| 1 | 1 | | 86R643 MM-D |
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| 2 | 2 | | By: Huberty H.B. No. 3967 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to access to certain health information of public school |
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| 8 | 8 | | students during an emergency evacuation. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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| 11 | 11 | | amended by adding Section 38.0096 to read as follows: |
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| 12 | 12 | | Sec. 38.0096. ACCESS TO CERTAIN HEALTH INFORMATION DURING |
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| 13 | 13 | | EMERGENCY EVACUATION. (a) The commissioner by rule shall |
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| 14 | 14 | | establish procedures by which a school district, in the event of an |
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| 15 | 15 | | emergency evacuation of a school in the district, may share |
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| 16 | 16 | | relevant student medical information with a local hospital or local |
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| 17 | 17 | | medical center relating to medication that is administered to a |
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| 18 | 18 | | student during the school day by a school district employee or |
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| 19 | 19 | | qualified volunteer professional. |
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| 20 | 20 | | (b) The commissioner shall adopt rules under this section in |
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| 21 | 21 | | a manner that complies with federal law regarding confidentiality |
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| 22 | 22 | | of student medical or educational information, including the Health |
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| 23 | 23 | | Insurance Portability and Accountability Act of 1996 (42 U.S.C. |
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| 24 | 24 | | Section 1320d et seq.) and the Family Educational Rights and |
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| 25 | 25 | | Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law |
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| 26 | 26 | | relating to the privacy of student information. |
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| 27 | 27 | | SECTION 2. This Act applies beginning with the 2019-2020 |
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| 28 | 28 | | school year. |
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| 29 | 29 | | SECTION 3. This Act takes effect immediately if it receives |
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| 30 | 30 | | a vote of two-thirds of all the members elected to each house, as |
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| 31 | 31 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 32 | 32 | | Act does not receive the vote necessary for immediate effect, this |
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| 33 | 33 | | Act takes effect September 1, 2019. |
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