| 1 | | - | By: Zaffirini S.B. No. 28 |
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| 2 | | - | (In the Senate - Filed November 10, 2014; January 26, 2015, |
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| 3 | | - | read first time and referred to Committee on State Affairs; |
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| 4 | | - | April 15, 2015, reported adversely, with favorable Committee |
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| 5 | | - | Substitute by the following vote: Yeas 9, Nays 0; April 15, 2015, |
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| 6 | | - | sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 8 | | - | COMMITTEE SUBSTITUTE FOR S.B. No. 28 By: Zaffirini |
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| 1 | + | By: Zaffirini, Hinojosa S.B. No. 28 |
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| 9 | 2 | | |
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| 10 | 3 | | |
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| 11 | 4 | | A BILL TO BE ENTITLED |
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| 12 | 5 | | AN ACT |
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| 13 | 6 | | relating to immunity from liability for public and open-enrollment |
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| 14 | 7 | | charter school campuses that maintain a supply of epinephrine |
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| 15 | 8 | | auto-injectors for emergency use. |
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| 16 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 17 | 10 | | SECTION 1. The heading to Section 38.0151, Education Code, |
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| 18 | 11 | | is amended to read as follows: |
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| 19 | 12 | | Sec. 38.0151. POLICIES FOR CARE OF CERTAIN STUDENTS AT RISK |
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| 20 | 13 | | FOR ANAPHYLAXIS; MAINTENANCE OF EPINEPHRINE AUTO-INJECTOR SUPPLY. |
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| 21 | 14 | | SECTION 2. Section 38.0151, Education Code, is amended by |
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| 24 | 17 | | (b-1) Each school district and open-enrollment charter |
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| 25 | 18 | | school may maintain at each campus a supply of epinephrine |
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| 26 | 19 | | auto-injectors that may be administered to a person on campus or at |
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| 27 | 20 | | an off-campus school-sanctioned event experiencing an anaphylactic |
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| 28 | 21 | | reaction. For epinephrine auto-injectors to satisfy this |
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| 29 | 22 | | subsection, the auto-injectors may not have expiration dates that |
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| 30 | 23 | | have passed. |
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| 31 | 24 | | (b-2) The administration of an epinephrine auto-injector in |
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| 32 | 25 | | accordance with the requirements of this section does not |
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| 33 | 26 | | constitute the unlawful practice of any health care profession. |
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| 34 | 27 | | (d) This section does not: |
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| 35 | 28 | | (1) waive any [liability or] immunity from liability |
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| 36 | 29 | | of a governmental entity or its officers or employees; [or] |
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| 37 | 30 | | (2) create any liability for or a cause of action |
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| 38 | 31 | | against a governmental entity or its officers or employees; |
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| 39 | 32 | | (3) waive any immunity from liability under Section |
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| 40 | 33 | | 74.151, Civil Practice and Remedies Code, including immunity from |
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| 41 | 34 | | liability to which a school district, open-enrollment charter |
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| 42 | 35 | | school, or district or school employee is entitled under that |
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| 43 | 36 | | section for an act associated with the administration of an |
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| 44 | 37 | | epinephrine auto-injector to a person on campus or at an off-campus |
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| 45 | 38 | | school-sanctioned event experiencing an anaphylactic reaction; or |
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| 46 | 39 | | (4) create any liability or standard of care for or a |
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| 47 | 40 | | cause of action against a governmental entity or its officers or |
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| 48 | 41 | | employees who in good faith administer or fail to administer an |
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| 49 | 42 | | epinephrine auto-injector unless the act is wilfully or wantonly |
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| 50 | 43 | | negligent. |
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| 51 | 44 | | (d-1) A person who in good faith prescribes, dispenses, or |
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| 52 | 45 | | administers a non-patient specific epinephrine auto-injector or |
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| 53 | 46 | | provides training, advice, or supervision on the use of an |
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| 54 | 47 | | epinephrine auto-injector is immune from liability in a criminal, |
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| 55 | 48 | | civil, disciplinary, or administrative action, including immunity |
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| 56 | 49 | | from liability for civil damages, resulting from that action or |
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| 57 | 50 | | failure to act. |
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