Texas 2017 - 85th Regular

Texas Senate Bill SB579 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Taylor of Collin S.B. No. 579
2		-	(Cortez)
	1	+	S.B. No. 579
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 private school
8	6		campuses and at or in transit to or from off-campus school events.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 38.201, Education Code, is amended by
11	9		amending Subdivision (5) and adding Subdivision (6) to read as
12	10		follows:
13	11		(5) "Private school" means a school that:
14	12		(A) offers a course of instruction for students
15	13		in one or more grades from prekindergarten through grade 12;
16	14		(B) is not operated by a governmental entity; and
17	15		(C) is not a school whose students meet the
18	16		definition provided by Section 29.916(a)(1).
19	17		(6) "School personnel" means an employee of a school
20	18		district, [or] open-enrollment charter school, or private school.
21	19		The term includes a member of the board of trustees of a school
22	20		district or the governing body of an open-enrollment charter school
23	21		or private school.
24	22		SECTION 2. Sections 38.202(a) and (b), Education Code, are
25	23		amended to read as follows:
26	24		(a) The commissioner of state health services shall
27	25		establish an advisory committee to examine and review the
28	26		administration of epinephrine auto-injectors to a person
29	27		experiencing an anaphylactic reaction on a campus of a school
30	28		district, [or] an open-enrollment charter school, or a private
31	29		school.
32	30		(b) The advisory committee shall be composed of members
33	31		appointed by the commissioner of state health services. In making
34	32		appointments, the commissioner shall ensure that:
35	33		(1) a majority of the members are physicians with
36	34		expertise in treating anaphylaxis, including physicians who
37	35		specialize in the fields of pediatrics, allergies, asthma, and
38	36		immunology; and
39	37		(2) at least one member is a registered nurse employed
40	38		by a school district, [or] open-enrollment charter school, or
41	39		private school as a school nurse.
42	40		SECTION 3. Sections 38.208(a), (c), and (d), Education
43	41		Code, are amended to read as follows:
44	42		(a) Each school district, [and] open-enrollment charter
45	43		school, and private school may adopt and implement a policy
46	44		regarding the maintenance, administration, and disposal of
47	45		epinephrine auto-injectors at each campus in the district or
48	46		school.
49	47		(c) The executive commissioner of the Health and Human
50	48		Services Commission [state health services], in consultation with
51	49		the commissioner of education, and with advice from the advisory
52	50		committee, shall adopt rules regarding the maintenance,
53	51		administration, and disposal of an epinephrine auto-injector at a
54	52		school campus subject to a policy adopted under Subsection (a). The
55	53		rules must establish:
56	54		(1) the number of epinephrine auto-injectors
57	55		available at each campus;
58	56		(2) the process for each school district, [and]
59	57		open-enrollment charter school, and private school to check the
60	58		inventory of epinephrine auto-injectors at regular intervals for
61	59		expiration and replacement; and
62	60		(3) the amount of training required for school
63	61		personnel and school volunteers to administer an epinephrine
64	62		auto-injector.
65	63		(d) Each school district, [and] open-enrollment charter
66	64		school, and private school that adopts a policy under Subsection
67	65		(a) must require that each campus have one or more school personnel
68	66		members or school volunteers authorized and trained to administer
69	67		an epinephrine auto-injector present during all hours the campus is
70	68		open.
71	69		SECTION 4. Section 38.209(a), Education Code, is amended to
72	70		read as follows:
73	71		(a) Not later than the 10th business day after the date a
74	72		school personnel member or school volunteer administers an
75	73		epinephrine auto-injector in accordance with a policy adopted under
76	74		Section 38.208(a), the school shall report the information required
77	75		under Subsection (b) to:
78	76		(1) the school district, [or] the charter holder if
79	77		the school is an open-enrollment charter school, or the governing
80	78		body of the school if the school is a private school;
81	79		(2) the physician or other person who prescribed the
82	80		epinephrine auto-injector;
83	81		(3) the commissioner of education; and
84	82		(4) the commissioner of state health services.
85	83		SECTION 5. Sections 38.210(a) and (c), Education Code, are
86	84		amended to read as follows:
87	85		(a) Each school district, [and] open-enrollment charter
88	86		school, and private school that adopts a policy under Section
89	87		38.208(a) is responsible for training school personnel and school
90	88		volunteers in the administration of an epinephrine auto-injector.
91	89		(c) Each school district, [and] open-enrollment charter
92	90		school, and private school shall maintain records on the training
93	91		required under this section.
94	92		SECTION 6. Sections 38.211(a), (b), (e), and (f), Education
95	93		Code, are amended to read as follows:
96	94		(a) A physician or person who has been delegated
97	95		prescriptive authority under Chapter 157, Occupations Code, may
98	96		prescribe epinephrine auto-injectors in the name of a school
99	97		district, [or] open-enrollment charter school, or private school.
100	98		(b) A physician or other person who prescribes epinephrine
101	99		auto-injectors under Subsection (a) shall provide the school
102	100		district, [or] open-enrollment charter school, or private school
103	101		with a standing order for the administration of an epinephrine
104	102		auto-injector to a person reasonably believed to be experiencing
105	103		anaphylaxis.
106	104		(e) An order issued under this section must contain:
107	105		(1) the name and signature of the prescribing
108	106		physician or other person;
109	107		(2) the name of the school district, [or]
110	108		open-enrollment charter school, or private school to which the
111	109		order is issued;
112	110		(3) the quantity of epinephrine auto-injectors to be
113	111		obtained and maintained under the order; and
114	112		(4) the date of issue.
115	113		(f) A pharmacist may dispense an epinephrine auto-injector
116	114		to a school district, [or] open-enrollment charter school, or
117	115		private school without requiring the name or any other identifying
118	116		information relating to the user.
119	117		SECTION 7. Section 38.212, Education Code, is amended to
120	118		read as follows:
121	119		Sec. 38.212. NOTICE TO PARENTS. If a school district, [or]
122	120		open-enrollment charter school, or private school implements a
123	121		policy under this subchapter for the maintenance, administration,
124	122		and disposal of epinephrine auto-injectors, the district or school
125	123		shall provide written notice to a parent or guardian of each student
126	124		enrolled in the district or school. Notice required under this
127	125		section must be provided before the policy is implemented by the
128	126		district or school and before the start of each school year.
129	127		SECTION 8. Section 38.213, Education Code, is amended to
130	128		read as follows:
131	129		Sec. 38.213. GIFTS, GRANTS, AND DONATIONS. A school
132	130		district, [or] open-enrollment charter school, or private school
133	131		may accept gifts, grants, donations, and federal and local funds to
134	132		implement this subchapter.
135	133		SECTION 9. Section 38.214, Education Code, is amended to
136	134		read as follows:
137	135		Sec. 38.214. RULES. Except as otherwise provided by this
138	136		subchapter, the commissioner of education and the executive
139	137		commissioner of the Health and Human Services Commission [state
140	138		health services] shall jointly adopt rules necessary to implement
141	139		this subchapter.
142	140		SECTION 10. Section 38.215(e), Education Code, is amended
143	141		to read as follows:
144	142		(e) A school district, [or] open-enrollment charter school,
145	143		or private school and school personnel and school volunteers are
146	144		immune from suit resulting from an act, or failure to act, under
147	145		this subchapter, including an act or failure to act under related
148	146		policies and procedures.
149	147		SECTION 11. This Act applies beginning with the 2017-2018
150	148		school year.
151	149		SECTION 12. This Act takes effect immediately if it
152	150		receives a vote of two-thirds of all the members elected to each
153	151		house, as provided by Section 39, Article III, Texas Constitution.
154	152		If this Act does not receive the vote necessary for immediate
155	153		effect, this Act takes effect September 1, 2017.
	154	+	______________________________ ______________________________
	155	+	President of the Senate Speaker of the House
	156	+	I hereby certify that S.B. No. 579 passed the Senate on
	157	+	April 3, 2017, by the following vote: Yeas 31, Nays 0.
	158	+	______________________________
	159	+	Secretary of the Senate
	160	+	I hereby certify that S.B. No. 579 passed the House on
	161	+	May 9, 2017, by the following vote: Yeas 132, Nays 15, one
	162	+	present not voting.
	163	+	______________________________
	164	+	Chief Clerk of the House
	165	+	Approved:
	166	+	______________________________
	167	+	Date
	168	+	______________________________
	169	+	Governor