By: Hinojosa S.B. No. 66
(Crownover, Herrero)
A BILL TO BE ENTITLED
AN ACT
relating to the use of epinephrine auto-injectors on public school
and open-enrollment charter school campuses and at or in transit to
or from off-campus school events.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Cameron Espinosa
Act.
SECTION 2. Chapter 38, Education Code, is amended by adding
Subchapter E to read as follows:
SUBCHAPTER E. MAINTENANCE AND ADMINISTRATION 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.
Sec. 38.202. ADVISORY COMMITTEE: ESTABLISHMENT AND
COMPOSITION. (a) The commissioner of state health services shall
establish an advisory committee to examine and review:
(1) the administration of epinephrine auto-injectors
on a person experiencing an anaphylactic reaction on a campus of a
school district or an open-enrollment charter school or at or in
transit to or from an off-campus school event; and
(2) the maintenance and disposal of epinephrine
auto-injectors by 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 of epinephrine auto-injectors on
school campuses;
(2) the maintenance of epinephrine auto-injectors
while in transit to or from an off-campus school event;
(3) the training of school personnel in the
administration of an epinephrine auto-injector; and
(4) a plan for one or more school personnel members
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 shall adopt and implement a policy requiring the
maintenance, administration, and disposal of epinephrine
auto-injectors at each campus in the district or school.
(b) The policy adopted under Subsection (a) must provide
that school personnel 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 or at an
off-campus 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 or while students are at an
off-campus school event or in transit to or from an off-campus
school event. The rules must establish:
(1) the number of epinephrine auto-injectors
available:
(A) at each campus; and
(B) while students are at an off-campus school
event or in transit to or from an off-campus school event;
(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 to administer an epinephrine auto-injector.
(d) Each school district and open-enrollment charter school
must have a plan requiring that each campus have one or more school
personnel members authorized and trained to administer an
epinephrine auto-injector present during all hours the campus is
open.
(e) The supply of epinephrine auto-injectors must:
(1) be stored in a secure location on campus and
securely maintained while at an off-campus school event or in
transit to or from an off-campus school event; and
(2) be easily accessible to school personnel
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 administers an epinephrine
auto-injector, 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 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 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 is responsible for training school
personnel 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.
(d) School personnel who have received training under this
section, in accordance with the provisions of this subchapter, may:
(1) take an epinephrine auto-injector from a location
described by Section 38.208(e)(1); and
(2) administer the epinephrine auto-injector.
Sec. 38.211. PRESCRIPTION OF EPINEPHRINE AUTO-INJECTORS.
(a) A physician may prescribe epinephrine auto-injectors in the
name of a school district or open-enrollment charter school.
(b) The physician 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;
(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. FUNDING. (a) A school district or
open-enrollment charter school is required to comply with this
subchapter only if sufficient funds are available.
(b) A school district or open-enrollment charter school may
accept gifts, grants, donations, and federal and local funds to
implement this subchapter.
Sec. 38.213. UNANTICIPATED LOSS OF EPINEPHRINE
AUTO-INJECTORS. If a school district or open-enrollment charter
school cannot maintain an inventory of epinephrine auto-injectors
because of a manufacturer's recall or any other unanticipated loss
or reduction, the district or school is not required to comply with
this subchapter.
Sec. 38.214. NOTICE TO PARENTS. (a) Before each school
year, a school district or open-enrollment charter school shall
provide written notice to a parent or guardian of each student
enrolled in the district or school stating whether the district or
school will implement a policy under this subchapter for the
maintenance, administration, and disposal of epinephrine
auto-injectors.
(b) If a school district or open-enrollment charter school
will implement a policy under this subchapter, the district or
school must provide the notice required under Subsection (a) before
implementing the policy.
Sec. 38.215. 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. 38.216. 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, 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 immunity 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 or liability.
(d) A cause of action does not arise from an act or omission
described by this section.
(e) The immunities and protections provided by this
subchapter shall continue in full force and effect, regardless of
whether a school district or open-enrollment charter school is
excused under Section 38.212 or 38.213 from complying with this
subchapter.
SECTION 3. 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 4. This Act applies beginning with the 2015-2016
school year.
SECTION 5. 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.