Texas 2019 - 86th Regular

Texas House Bill HB684 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 684
	1	+	By: Clardy, et al. (Senate Sponsor - Hughes) H.B. No. 684
	2	+	(In the Senate - Received from the House April 16, 2019;
	3	+	April 17, 2019, read first time and referred to Committee on
	4	+	Education; May 8, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 11, Nays 0;
	6	+	May 8, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 684 By: Hughes
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the care of students with seizure disorders and the
6	14		training requirements for certain school personnel regarding
7	15		seizure recognition and related first aid.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. This Act may be cited as Sam's Law.
10	18		SECTION 2. Subchapter A, Chapter 38, Education Code, is
11		-	amended by adding Sections 38.032 and 38.033 to read as follows:
	19	+	amended by adding Sections 38.032, 38.033, and 38.034 to read as
	20	+	follows:
12	21		Sec. 38.032. SEIZURE MANAGEMENT AND TREATMENT PLAN. (a)
13		-	The parent or guardian of a student with a seizure disorder ~~may seek~~
14		-	care for the student's seizures while the student is at school or
15		-	participating in a school activity ~~by submitting~~ to the school
	22	+	The parent or guardian of a student with a seizure disorder who
	23	+	seeks care for the student's seizures while the student is at school
	24	+	or participating in a school activity must submit to the school
16	25		district at which the student is enrolled a copy of a seizure
17	26		management and treatment plan developed by the student's parent or
18	27		guardian and the physician responsible for the student's seizure
19	28		treatment. The plan must be submitted to and reviewed by the
20	29		district:
21	30		(1) before or at the beginning of the school year;
22	31		(2) on enrollment of the student, if the student
23	32		enrolls in the district after the beginning of the school year; or
24	33		(3) as soon as practicable following a diagnosis of a
25	34		seizure disorder for the student.
26	35		(b) A seizure management and treatment plan must:
27	36		(1) identify the health care services the student may
28	37		receive at school or while participating in a school activity;
29	38		(2) evaluate the student's ability to manage and level
30	39		of understanding of the student's seizures; and
31	40		(3) be signed by the student's parent or guardian and
32	41		the physician responsible for the student's seizure treatment.
33	42		(c) The care of a student with a seizure disorder by a
34	43		district employee under a seizure management plan submitted under
35	44		this section is incident to or within the scope of the duties of the
36	45		employee's position of employment and involves the exercise of
37	46		judgment or discretion on the part of the employee for purposes of
38	47		Section 22.0511.
39		-	(d) The immunity from liability provided by Section 22.0511
40		-	applies to an action or failure to act by a district employee in
41		-	administering a medication, assisting with self-administration, or
42		-	otherwise providing for the care of a student under a seizure
43		-	management plan submitted for the student under Subsection (a).
44	48		Sec. 38.033. SEIZURE RECOGNITION AND RELATED FIRST AID
45	49		TRAINING. (a) A school nurse employed by a school district must
46	50		complete an agency-approved online course of instruction for school
47	51		nurses regarding managing students with seizure disorders that
48	52		includes information about seizure recognition and related first
49	53		aid.
50	54		(b) A school district employee, other than a school nurse,
51	55		whose duties at the school include regular contact with students
52	56		must complete an agency-approved online course of instruction for
53	57		school personnel regarding awareness of students with seizure
54	58		disorders that includes information about seizure recognition and
55	59		related first aid.
56	60		(c) The agency may approve an online course of instruction
57	61		provided by a nonprofit national foundation that supports the
58	62		welfare of individuals with epilepsy and seizure disorders to
59		-	satisfy the training required under Subsection (a) or (b). An
60		-	online course of instruction approved by the agency under this
61		-	subsection that is provided to a school district must be provided by
62		-	the nonprofit entity free of charge.
	63	+	satisfy the training required under Subsection (a) or (b).
63	64		(d) The agency shall adopt rules as necessary to administer
64	65		this section.
	66	+	Sec. 38.034. UNLICENSED SEIZURE CARE ASSISTANT. (a) At
	67	+	each school district campus at which a student with a seizure
	68	+	disorder is enrolled, the principal shall:
	69	+	(1) seek school employees who are not health care
	70	+	professionals to serve as unlicensed seizure care assistants and
	71	+	care for students with seizure disorders; and
	72	+	(2) make efforts to ensure that the campus has:
	73	+	(A) at least one unlicensed seizure care
	74	+	assistant if a full-time nurse is assigned to the campus; and
	75	+	(B) at least three unlicensed seizure care
	76	+	assistants if a full-time nurse is not assigned to the campus.
	77	+	(b) An unlicensed seizure care assistant shall serve under
	78	+	the supervision of the principal.
	79	+	(c) A school employee may not be subject to any penalty or
	80	+	disciplinary action for refusing to serve as an unlicensed seizure
	81	+	care assistant.
	82	+	(d) The care of a student with a seizure disorder by a school
	83	+	employee who is serving as an unlicensed seizure care assistant is
	84	+	incident to or within the scope of the duties of the employee's
	85	+	position of employment and involves the exercise of judgment or
	86	+	discretion on the part of the employee for purposes of Section
	87	+	22.0511.
	88	+	(e) A school nurse is not responsible for and may not be
	89	+	subject to disciplinary action under Chapter 301, Occupations Code,
	90	+	for actions performed by an unlicensed seizure care assistant.
65	91		SECTION 3. Not later than December 1, 2019, the Texas
66	92		Education Agency shall approve online courses of instruction to
67	93		satisfy the training requirements of Section 38.033, Education
68	94		Code, as added by this Act.
69	95		SECTION 4. The change in law made by this Act applies
70	96		beginning with the 2019-2020 school year.
71	97		SECTION 5. This Act takes effect immediately if it receives
72	98		a vote of two-thirds of all the members elected to each house, as
73	99		provided by Section 39, Article III, Texas Constitution. If this
74	100		Act does not receive the vote necessary for immediate effect, this
75	101		Act takes effect September 1, 2019.
76		-	______________________________ ______________________________
77		-	President of the Senate Speaker of the House
78		-	I certify that H.B. No. 684 was passed by the House on April
79		-	16, 2019, by the following vote: Yeas 144, Nays 0, 2 present, not
80		-	voting; that the House refused to concur in Senate amendments to
81		-	H.B. No. 684 on May 22, 2019, and requested the appointment of a
82		-	conference committee to consider the differences between the two
83		-	houses; and that the House adopted the conference committee report
84		-	on H.B. No. 684 on May 26, 2019, by the following vote: Yeas 143,
85		-	Nays 0, 2 present, not voting.
86		-	______________________________
87		-	Chief Clerk of the House
88		-	I certify that H.B. No. 684 was passed by the Senate, with
89		-	amendments, on May 14, 2019, by the following vote: Yeas 31, Nays
90		-	0; at the request of the House, the Senate appointed a conference
91		-	committee to consider the differences between the two houses; and
92		-	that the Senate adopted the conference committee report on H.B. No.
93		-	684 on May 26, 2019, by the following vote: Yeas 31, Nays 0.
94		-	______________________________
95		-	Secretary of the Senate
96		-	APPROVED: __________________
97		-	Date
98		-	__________________
99		-	Governor
	102	+	* * * * *