85R13229 MEW-D
By: Wilson H.B. No. 4176
A BILL TO BE ENTITLED
AN ACT
relating to the use of epinephrine auto-injectors in public
schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 38.208(c), Education Code, is amended to
read as follows:
(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 subject to a policy adopted under
Subsection (a). The rules must establish:
(1) the number of epinephrine auto-injectors
available at each campus;
(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 and school volunteers to administer an epinephrine
auto-injector.
SECTION 2. Sections 38.209(a) and (b), Education Code, are
amended to read as follows:
(a) Not later than the 10th business day after the date a
school personnel member or school volunteer administers an
epinephrine auto-injector in accordance with a policy adopted under
Section 38.208(a), 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 or other person who prescribed the
epinephrine auto-injector; and
(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 school volunteer, 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 state health services [education].
SECTION 3. Section 38.214, Education Code, is amended to
read as follows:
Sec. 38.214. 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.
SECTION 4. 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, 2017.