Texas 2015 - 84th Regular

Texas Senate Bill SB66 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	By: Hinojosa S.B. No. 66
2		-	(Crownover, Herrero)
	1	+	S.B. No. 66
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the use of epinephrine auto-injectors on public school
8	6		and open-enrollment charter school campuses and at or in transit to
9	7		or from off-campus school events.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. This Act shall be known as the Cameron Espinosa
12	10		Act.
13	11		SECTION 2. Chapter 38, Education Code, is amended by adding
14	12		Subchapter E to read as follows:
15		-	SUBCHAPTER E. MAINTENANCE AND ~~ADMINISTRATION~~ OF ~~EPINEPHRINE~~
16		-	AUTO-INJECTORS
	13	+	SUBCHAPTER E. MAINTENANCE, ADMINISTRATION, AND DISPOSAL OF
	14	+	EPINEPHRINE AUTO-INJECTORS
17	15		Sec. 38.201. DEFINITIONS. In this subchapter:
18	16		(1) "Advisory committee" means the committee
19	17		established under Section 38.202.
20	18		(2) "Anaphylaxis" means a sudden, severe, and
21	19		potentially life-threatening allergic reaction that occurs when a
22	20		person is exposed to an allergen.
23	21		(3) "Epinephrine auto-injector" means a disposable
24	22		medical drug delivery device that contains a premeasured single
25	23		dose of epinephrine that is intended to be used to treat
26	24		anaphylaxis.
27	25		(4) "Physician" means a person who holds a license to
28	26		practice medicine in this state.
	27	+	(5) "School personnel" means an employee of a school
	28	+	district or open-enrollment charter school. The term includes a
	29	+	member of the board of trustees of a school district or the
	30	+	governing body of an open-enrollment charter school.
29	31		Sec. 38.202. ADVISORY COMMITTEE: ESTABLISHMENT AND
30	32		COMPOSITION. (a) The commissioner of state health services shall
31		-	establish an advisory committee to examine and review:
32		-	(1) the administration of epinephrine auto-injectors
33		-	on a person experiencing an anaphylactic reaction on a campus of a
34		-	school district or an open-enrollment charter school or at or in
35		-	transit to or from an off-campus school event; and
36		-	(2) the maintenance and disposal of epinephrine
37		-	auto-injectors by a school district or an open-enrollment charter
38		-	school.
	33	+	establish an advisory committee to examine and review the
	34	+	administration of epinephrine auto-injectors to a person
	35	+	experiencing an anaphylactic reaction on a campus of a school
	36	+	district or an open-enrollment charter school.
39	37		(b) The advisory committee shall be composed of members
40	38		appointed by the commissioner of state health services. In making
41	39		appointments, the commissioner shall ensure that:
42	40		(1) a majority of the members are physicians with
43	41		expertise in treating anaphylaxis, including physicians who
44	42		specialize in the fields of pediatrics, allergies, asthma, and
45	43		immunology; and
46	44		(2) at least one member is a registered nurse employed
47	45		by a school district or open-enrollment charter school as a school
48	46		nurse.
49	47		(c) A member of the advisory committee serves at the
50	48		pleasure of the commissioner of state health services.
51	49		(d) A vacancy on the advisory committee is filled by the
52	50		commissioner of state health services in the same manner as other
53	51		appointments to the advisory committee.
54	52		Sec. 38.203. ADVISORY COMMITTEE: PRESIDING OFFICER. The
55	53		advisory committee shall elect a presiding officer.
56	54		Sec. 38.204. ADVISORY COMMITTEE: COMPENSATION AND
57	55		EXPENSES. Members of the advisory committee serve without
58	56		compensation but are entitled to reimbursement for travel expenses.
59	57		Sec. 38.205. ADVISORY COMMITTEE: APPLICABILITY OF OTHER
60	58		LAW. Chapter 2110, Government Code, does not apply to the advisory
61	59		committee.
62	60		Sec. 38.206. ADVISORY COMMITTEE: OPEN MEETINGS. Meetings
63	61		of the advisory committee are subject to Chapter 551, Government
64	62		Code.
65	63		Sec. 38.207. ADVISORY COMMITTEE: DUTIES. The advisory
66	64		committee shall advise the commissioner of state health services
67	65		on:
68		-	(1) the storage of epinephrine auto-injectors on
69		-	school campuses;
70		-	(2) the maintenance of epinephrine auto-injectors
71		-	while in transit to or from an off-campus school event;
72		-	(3) the training of school personnel in the
73		-	administration of an epinephrine auto-injector; and
74		-	(4) a plan for one or more school personnel members
75		-	trained in the administration of an epinephrine auto-injector to be
76		-	on each school campus.
	66	+	(1) the storage and maintenance of epinephrine
	67	+	auto-injectors on school campuses;
	68	+	(2) the training of school personnel and school
	69	+	volunteers in the administration of an epinephrine auto-injector;
	70	+	and
	71	+	(3) a plan for one or more school personnel members or
	72	+	school volunteers trained in the administration of an epinephrine
	73	+	auto-injector to be on each school campus.
77	74		Sec. 38.208. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE
78	75		AUTO-INJECTORS. (a) Each school district and open-enrollment
79		-	charter school ~~shall~~ adopt and implement a policy ~~requiring~~ the
	76	+	charter school may adopt and implement a policy regarding the
80	77		maintenance, administration, and disposal of epinephrine
81	78		auto-injectors at each campus in the district or school.
82		-	(b) The policy adopted under Subsection (a) must provide
83		-	that school personnel who are authorized and trained may administer
84		-	an epinephrine auto-injector to a person who is reasonably believed
85		-	to be experiencing anaphylaxis on a school campus or at an
86		-	off-campus school event.
	79	+	(b) If a policy is adopted under Subsection (a), the policy:
	80	+	(1) must provide that school personnel and school
	81	+	volunteers who are authorized and trained may administer an
	82	+	epinephrine auto-injector to a person who is reasonably believed to
	83	+	be experiencing anaphylaxis on a school campus; and
	84	+	(2) may provide that school personnel and school
	85	+	volunteers who are authorized and trained may administer an
	86	+	epinephrine auto-injector to a person who is reasonably believed to
	87	+	be experiencing anaphylaxis at an off-campus school event or while
	88	+	in transit to or from a school event.
87	89		(c) The commissioner of state health services, in
88	90		consultation with the commissioner of education, and with advice
89	91		from the advisory committee, shall adopt rules regarding the
90	92		maintenance, administration, and disposal of an epinephrine
91		-	auto-injector at a school campus or while students are at an
92		-	off-campus school event or in transit to or from an off-campus
93		-	school event. The rules must establish:
	93	+	auto-injector at a school campus subject to a policy adopted under
	94	+	Subsection (a). The rules must establish:
94	95		(1) the number of epinephrine auto-injectors
95		-	available:
96		-	(A) at each campus; and
97		-	(B) while students are at an off-campus school
98		-	event or in transit to or from an off-campus school event;
	96	+	available at each campus;
99	97		(2) the process for each school district and
100	98		open-enrollment charter school to check the inventory of
101	99		epinephrine auto-injectors at regular intervals for expiration and
102	100		replacement; and
103	101		(3) the amount of training required for school
104		-	personnel to administer an epinephrine auto-injector.
	102	+	personnel and school volunteers to administer an epinephrine
	103	+	auto-injector.
105	104		(d) Each school district and open-enrollment charter school
106		-	must have a plan requiring that each campus have one or more school
107		-	personnel members authorized and trained to administer an
108		-	epinephrine auto-injector present during all hours the campus is
109		-	open.
110		-	(e) The supply of epinephrine auto-injectors must:
111		-	(1) be stored in a secure location on campus and
112		-	securely maintained while at an off-campus school event or in
113		-	transit to or from an off-campus school event; and
114		-	(2) be easily accessible to school personnel
115		-	authorized and trained to administer an epinephrine auto-injector.
	105	+	that adopts a policy under Subsection (a) must require that each
	106	+	campus have one or more school personnel members or school
	107	+	volunteers authorized and trained to administer an epinephrine
	108	+	auto-injector present during all hours the campus is open.
	109	+	(e) The supply of epinephrine auto-injectors at each campus
	110	+	must be stored in a secure location and be easily accessible to
	111	+	school personnel and school volunteers authorized and trained to
	112	+	administer an epinephrine auto-injector.
116	113		Sec. 38.209. REPORT ON ADMINISTERING EPINEPHRINE
117	114		AUTO-INJECTOR. (a) Not later than the 10th business day after the
118		-	date a school personnel member administers an epinephrine
119		-	auto-injector, the school shall report the information required
	115	+	date a school personnel member or school volunteer administers an
	116	+	epinephrine auto-injector in accordance with a policy adopted under
	117	+	Section 38.208(a), the school shall report the information required
120	118		under Subsection (b) to:
121	119		(1) the school district or the charter holder if the
122	120		school is an open-enrollment charter school;
123		-	(2) the physician who prescribed the ~~epinephrine~~
124		-	auto-injector;
	121	+	(2) the physician or other person who prescribed the
	122	+	epinephrine auto-injector;
125	123		(3) the commissioner of education; and
126	124		(4) the commissioner of state health services.
127	125		(b) The report required under this section must include the
128	126		following information:
129	127		(1) the age of the person who received the
130	128		administration of the epinephrine auto-injector;
131	129		(2) whether the person who received the administration
132	130		of the epinephrine auto-injector was a student, a school personnel
133		-	member, or a visitor;
	131	+	member or school volunteer, or a visitor;
134	132		(3) the physical location where the epinephrine
135	133		auto-injector was administered;
136	134		(4) the number of doses of epinephrine auto-injector
137	135		administered;
138	136		(5) the title of the person who administered the
139	137		epinephrine auto-injector; and
140	138		(6) any other information required by the commissioner
141	139		of education.
142	140		Sec. 38.210. TRAINING. (a) Each school district and
143		-	open-enrollment charter school is responsible for training school
144		-	personnel in the administration of an epinephrine auto-injector.
	141	+	open-enrollment charter school that adopts a policy under Section
	142	+	38.208(a) is responsible for training school personnel and school
	143	+	volunteers in the administration of an epinephrine auto-injector.
145	144		(b) Training required under this section must:
146	145		(1) include information on:
147	146		(A) recognizing the signs and symptoms of
148	147		anaphylaxis;
149	148		(B) administering an epinephrine auto-injector;
150	149		(C) implementing emergency procedures, if
151	150		necessary, after administering an epinephrine auto-injector; and
152	151		(D) properly disposing of used or expired
153	152		epinephrine auto-injectors; and
154	153		(2) be provided in a formal training session or
155	154		through online education and be completed annually.
156	155		(c) Each school district and open-enrollment charter school
157	156		shall maintain records on the training required under this section.
158		-	(d) School personnel who have received training under this
159		-	section, in accordance with the provisions of this subchapter, may:
160		-	(1) take an epinephrine auto-injector from a location
161		-	described by Section 38.208(e)(1); and
162		-	(2) administer the epinephrine auto-injector.
163	157		Sec. 38.211. PRESCRIPTION OF EPINEPHRINE AUTO-INJECTORS.
164		-	(a) A physician may prescribe epinephrine auto-injectors in the
165		-	name of a school district or open-enrollment charter school.
166		-	(b) The physician shall provide the school district or
167		-	open-enrollment charter school with a standing order for the
168		-	administration of an epinephrine auto-injector to a person
	158	+	(a) A physician or person who has been delegated prescriptive
	159	+	authority under Chapter 157, Occupations Code, may prescribe
	160	+	epinephrine auto-injectors in the name of a school district or
	161	+	open-enrollment charter school.
	162	+	(b) A physician or other person who prescribes epinephrine
	163	+	auto-injectors under Subsection (a) shall provide the school
	164	+	district or open-enrollment charter school with a standing order
	165	+	for the administration of an epinephrine auto-injector to a person
169	166		reasonably believed to be experiencing anaphylaxis.
170	167		(c) The standing order under Subsection (b) is not required
171	168		to be patient-specific, and the epinephrine auto-injector may be
172	169		administered to a person without a previously established
173	170		physician-patient relationship.
174	171		(d) Notwithstanding any other provisions of law,
175	172		supervision or delegation by a physician is considered adequate if
176	173		the physician:
177	174		(1) periodically reviews the order; and
178	175		(2) is available through direct telecommunication as
179	176		needed for consultation, assistance, and direction.
180	177		(e) An order issued under this section must contain:
181	178		(1) the name and signature of the prescribing
182		-	physician;
	179	+	physician or other person;
183	180		(2) the name of the school district or open-enrollment
184	181		charter school to which the order is issued;
185	182		(3) the quantity of epinephrine auto-injectors to be
186	183		obtained and maintained under the order; and
187	184		(4) the date of issue.
188	185		(f) A pharmacist may dispense an epinephrine auto-injector
189	186		to a school district or open-enrollment charter school without
190	187		requiring the name or any other identifying information relating to
191	188		the user.
192		-	Sec. 38.212. FUNDING. (a) A school district or
193		-	open-enrollment charter school is required to comply with this
194		-	subchapter only if sufficient funds are available.
195		-	(b) A school district or open-enrollment charter school may
196		-	accept gifts, grants, donations, and federal and local funds to
197		-	implement this subchapter.
198		-	Sec. 38.213. UNANTICIPATED LOSS OF EPINEPHRINE
199		-	AUTO-INJECTORS. If a school district or open-enrollment charter
200		-	school cannot maintain an inventory of epinephrine auto-injectors
201		-	because of a manufacturer's recall or any other unanticipated loss
202		-	or reduction, the district or school is not required to comply with
203		-	this subchapter.
204		-	Sec. 38.214. NOTICE TO PARENTS. (a) Before each school
205		-	year, a school district or open-enrollment charter school shall
206		-	provide written notice to a parent or guardian of each student
207		-	enrolled in the district or school stating whether the district or
208		-	school will implement a policy under this subchapter for the
209		-	maintenance, administration, and disposal of epinephrine
210		-	auto-injectors.
211		-	(b) If a school district or open-enrollment charter school
212		-	will implement a policy under this subchapter, the district or
213		-	school must provide the notice required under Subsection (a) before
214		-	implementing the policy.
215		-	Sec. 38.215. RULES. Except as otherwise provided by this
	189	+	Sec. 38.212. NOTICE TO PARENTS. If a school district or
	190	+	open-enrollment charter school implements a policy under this
	191	+	subchapter for the maintenance, administration, and disposal of
	192	+	epinephrine auto-injectors, the district or school shall provide
	193	+	written notice to a parent or guardian of each student enrolled in
	194	+	the district or school. Notice required under this section must be
	195	+	provided before the policy is implemented by the district or school
	196	+	and before the start of each school year.
	197	+	Sec. 38.213. GIFTS, GRANTS, AND DONATIONS. A school
	198	+	district or open-enrollment charter school may accept gifts,
	199	+	grants, donations, and federal and local funds to implement this
	200	+	subchapter.
	201	+	Sec. 38.214. RULES. Except as otherwise provided by this
216	202		subchapter, the commissioner of education and the commissioner of
217	203		state health services shall jointly adopt rules necessary to
218	204		implement this subchapter.
219		-	Sec. 38.~~216~~. IMMUNITY FROM LIABILITY. (a) A person who in
	205	+	Sec. 38.215. IMMUNITY FROM LIABILITY. (a) A person who in
220	206		good faith takes, or fails to take, any action under this subchapter
221	207		is immune from civil or criminal liability or disciplinary action
222	208		resulting from that action or failure to act, including:
223	209		(1) issuing an order for epinephrine auto-injectors;
224	210		(2) supervising or delegating the administration of an
225	211		epinephrine auto-injector;
226		-	(3) possessing, maintaining, or disposing of an
227		-	epinephrine auto-injector;
	212	+	(3) possessing, maintaining, storing, or disposing of
	213	+	an epinephrine auto-injector;
228	214		(4) prescribing an epinephrine auto-injector;
229	215		(5) dispensing an epinephrine auto-injector;
230	216		(6) administering, or assisting in administering, an
231	217		epinephrine auto-injector;
232	218		(7) providing, or assisting in providing, training,
233	219		consultation, or advice in the development, adoption, or
234	220		implementation of policies, guidelines, rules, or plans; or
235	221		(8) undertaking any other act permitted or required
236	222		under this subchapter.
237	223		(b) The immunities and protections provided by this
238		-	subchapter are in addition to other ~~immunity~~ or limitations of
	224	+	subchapter are in addition to other immunities or limitations of
239	225		liability provided by law.
240	226		(c) Notwithstanding any other law, this subchapter does not
241	227		create a civil, criminal, or administrative cause of action or
242	228		liability or create a standard of care, obligation, or duty that
243		-	provides a basis for a cause of action or liability.
	229	+	provides a basis for a cause of action for an act or omission under
	230	+	this subchapter.
244	231		(d) A cause of action does not arise from an act or omission
245	232		described by this section.
246		-	(e) The immunities and protections provided by this
247		-	subchapter shall continue in full force and effect, regardless of
248		-	whether a school district or open-enrollment charter school is
249		-	excused under Section 38.212 or 38.213 from complying with this
250		-	subchapter.
	233	+	(e) A school district or open-enrollment charter school and
	234	+	school personnel and school volunteers are immune from suit
	235	+	resulting from an act, or failure to act, under this subchapter,
	236	+	including an act or failure to act under related policies and
	237	+	procedures.
	238	+	(f) An act or failure to act by school personnel or a school
	239	+	volunteer under this subchapter, including an act or failure to act
	240	+	under related policies and procedures, is the exercise of judgment
	241	+	or discretion on the part of the school personnel or school
	242	+	volunteer and is not considered to be a ministerial act for purposes
	243	+	of liability of the school district or open-enrollment charter
	244	+	school.
251	245		SECTION 3. Section 38.0151, Education Code, is amended by
252	246		adding Subsection (f) to read as follows:
253	247		(f) A school district or open-enrollment charter school
254	248		that provides for the maintenance, administration, and disposal of
255	249		epinephrine auto-injectors under Subchapter E is not required to
256	250		comply with this section.
257	251		SECTION 4. This Act applies beginning with the 2015-2016
258	252		school year.
259	253		SECTION 5. This Act takes effect immediately if it receives
260	254		a vote of two-thirds of all the members elected to each house, as
261	255		provided by Section 39, Article III, Texas Constitution. If this
262	256		Act does not receive the vote necessary for immediate effect, this
263	257		Act takes effect September 1, 2015.
	258	+	______________________________ ______________________________
	259	+	President of the Senate Speaker of the House
	260	+	I hereby certify that S.B. No. 66 passed the Senate on
	261	+	April 15, 2015, by the following vote: Yeas 24, Nays 7; and that
	262	+	the Senate concurred in House amendment on May 19, 2015, by the
	263	+	following vote: Yeas 24, Nays 7.
	264	+	______________________________
	265	+	Secretary of the Senate
	266	+	I hereby certify that S.B. No. 66 passed the House, with
	267	+	amendment, on May 13, 2015, by the following vote: Yeas 143,
	268	+	Nays 0, two present not voting.
	269	+	______________________________
	270	+	Chief Clerk of the House
	271	+	Approved:
	272	+	______________________________
	273	+	Date
	274	+	______________________________
	275	+	Governor