Texas 2019 - 86th Regular

Texas House Bill HB3881 Compare Versions

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

Old	New	Differences
1	1	86R764 MEW-D
2	2	By: Wilson H.B. No. 3881
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 primary and
8	8	secondary 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 executive commissioner of the Health and Human
13	13	Services Commission, [in consultation with the commissioner of
14	14	education, and] with advice from the advisory committee, shall
15	15	adopt rules regarding the maintenance, administration, and
16	16	disposal of an epinephrine auto-injector at a school campus subject
17	17	to a policy adopted under Subsection (a). The rules must
18	18	establish:
19	19	(1) the number of epinephrine auto-injectors
20	20	available at each campus;
21	21	(2) the process for each school district,
22	22	open-enrollment charter school, and private school to check the
23	23	inventory of epinephrine auto-injectors at regular intervals for
24	24	expiration and replacement; and
25	25	(3) the amount of training required for school
26	26	personnel and school volunteers to administer an epinephrine
27	27	auto-injector.
28	28	SECTION 2. Section 38.209, Education Code, is amended to
29	29	read as follows:
30	30	Sec. 38.209. REPORT ON ADMINISTERING EPINEPHRINE
31	31	AUTO-INJECTOR. (a) Not later than the 10th business day after the
32	32	date a school personnel member or school volunteer administers an
33	33	epinephrine auto-injector in accordance with a policy adopted under
34	34	Section 38.208(a), the school shall report the information required
35	35	under Subsection (b) to:
36	36	(1) the school district, the charter holder if the
37	37	school is an open-enrollment charter school, or the governing body
38	38	of the school if the school is a private school;
39	39	(2) the physician or other person who prescribed the
40	40	epinephrine auto-injector; and
41	41	(3) [the commissioner of education; and
42	42	[(4)] the commissioner of state health services.
43	43	(b) The report required under this section must include the
44	44	following information:
45	45	(1) the age of the person who received the
46	46	administration of the epinephrine auto-injector;
47	47	(2) whether the person who received the administration
48	48	of the epinephrine auto-injector was a student, a school personnel
49	49	member or school volunteer, or a visitor;
50	50	(3) the physical location where the epinephrine
51	51	auto-injector was administered;
52	52	(4) the number of doses of epinephrine auto-injector
53	53	administered;
54	54	(5) the title of the person who administered the
55	55	epinephrine auto-injector; and
56	56	(6) any other information required by the commissioner
57	57	of state health services [education].
58	58	SECTION 3. Section 38.214, Education Code, is amended to
59	59	read as follows:
60	60	Sec. 38.214. RULES. The [Except as otherwise provided by
61	61	this subchapter, the commissioner of education and the] executive
62	62	commissioner of the Health and Human Services Commission shall
63	63	[jointly] adopt rules necessary to implement this subchapter.
64	64	SECTION 4. This Act takes effect immediately if it receives
65	65	a vote of two-thirds of all the members elected to each house, as
66	66	provided by Section 39, Article III, Texas Constitution. If this
67	67	Act does not receive the vote necessary for immediate effect, this
68	68	Act takes effect September 1, 2019.