By: Zaffirini S.B. No. 28
(In the Senate - Filed November 10, 2014; January 26, 2015,
read first time and referred to Committee on State Affairs;
April 15, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 15, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 28 By: Zaffirini
A BILL TO BE ENTITLED
AN ACT
relating to immunity from liability for public and open-enrollment
charter school campuses that maintain a supply of epinephrine
auto-injectors for emergency use.
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 OF EPINEPHRINE AUTO-INJECTOR SUPPLY.
SECTION 2. Section 38.0151, Education Code, is amended by
adding Subsections (b-1), (b-2), and (d-1) 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 epinephrine
auto-injectors that may be administered to a person on campus or at
an off-campus school-sanctioned event experiencing an anaphylactic
reaction. For epinephrine auto-injectors to satisfy this
subsection, the auto-injectors may not have expiration dates that
have passed.
(b-2) The administration of an epinephrine auto-injector in
accordance with the requirements of this section does not
constitute the unlawful practice of any health care profession.
(d) This section does not:
(1) waive any [liability or] immunity from liability
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;
(3) waive any immunity from liability under Section
74.151, Civil Practice and Remedies Code, including immunity from
liability to which a school district, open-enrollment charter
school, or district or school employee is entitled under that
section for an act associated with the administration of an
epinephrine auto-injector to a person on campus or at an off-campus
school-sanctioned event experiencing an anaphylactic reaction; or
(4) create any liability or standard of care for or a
cause of action against a governmental entity or its officers or
employees who in good faith administer or fail to administer an
epinephrine auto-injector unless the act is wilfully or wantonly
negligent.
(d-1) A person who in good faith prescribes, dispenses, or
administers a non-patient specific epinephrine auto-injector or
provides training, advice, or supervision on the use of an
epinephrine auto-injector is immune from liability in a criminal,
civil, disciplinary, or administrative action, including immunity
from liability for civil damages, resulting from that action or
failure to act.
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, 2015.
* * * * *