Texas 2019 - 86th Regular

Texas House Bill HB2555 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R26423~~ CAE-F
	1	+	86R6155 CAE-F
2	2		By: Parker H.B. No. 2555
3		-	Substitute the following for H.B. No. 2555:
4		-	By: Bell of Kaufman C.S.H.B. No. 2555
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to guidelines for policies of school districts and
10	8		open-enrollment charter schools for the care of certain students at
11	9		risk for anaphylaxis.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Section 38.0151, Education Code, is amended by
14		-	amending Subsections (a), (b), and (e) and adding ~~Subsections~~ (g),
15		-	~~(h), (i), and (j) to~~ read as follows:
	12	+	amending Subsections (a), (b), and (e) and adding Subsection (g) to
	13	+	read as follows:
16	14		(a) The board of trustees of each school district and the
17	15		governing body or an appropriate officer of each open-enrollment
18	16		charter school shall adopt and administer a policy for the care of
19	17		students with a diagnosed food allergy at risk for anaphylaxis
20	18		based on "Guidelines for the Care of Students With Food Allergies
21	19		At-Risk for Anaphylaxis" [guidelines] developed by the
22	20		commissioner of state health services under this section and
23	21		updated by the commissioner of state health services in
24	22		consultation with an ad hoc committee appointed by the commissioner
25	23		of state health services as provided by Section 38.0152.
26	24		(b) A school district or open-enrollment charter school
27	25		[that implemented a policy for the care of students with a diagnosed
28	26		food allergy at risk for anaphylaxis before the development of the
29	27		guidelines described by Subsection (a)] shall annually review [the
30	28		policy] and, as necessary, revise its [the] policy for the care of
31	29		students with a diagnosed food allergy at risk for anaphylaxis [as
32	30		necessary] to ensure the policy is consistent with the most current
33	31		version of the guidelines described by Subsection (a).
34	32		(e) The agency shall post the guidelines described by
35	33		Subsection (a) [developed by the commissioner of state health
36	34		services under this section] on the agency's website with any other
37	35		information relating to students with special health needs. The
38	36		information posted by the agency must include a summary of the
39	37		guidelines. The agency shall annually review and, as necessary,
40	38		revise the summary and any other information to reflect the most
41	39		current version of the guidelines.
42	40		(g) Each school year, the board of trustees of each school
43	41		district and the governing body of each open-enrollment charter
44		-	school shall post a summary of the guidelines on the district's or
45		-	school's Internet website, including instructions on obtaining
46		-	access to the complete guidelines document. The district's or
47		-	school's website must be accessible by each student enrolled in the
48		-	district or school and a parent or guardian of each student. Any
49		-	forms used by a district or school requesting information from a
50		-	parent or guardian enrolling a child with a food allergy in the
51		-	district or school must include information to access on the
52		-	district's or school's Internet website a summary of the guidelines
53		-	and instructions on obtaining access to the complete guidelines
54		-	document.
55		-	(h) The guidelines described by Subsection (a) may not:
56		-	(1) require a school district or open-enrollment
57		-	charter school to purchase treatments approved by the United States
58		-	Food and Drug Administration or make any other expenditure that
59		-	would result in a negative fiscal impact on the district or school;
60		-	or
61		-	(2) require the personnel of a district or school to
62		-	administer treatments approved by the United States Food and Drug
63		-	Administration to a student unless the medication is prescribed for
64		-	that student by the student's physician.
65		-	(i) This section does not:
66		-	(1) waive any liability or immunity of a school
67		-	district or open-enrollment charter school or district or school
68		-	officers or employees; or
69		-	(2) create any liability for or a cause of action
70		-	against a school district or open-enrollment charter school or
71		-	district or school officers or employees.
72		-	(j) Notwithstanding any other law, this section, including
73		-	any information or materials developed under this section and the
74		-	dissemination of information or materials developed under this
75		-	section, does not create a civil, criminal, or administrative cause
76		-	of action or liability or create a standard of care, obligation, or
77		-	duty that provides the basis for a cause of action.
	42	+	school shall provide a copy of the guidelines summary posted on the
	43	+	agency's website to each student enrolled in the district or school
	44	+	and a parent or guardian of each student.
78	45		SECTION 2. Subchapter A, Chapter 38, Education Code, is
79	46		amended by adding Section 38.0152 to read as follows:
80	47		Sec. 38.0152. COMMITTEE TO ASSIST IN UPDATING GUIDELINES
81	48		FOR CARE OF STUDENTS AT RISK FOR ANAPHYLAXIS. (a) In this section:
82	49		(1) "Commissioner" means the commissioner of state
83	50		health services.
84	51		(2) "Department" means the Department of State Health
85	52		Services.
86	53		(3) "Guidelines" means "Guidelines for the Care of
87	54		Students With Food Allergies At-Risk for Anaphylaxis" on which
88	55		school district and open-enrollment charter school policies for the
89	56		care of students with a diagnosed food allergy at risk for
90	57		anaphylaxis are based as provided by Section 38.0151.
91	58		(b) The commissioner shall appoint members to an ad hoc
92	59		committee to consult with the commissioner on updating the current
93	60		guidelines to incorporate and specifically reference any new
94	61		food-allergy management best practices and treatments, including
95	62		new methods, treatments, and therapies to reduce the risk of
96	63		allergic reactions.
97	64		(c) The committee must include:
98	65		(1) not more than:
99	66		(A) one representative from:
100	67		(i) the department; and
101	68		(ii) the Texas Nurses Association; and
102	69		(B) one physician who is a member of the American
103	70		Academy of Allergy, Asthma & Immunology;
104	71		(2) at least two individuals from one or more national
105	72		patient advocacy organizations representing the interests of food
106	73		allergies, anaphylaxis, and related medical issues, including
107	74		asthma;
108	75		(3) one principal of a public elementary school campus
109	76		at which one or more students with a diagnosed food allergy at risk
110	77		for anaphylaxis are enrolled;
111	78		(4) one classroom teacher employed at a public
112	79		elementary school campus at which one or more students with a
113	80		diagnosed food allergy at risk for anaphylaxis are enrolled;
114	81		(5) one superintendent of a school district;
115	82		(6) one member of a board of trustees of a school
116	83		district;
117	84		(7) one member of a governing body of an
118	85		open-enrollment charter school;
119	86		(8) at least two parents of public school students
120	87		with a diagnosed food allergy at risk for anaphylaxis; and
121		-	(9) at least ~~five physicians~~ trained to diagnose,
122		-	~~treat,~~ and manage allergies with experience in new and emerging
123		-	~~allergy~~ management best practices and treatments, including new
124		-	~~methods,~~ treatments, and therapies to reduce the risk of allergic
125		-	~~reactions,~~ including anaphylaxis.
	88	+	(9) at least one physician trained to diagnose, treat,
	89	+	and manage allergies with experience in new and emerging allergy
	90	+	management best practices and treatments, including new methods,
	91	+	treatments, and therapies to reduce the risk of allergic reactions,
	92	+	including anaphylaxis.
126	93		(d) Ad hoc committee members shall serve for a period
127	94		determined by the commissioner. On the resignation of a member of
128	95		the committee or the removal of a member from the committee by the
129	96		commissioner, the commissioner shall appoint a new member to the
130	97		committee who qualifies for the committee in the same manner that
131	98		the member who resigned or is removed qualified.
132	99		(e) Section 2110.005, Government Code, does not apply to the
133	100		ad hoc committee appointed under this section.
134		-	(f) The physicians appointed to serve on the ad hoc
135		-	committee shall provide to the committee appropriate
136		-	recommendations to be made to the commissioner on updating the
137		-	current guidelines, including any new food-allergy management best
138		-	practices and treatments, including new methods, treatments, and
139		-	therapies to reduce the risk of allergic reactions.
140		-	(g) At least once every three years, the commissioner shall
	101	+	(f) At least once every three years, the commissioner shall
141	102		order a meeting of the committee to update the guidelines to
142	103		incorporate any new food-allergy management best practices and
143	104		treatments.
144		-	(h) The commissioner may order a meeting of the committee at
	105	+	(g) The commissioner may order a meeting of the committee at
145	106		any time the commissioner determines necessary for the committee
146	107		to:
147	108		(1) discuss the protection of students with food
148	109		allergies at risk for anaphylaxis; and
149	110		(2) update the guidelines.
150	111		SECTION 3. The commissioner of state health services shall:
151	112		(1) not later than October 1, 2019, appoint the
152	113		members of the ad hoc committee described by Section 38.0152,
153	114		Education Code, as added by this Act, to consult with the
154	115		commissioner on updating and maintaining the "Guidelines for the
155	116		Care of Students With Food Allergies At-Risk for Anaphylaxis" as
156	117		provided by that section; and
157	118		(2) not later than March 1, 2020, in consultation with
158	119		the ad hoc committee, update the guidelines as necessary.
159	120		SECTION 4. This Act takes effect immediately if it receives
160	121		a vote of two-thirds of all the members elected to each house, as
161	122		provided by Section 39, Article III, Texas Constitution. If this
162	123		Act does not receive the vote necessary for immediate effect, this
163	124		Act takes effect September 1, 2019.