Texas 2015 84th Regular

Texas Senate Bill SB28 Engrossed / Bill

Filed 04/22/2015

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                    By: Zaffirini, Hinojosa S.B. No. 28


 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), (d-1), and (f) 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.
 (f)  If a school district or open-enrollment charter school
 maintains a supply of epinephrine auto-injectors as provided by
 Subsection (b-1), 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 subsection must be
 provided before the district or school obtains a supply of
 epinephrine auto-injectors and before the start of each 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, 2015.