without
requiring the name or any other identifying information relating to
the user.
Sec. 38.212. NOTICE TO PARENTS. If a school district or
open-enrollment charter school implements a policy under this
subchapter for the maintenance, administration, and disposal of
epinephrine auto-injectors, the district or school shall provide
written notice to a parent or guardian of each student enrolled in
the district or school. Notice required under this section must be
provided before the policy is implemented by the district or school
and before the start of each school year.
Sec. 38.213. GIFTS, GRANTS, AND DONATIONS. A school
district or open-enrollment charter school may accept gifts,
grants, donations, and federal and local funds to implement this
subchapter.
Sec. 38.214. RULES. Except as otherwise provided by this
subchapter, the commissioner of education and the commissioner of
state health services shall jointly adopt rules necessary to
implement this subchapter.
Sec. 38.215. IMMUNITY FROM LIABILITY. (a) A person who in
good faith takes, or fails to take, any action under this subchapter
is immune from civil or criminal liability or disciplinary action
resulting from that action or failure to act, including:
(1) issuing an order for epinephrine auto-injectors;
(2) supervising or delegating the administration of an
epinephrine auto-injector;
(3) possessing, maintaining, storing, or disposing of
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, guidelines, rules, or plans; or
(8) undertaking any other act permitted or required
under this subchapter.
(b) The immunities and protections provided by this
subchapter are in addition to other immunities or limitations of
liability provided by law.
(c) Notwithstanding any other law, this subchapter does not
create a civil, criminal, or administrative cause of action or
liability or create a standard of care, obligation, or duty that
provides a basis for a cause of action for an act or omission under
this subchapter.
(d) A cause of action does not arise from an act or omission
described by this section.
(e) A school district or open-enrollment charter school and
school personnel and school volunteers are immune from suit
resulting from an act, or failure to act, under this subchapter,
including an act or failure to act under related policies and
procedures.
(f) An act or failure to act by school personnel or a school
volunteer under this subchapter, including an act or failure to act
under related policies and procedures, is the exercise of judgment
or discretion on the part of the school personnel or school
volunteer and is not considered to be a ministerial act for purposes
of liability of the school district or open-enrollment charter
school.
SECTION 2. Section 38.0151, Education Code, is amended by
adding Subsection (f) to read as follows:
(f) A school district or open-enrollment charter school
that provides for the maintenance, administration, and disposal of
epinephrine auto-injectors under Subchapter E is not required to
comply with 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.