Texas 2019 - 86th Regular

Texas Senate Bill SB869 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 869
	1	+	By: Zaffirini S.B. No. 869
	2	+	(Parker)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to guidelines for policies of school districts and
6	8		open-enrollment charter schools for the care of certain students at
7	9		risk for anaphylaxis.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 38.0151, Education Code, is amended by
10	12		amending Subsections (a), (b), and (e) and adding Subsections (g),
11	13		(h), (i), and (j) to read as follows:
12	14		(a) The board of trustees of each school district and the
13	15		governing body or an appropriate officer of each open-enrollment
14	16		charter school shall adopt and administer a policy for the care of
15	17		students with a diagnosed food allergy at risk for anaphylaxis
16	18		based on "Guidelines for the Care of Students With Food Allergies
17	19		At-Risk for Anaphylaxis" [guidelines] developed by the
18	20		commissioner of state health services under this section and
19	21		updated by the commissioner of state health services in
20	22		consultation with an ad hoc committee appointed by the commissioner
21	23		of state health services as provided by Section 38.0152. The
22	24		guidelines and any recommendation to update the guidelines
23	25		regarding medical treatment or therapy must be scientifically
24	26		valid.
25	27		(b) A school district or open-enrollment charter school
26	28		[that implemented a policy for the care of students with a diagnosed
27	29		food allergy at risk for anaphylaxis before the development of the
28	30		guidelines described by Subsection (a)] shall annually review [the
29	31		policy] and, as necessary, revise its [the] policy for the care of
30	32		students with a diagnosed food allergy at risk for anaphylaxis [as
31	33		necessary] to ensure the policy is consistent with the most current
32	34		version of the guidelines described by Subsection (a).
33	35		(e) The agency shall post the guidelines described by
34	36		Subsection (a) [developed by the commissioner of state health
35	37		services under this section] on the agency's website with any other
36	38		information relating to students with special health needs. The
37	39		information posted by the agency must include a summary of the
38	40		guidelines. The agency shall annually review and, as necessary,
39	41		revise the summary and any other information to reflect the most
40	42		current version of the guidelines.
41	43		(g) Each school year, the board of trustees of each school
42	44		district and the governing body of each open-enrollment charter
43	45		school shall post a summary of the guidelines on the district's or
44	46		school's Internet website, including instructions on obtaining
45	47		access to the complete guidelines document. The district's or
46	48		school's website must be accessible by each student enrolled in the
47	49		district or school and a parent or guardian of each student. Any
48	50		forms used by a district or school requesting information from a
49	51		parent or guardian enrolling a child with a food allergy in the
50	52		district or school must include information to access on the
51	53		district's or school's Internet website a summary of the guidelines
52	54		and instructions on obtaining access to the complete guidelines
53	55		document.
54	56		(h) The guidelines described by Subsection (a) may not:
55	57		(1) require a school district or open-enrollment
56	58		charter school to purchase treatments approved by the United States
57	59		Food and Drug Administration or make any other expenditure that
58	60		would result in a negative fiscal impact on the district or school;
59	61		or
60	62		(2) require the personnel of a district or school to
61	63		administer treatments approved by the United States Food and Drug
62	64		Administration to a student unless the medication is prescribed for
63	65		that student by the student's physician.
64	66		(i) This section does not:
65	67		(1) waive any liability or immunity of a school
66	68		district or open-enrollment charter school or district or school
67	69		officers or employees; or
68	70		(2) create any liability for or a cause of action
69	71		against a school district or open-enrollment charter school or
70	72		district or school officers or employees.
71	73		(j) Notwithstanding any other law, this section, including
72	74		any information or materials developed under this section and the
73	75		dissemination of information or materials developed under this
74	76		section, does not create a civil, criminal, or administrative cause
75	77		of action or liability or create a standard of care, obligation, or
76	78		duty that provides the basis for a cause of action.
77	79		SECTION 2. Subchapter A, Chapter 38, Education Code, is
78	80		amended by adding Section 38.0152 to read as follows:
79	81		Sec. 38.0152. COMMITTEE TO ASSIST IN UPDATING GUIDELINES
80	82		FOR CARE OF STUDENTS AT RISK FOR ANAPHYLAXIS. (a) In this section:
81	83		(1) "Commissioner" means the commissioner of state
82	84		health services.
83	85		(2) "Department" means the Department of State Health
84	86		Services.
85	87		(3) "Guidelines" means "Guidelines for the Care of
86	88		Students With Food Allergies At-Risk for Anaphylaxis" on which
87	89		school district and open-enrollment charter school policies for the
88	90		care of students with a diagnosed food allergy at risk for
89	91		anaphylaxis are based as provided by Section 38.0151.
90	92		(b) The commissioner shall appoint members to an ad hoc
91	93		committee to consult with the commissioner on updating the current
92	94		guidelines to incorporate and specifically reference any new
93	95		food-allergy management best practices and treatments, including
94	96		new methods, treatments, and therapies to reduce the risk of
95	97		allergic reactions.
96	98		(c) The committee must include:
97	99		(1) not more than one representative from:
98	100		(A) the department; and
99	101		(B) the Texas Nurses Association;
100	102		(2) at least two individuals from one or more national
101	103		patient advocacy organizations representing the interests of food
102	104		allergies, anaphylaxis, and related medical issues, including
103	105		asthma;
104	106		(3) one principal of a public elementary school campus
105	107		at which one or more students with a diagnosed food allergy at risk
106	108		for anaphylaxis are enrolled;
107	109		(4) one classroom teacher employed at a public
108	110		elementary school campus at which one or more students with a
109	111		diagnosed food allergy at risk for anaphylaxis are enrolled;
110	112		(5) one superintendent of a school district;
111	113		(6) one member of a board of trustees of a school
112	114		district;
113	115		(7) one member of a governing body of an
114	116		open-enrollment charter school;
115	117		(8) at least two parents of public school students
116	118		with a diagnosed food allergy at risk for anaphylaxis;
117	119		(9) at least four physicians board certified in
118	120		allergy and immunology by the American Board of Allergy and
119	121		Immunology; and
120	122		(10) at least one physician board certified in general
121	123		pediatrics by the American Board of Pediatrics who is a member of a
122	124		statewide pediatric organization.
123	125		(d) Ad hoc committee members shall serve for a period
124	126		determined by the commissioner. On the resignation of a member of
125	127		the committee or the removal of a member from the committee by the
126	128		commissioner, the commissioner shall appoint a new member to the
127	129		committee who qualifies for the committee in the same manner that
128	130		the member who resigned or is removed qualified.
129	131		(e) Section 2110.005, Government Code, does not apply to the
130	132		ad hoc committee appointed under this section.
131	133		(f) Any recommendations on updating the current guidelines
132	134		regarding medical treatment or therapies must be submitted by the
133	135		physicians directly to the commissioner, provided that those
134	136		recommendations may only be submitted to the commissioner if
135	137		approved by a majority of the physicians serving on the committee.
136	138		(g) At least once every three years, the commissioner shall
137	139		order a meeting of the committee to update the guidelines to
138	140		incorporate any new food-allergy management best practices and
139	141		treatments.
140	142		(h) The commissioner may order a meeting of the committee at
141	143		any time the commissioner determines necessary for the committee
142	144		to:
143	145		(1) discuss the protection of students with food
144	146		allergies at risk for anaphylaxis; and
145	147		(2) update the guidelines.
146	148		SECTION 3. The commissioner of state health services shall:
147	149		(1) not later than October 1, 2019, appoint the
148	150		members of the ad hoc committee described by Section 38.0152,
149	151		Education Code, as added by this Act, to consult with the
150	152		commissioner on updating and maintaining the "Guidelines for the
151	153		Care of Students With Food Allergies At-Risk for Anaphylaxis" as
152	154		provided by that section; and
153	155		(2) not later than March 1, 2020, in consultation with
154	156		the ad hoc committee, update the guidelines as necessary.
155	157		SECTION 4. This Act takes effect immediately if it receives
156	158		a vote of two-thirds of all the members elected to each house, as
157	159		provided by Section 39, Article III, Texas Constitution. If this
158	160		Act does not receive the vote necessary for immediate effect, this
159	161		Act takes effect September 1, 2019.
160		-	______________________________ ______________________________
161		-	President of the Senate Speaker of the House
162		-	I hereby certify that S.B. No. 869 passed the Senate on
163		-	May 10, 2019, by the following vote: Yeas 31, Nays 0.
164		-	______________________________
165		-	Secretary of the Senate
166		-	I hereby certify that S.B. No. 869 passed the House on
167		-	May 22, 2019, by the following vote: Yeas 138, Nays 6, two
168		-	present not voting.
169		-	______________________________
170		-	Chief Clerk of the House
171		-	Approved:
172		-	______________________________
173		-	Date
174		-	______________________________
175		-	Governor