Texas 2017 - 85th Regular

Texas House Bill HB4176 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R13229 MEW-D
2	2	By: Wilson H.B. No. 4176
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of epinephrine auto-injectors in public
8	8	schools.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 38.208(c), Education Code, is amended to
11	11	read as follows:
12	12	(c) The commissioner of state health services, [in
13	13	consultation with the commissioner of education, and] with advice
14	14	from the advisory committee, shall adopt rules regarding the
15	15	maintenance, administration, and disposal of an epinephrine
16	16	auto-injector at a school campus subject to a policy adopted under
17	17	Subsection (a). The rules must establish:
18	18	(1) the number of epinephrine auto-injectors
19	19	available at each campus;
20	20	(2) the process for each school district and
21	21	open-enrollment charter school to check the inventory of
22	22	epinephrine auto-injectors at regular intervals for expiration and
23	23	replacement; and
24	24	(3) the amount of training required for school
25	25	personnel and school volunteers to administer an epinephrine
26	26	auto-injector.
27	27	SECTION 2. Sections 38.209(a) and (b), Education Code, are
28	28	amended to read as follows:
29	29	(a) Not later than the 10th business day after the date a
30	30	school personnel member or school volunteer administers an
31	31	epinephrine auto-injector in accordance with a policy adopted under
32	32	Section 38.208(a), the school shall report the information required
33	33	under Subsection (b) to:
34	34	(1) the school district or the charter holder if the
35	35	school is an open-enrollment charter school;
36	36	(2) the physician or other person who prescribed the
37	37	epinephrine auto-injector; and
38	38	(3) [the commissioner of education; and
39	39	[(4)] the commissioner of state health services.
40	40	(b) The report required under this section must include the
41	41	following information:
42	42	(1) the age of the person who received the
43	43	administration of the epinephrine auto-injector;
44	44	(2) whether the person who received the administration
45	45	of the epinephrine auto-injector was a student, a school personnel
46	46	member or school volunteer, or a visitor;
47	47	(3) the physical location where the epinephrine
48	48	auto-injector was administered;
49	49	(4) the number of doses of epinephrine auto-injector
50	50	administered;
51	51	(5) the title of the person who administered the
52	52	epinephrine auto-injector; and
53	53	(6) any other information required by the commissioner
54	54	of state health services [education].
55	55	SECTION 3. Section 38.214, Education Code, is amended to
56	56	read as follows:
57	57	Sec. 38.214. RULES. Except as otherwise provided by this
58	58	subchapter, [the commissioner of education and] the commissioner of
59	59	state health services shall [jointly] adopt rules necessary to
60	60	implement this subchapter.
61	61	SECTION 4. This Act takes effect immediately if it receives
62	62	a vote of two-thirds of all the members elected to each house, as
63	63	provided by Section 39, Article III, Texas Constitution. If this
64	64	Act does not receive the vote necessary for immediate effect, this
65	65	Act takes effect September 1, 2017.