86R764 MEW-D
By: Wilson H.B. No. 3881
A BILL TO BE ENTITLED
AN ACT
relating to the use of epinephrine auto-injectors in primary and
secondary schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 38.208(c), Education Code, is amended to
read as follows:
(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, 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,
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.
SECTION 2. Section 38.209, Education Code, is amended to
read as follows:
Sec. 38.209. REPORT ON ADMINISTERING EPINEPHRINE
AUTO-INJECTOR. (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, 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; and
(3) [the commissioner of education; and
[(4)] the commissioner of state health services.
(b) The report required under this section must include the
following information:
(1) the age of the person who received the
administration of the epinephrine auto-injector;
(2) whether the person who received the administration
of the epinephrine auto-injector was a student, a school personnel
member or school volunteer, or a visitor;
(3) the physical location where the epinephrine
auto-injector was administered;
(4) the number of doses of epinephrine auto-injector
administered;
(5) the title of the person who administered the
epinephrine auto-injector; and
(6) any other information required by the commissioner
of state health services [education].
SECTION 3. Section 38.214, Education Code, is amended to
read as follows:
Sec. 38.214. RULES. The [Except as otherwise provided by
this subchapter, the commissioner of education and the] executive
commissioner of the Health and Human Services Commission shall
[jointly] adopt rules necessary to implement this subchapter.
SECTION 4. 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.