H.B. No. 2243
AN ACT
relating to the use of prescription asthma medicine on public and
private school campuses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter E, Chapter 38,
Education Code, is amended to read as follows:
SUBCHAPTER E. MAINTENANCE AND[,] ADMINISTRATION[, AND DISPOSAL] OF
EPINEPHRINE AUTO-INJECTORS AND ASTHMA MEDICINE
SECTION 2. The heading to Section 38.208, Education Code,
is amended to read as follows:
Sec. 38.208. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE
AUTO-INJECTORS AND ASTHMA MEDICINE.
SECTION 3. Section 38.208, Education Code, is amended by
adding Subsections (a-1), (b-1), and (f) and amending Subsections
(c) and (e) to read as follows:
(a-1) Each school district, open-enrollment charter school,
and private school may adopt and implement a policy authorizing a
school nurse to maintain and administer asthma medicine at each
campus in the district or school.
(b-1) If a policy is adopted under Subsection (a-1), the
policy must provide that the school nurse may administer
prescription asthma medicine to a student only if the school nurse
has written notification from a parent or guardian of the student
that the student has been diagnosed as having asthma and stating
that the school nurse may administer prescription asthma medicine
to the student. A school nurse may administer the prescription
asthma medicine only at a school campus.
(c) The executive commissioner of the Health and Human
Services Commission, in consultation with the commissioner of
education, and with advice from the advisory committee as
appropriate, 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) and
the maintenance and administration of asthma medicine at a school
campus subject to a policy adopted under Subsection (a-1). The
rules must establish:
(1) the number of epinephrine auto-injectors
available at each campus;
(2) the amount of prescription asthma medicine
available at each campus;
(3) the process for each school district,
open-enrollment charter school, and private school to check the
inventory of epinephrine auto-injectors and asthma medicine at
regular intervals for expiration and replacement; and
(4) [(3)] the amount of training required for school
personnel and school volunteers to administer an epinephrine
auto-injector.
(e) The supply of epinephrine auto-injectors at each campus
must be stored in a secure location and be easily accessible to
school personnel and school volunteers authorized and trained to
administer an epinephrine auto-injector. The supply of asthma
medicine at each campus must be stored in a secure location and be
easily accessible to the school nurse.
(f) The policy described by Subsection (a-1) may not require
a school district, open-enrollment charter school, or private
school to purchase prescription asthma medicine or require any
other expenditure related to the maintenance or administration of
asthma medicine that would result in a negative fiscal impact on the
district or school.
SECTION 4. The heading to Section 38.211, Education Code,
is amended to read as follows:
Sec. 38.211. PRESCRIPTION OF EPINEPHRINE AUTO-INJECTORS
AND ASTHMA MEDICINE.
SECTION 5. Sections 38.211(a), (b), (c), (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 or asthma medicine in the name
of a school district, open-enrollment charter school, or private
school.
(b) A physician or other person who prescribes epinephrine
auto-injectors or asthma medicine under Subsection (a) shall
provide the school district, open-enrollment charter school, or
private school with a standing order for the administration of, as
applicable:
(1) an epinephrine auto-injector to a person
reasonably believed to be experiencing anaphylaxis; or
(2) asthma medicine to a person reasonably believed to
be experiencing a symptom of asthma and who has provided written
notification and permission as required by Section 38.208(b-1).
(c) The standing order under Subsection (b) is not required
to be patient-specific, and the epinephrine auto-injector or asthma
medicine may be administered to a person without a previously
established physician-patient relationship.
(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, open-enrollment
charter school, or private school to which the order is issued;
(3) the quantity of epinephrine auto-injectors or
asthma medicine to be obtained and maintained under the order; and
(4) the date of issue.
(f) A pharmacist may dispense an epinephrine auto-injector
or asthma medicine to a school district, open-enrollment charter
school, or private school without requiring the name or any other
identifying information relating to the user.
SECTION 6. Section 38.212, Education Code, is amended to
read as follows:
Sec. 38.212. NOTICE TO PARENTS. If a school district,
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 a [the] policy is implemented by the
district or school and before the start of each school year.
SECTION 7. Section 38.215(a), Education Code, is amended to
read as follows:
(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 or
asthma medicine;
(2) supervising or delegating the administration of an
epinephrine auto-injector or asthma medicine;
(3) possessing, maintaining, storing, or disposing of
an epinephrine auto-injector or asthma medicine;
(4) prescribing an epinephrine auto-injector or
asthma medicine;
(5) dispensing:
(A) an epinephrine auto-injector; or
(B) asthma medicine, provided that permission
has been granted as provided by Section 38.208(b-1);
(6) administering, or assisting in administering, an
epinephrine auto-injector or asthma medicine, provided that
permission has been granted as provided by Section 38.208(b-1);
(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.
SECTION 8. 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, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2243 was passed by the House on April
2, 2019, by the following vote: Yeas 147, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2243 was passed by the Senate on May
10, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor