S.B. No. 579
AN ACT
relating to the use of epinephrine auto-injectors on private 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. Section 38.201, Education Code, is amended by
amending Subdivision (5) and adding Subdivision (6) to read as
follows:
(5) "Private school" means a school that:
(A) offers a course of instruction for students
in one or more grades from prekindergarten through grade 12;
(B) is not operated by a governmental entity; and
(C) is not a school whose students meet the
definition provided by Section 29.916(a)(1).
(6) "School personnel" means an employee of a school
district, [or] open-enrollment charter school, or private school.
The term includes a member of the board of trustees of a school
district or the governing body of an open-enrollment charter school
or private school.
SECTION 2. Sections 38.202(a) and (b), Education Code, are
amended to read as follows:
(a) The commissioner of state health services shall
establish an advisory committee to examine and review the
administration of epinephrine auto-injectors to a person
experiencing an anaphylactic reaction on a campus of a school
district, [or] an open-enrollment charter school, or a private
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, or
private school as a school nurse.
SECTION 3. Sections 38.208(a), (c), and (d), Education
Code, are amended to read as follows:
(a) Each school district, [and] open-enrollment charter
school, and private school may adopt and implement a policy
regarding the maintenance, administration, and disposal of
epinephrine auto-injectors at each campus in the district or
school.
(c) The executive commissioner of the Health and Human
Services Commission [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, and private 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.
(d) Each school district, [and] open-enrollment charter
school, and private school that adopts a policy under Subsection
(a) must require that each campus have one or more school personnel
members or school volunteers authorized and trained to administer
an epinephrine auto-injector present during all hours the campus is
open.
SECTION 4. Section 38.209(a), Education Code, is 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, or the governing
body of the school if the school is a private school;
(2) the physician or other person who prescribed the
epinephrine auto-injector;
(3) the commissioner of education; and
(4) the commissioner of state health services.
SECTION 5. Sections 38.210(a) and (c), Education Code, are
amended to read as follows:
(a) Each school district, [and] open-enrollment charter
school, and private school that adopts a policy under Section
38.208(a) is responsible for training school personnel and school
volunteers in the administration of an epinephrine auto-injector.
(c) Each school district, [and] open-enrollment charter
school, and private school shall maintain records on the training
required under this section.
SECTION 6. Sections 38.211(a), (b), (e), and (f), Education
Code, are amended to read as follows:
(a) A physician or person who has been delegated
prescriptive authority under Chapter 157, Occupations Code, may
prescribe epinephrine auto-injectors in the name of a school
district, [or] open-enrollment charter school, or private school.
(b) A physician or other person who prescribes epinephrine
auto-injectors under Subsection (a) shall provide the school
district, [or] open-enrollment charter school, or private school
with a standing order for the administration of an epinephrine
auto-injector to a person reasonably believed to be experiencing
anaphylaxis.
(e) An order issued under this section must contain:
(1) the name and signature of the prescribing
physician or other person;
(2) the name of the school district, [or]
open-enrollment charter school, or private 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, or
private school without requiring the name or any other identifying
information relating to the user.
SECTION 7. Section 38.212, Education Code, is amended to
read as follows:
Sec. 38.212. NOTICE TO PARENTS. If a school district, [or]
open-enrollment charter school, or private school implements a
policy under this subchapter for the maintenance, administration,
and disposal of epinephrine auto-injectors, the district or school
shall provide written notice to a parent or guardian of each student
enrolled in the district or school. Notice required under this
section must be provided before the policy is implemented by the
district or school and before the start of each school year.
SECTION 8. Section 38.213, Education Code, is amended to
read as follows:
Sec. 38.213. GIFTS, GRANTS, AND DONATIONS. A school
district, [or] open-enrollment charter school, or private school
may accept gifts, grants, donations, and federal and local funds to
implement this subchapter.
SECTION 9. 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 executive
commissioner of the Health and Human Services Commission [state
health services] shall jointly adopt rules necessary to implement
this subchapter.
SECTION 10. Section 38.215(e), Education Code, is amended
to read as follows:
(e) A school district, [or] open-enrollment charter school,
or private school and school personnel and school volunteers are
immune from suit resulting from an act, or failure to act, under
this subchapter, including an act or failure to act under related
policies and procedures.
SECTION 11. This Act applies beginning with the 2017-2018
school year.
SECTION 12. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 579 passed the Senate on
April 3, 2017, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 579 passed the House on
May 9, 2017, by the following vote: Yeas 132, Nays 15, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor