Texas 2019 - 86th Regular

Texas Senate Bill SB1665 Compare Versions

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

Old	New	Differences
1	1	86R9126 CAE-F
2	2	By: Buckingham S.B. No. 1665
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of prescription asthma medicine on public and
8	8	private school campuses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter E, Chapter 38,
11	11	Education Code, is amended to read as follows:
12	12	SUBCHAPTER E. MAINTENANCE AND[,] ADMINISTRATION[, AND DISPOSAL] OF
13	13	EPINEPHRINE AUTO-INJECTORS AND ASTHMA MEDICINE
14	14	SECTION 2. The heading to Section 38.208, Education Code,
15	15	is amended to read as follows:
16	16	Sec. 38.208. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE
17	17	AUTO-INJECTORS AND ASTHMA MEDICINE.
18	18	SECTION 3. Section 38.208, Education Code, is amended by
19	19	adding Subsections (a-1), (b-1), and (f) and amending Subsections
20	20	(c) and (e) to read as follows:
21	21	(a-1) Each school district, open-enrollment charter school,
22	22	and private school may adopt and implement a policy authorizing a
23	23	school nurse to maintain and administer asthma medicine at each
24	24	campus in the district or school.
25	25	(b-1) If a policy is adopted under Subsection (a-1), the
26	26	policy must provide that the school nurse may administer
27	27	prescription asthma medicine to a student only if the school nurse
28	28	has written notification from a parent or guardian of the student
29	29	that the student has been diagnosed as having asthma and stating
30	30	that the school nurse may administer prescription asthma medicine
31	31	to the student. A school nurse may administer the prescription
32	32	asthma medicine only at a school campus.
33	33	(c) The executive commissioner of the Health and Human
34	34	Services Commission, in consultation with the commissioner of
35	35	education, and with advice from the advisory committee as
36	36	appropriate, shall adopt rules regarding the maintenance,
37	37	administration, and disposal of an epinephrine auto-injector at a
38	38	school campus subject to a policy adopted under Subsection (a) and
39	39	the maintenance and administration of asthma medicine at a school
40	40	campus subject to a policy adopted under Subsection (a-1). The
41	41	rules must establish:
42	42	(1) the number of epinephrine auto-injectors
43	43	available at each campus;
44	44	(2) the amount of prescription asthma medicine
45	45	available at each campus;
46	46	(3) the process for each school district,
47	47	open-enrollment charter school, and private school to check the
48	48	inventory of epinephrine auto-injectors and asthma medicine at
49	49	regular intervals for expiration and replacement; and
50	50	(4) [(3)] the amount of training required for school
51	51	personnel and school volunteers to administer an epinephrine
52	52	auto-injector.
53	53	(e) The supply of epinephrine auto-injectors at each campus
54	54	must be stored in a secure location and be easily accessible to
55	55	school personnel and school volunteers authorized and trained to
56	56	administer an epinephrine auto-injector. The supply of asthma
57	57	medicine at each campus must be stored in a secure location and be
58	58	easily accessible to the school nurse.
59	59	(f) The policy described by Subsection (a-1) may not require
60	60	a school district, open-enrollment charter school, or private
61	61	school to purchase prescription asthma medicine or require any
62	62	other expenditure related to the maintenance or administration of
63	63	asthma medicine that would result in a negative fiscal impact on the
64	64	district or school.
65	65	SECTION 4. The heading to Section 38.211, Education Code,
66	66	is amended to read as follows:
67	67	Sec. 38.211. PRESCRIPTION OF EPINEPHRINE AUTO-INJECTORS
68	68	AND ASTHMA MEDICINE.
69	69	SECTION 5. Sections 38.211(a), (b), (c), (e), and (f),
70	70	Education Code, are amended to read as follows:
71	71	(a) A physician or person who has been delegated
72	72	prescriptive authority under Chapter 157, Occupations Code, may
73	73	prescribe epinephrine auto-injectors or asthma medicine in the name
74	74	of a school district, open-enrollment charter school, or private
75	75	school.
76	76	(b) A physician or other person who prescribes epinephrine
77	77	auto-injectors or asthma medicine under Subsection (a) shall
78	78	provide the school district, open-enrollment charter school, or
79	79	private school with a standing order for the administration of, as
80	80	applicable:
81	81	(1) an epinephrine auto-injector to a person
82	82	reasonably believed to be experiencing anaphylaxis; or
83	83	(2) asthma medicine to a person reasonably believed to
84	84	be experiencing a symptom of asthma and who has provided written
85	85	notification and permission as required by Section 38.208(b-1).
86	86	(c) The standing order under Subsection (b) is not required
87	87	to be patient-specific, and the epinephrine auto-injector or asthma
88	88	medicine may be administered to a person without a previously
89	89	established physician-patient relationship.
90	90	(e) An order issued under this section must contain:
91	91	(1) the name and signature of the prescribing
92	92	physician or other person;
93	93	(2) the name of the school district, open-enrollment
94	94	charter school, or private school to which the order is issued;
95	95	(3) the quantity of epinephrine auto-injectors or
96	96	asthma medicine to be obtained and maintained under the order; and
97	97	(4) the date of issue.
98	98	(f) A pharmacist may dispense an epinephrine auto-injector
99	99	or asthma medicine to a school district, open-enrollment charter
100	100	school, or private school without requiring the name or any other
101	101	identifying information relating to the user.
102	102	SECTION 6. Section 38.212, Education Code, is amended to
103	103	read as follows:
104	104	Sec. 38.212. NOTICE TO PARENTS. If a school district,
105	105	open-enrollment charter school, or private school implements a
106	106	policy under this subchapter [for the maintenance, administration,
107	107	and disposal of epinephrine auto-injectors], the district or school
108	108	shall provide written notice to a parent or guardian of each student
109	109	enrolled in the district or school. Notice required under this
110	110	section must be provided before a [the] policy is implemented by the
111	111	district or school and before the start of each school year.
112	112	SECTION 7. Section 38.215(a), Education Code, is amended to
113	113	read as follows:
114	114	(a) A person who in good faith takes, or fails to take, any
115	115	action under this subchapter is immune from civil or criminal
116	116	liability or disciplinary action resulting from that action or
117	117	failure to act, including:
118	118	(1) issuing an order for epinephrine auto-injectors or
119	119	asthma medicine;
120	120	(2) supervising or delegating the administration of an
121	121	epinephrine auto-injector or asthma medicine;
122	122	(3) possessing, maintaining, storing, or disposing of
123	123	an epinephrine auto-injector or asthma medicine;
124	124	(4) prescribing an epinephrine auto-injector or
125	125	asthma medicine;
126	126	(5) dispensing:
127	127	(A) an epinephrine auto-injector; or
128	128	(B) asthma medicine, provided that permission
129	129	has been granted as provided by Section 38.208(b-1);
130	130	(6) administering, or assisting in administering, an
131	131	epinephrine auto-injector or asthma medicine, provided that
132	132	permission has been granted as provided by Section 38.208(b-1);
133	133	(7) providing, or assisting in providing, training,
134	134	consultation, or advice in the development, adoption, or
135	135	implementation of policies, guidelines, rules, or plans; or
136	136	(8) undertaking any other act permitted or required
137	137	under this subchapter.
138	138	SECTION 8. This Act takes effect immediately if it receives
139	139	a vote of two-thirds of all the members elected to each house, as
140	140	provided by Section 39, Article III, Texas Constitution. If this
141	141	Act does not receive the vote necessary for immediate effect, this
142	142	Act takes effect September 1, 2019.