S.B. No. 869
AN ACT
relating to guidelines for policies of school districts and
open-enrollment charter schools for the care of certain students at
risk for anaphylaxis.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 38.0151, Education Code, is amended by
amending Subsections (a), (b), and (e) and adding Subsections (g),
(h), (i), and (j) to read as follows:
(a) The board of trustees of each school district and the
governing body or an appropriate officer of each open-enrollment
charter school shall adopt and administer a policy for the care of
students with a diagnosed food allergy at risk for anaphylaxis
based on "Guidelines for the Care of Students With Food Allergies
At-Risk for Anaphylaxis" [guidelines] developed by the
commissioner of state health services under this section and
updated by the commissioner of state health services in
consultation with an ad hoc committee appointed by the commissioner
of state health services as provided by Section 38.0152. The
guidelines and any recommendation to update the guidelines
regarding medical treatment or therapy must be scientifically
valid.
(b) A school district or open-enrollment charter school
[that implemented a policy for the care of students with a diagnosed
food allergy at risk for anaphylaxis before the development of the
guidelines described by Subsection (a)] shall annually review [the
policy] and, as necessary, revise its [the] policy for the care of
students with a diagnosed food allergy at risk for anaphylaxis [as
necessary] to ensure the policy is consistent with the most current
version of the guidelines described by Subsection (a).
(e) The agency shall post the guidelines described by
Subsection (a) [developed by the commissioner of state health
services under this section] on the agency's website with any other
information relating to students with special health needs. The
information posted by the agency must include a summary of the
guidelines. The agency shall annually review and, as necessary,
revise the summary and any other information to reflect the most
current version of the guidelines.
(g) Each school year, the board of trustees of each school
district and the governing body of each open-enrollment charter
school shall post a summary of the guidelines on the district's or
school's Internet website, including instructions on obtaining
access to the complete guidelines document. The district's or
school's website must be accessible by each student enrolled in the
district or school and a parent or guardian of each student. Any
forms used by a district or school requesting information from a
parent or guardian enrolling a child with a food allergy in the
district or school must include information to access on the
district's or school's Internet website a summary of the guidelines
and instructions on obtaining access to the complete guidelines
document.
(h) The guidelines described by Subsection (a) may not:
(1) require a school district or open-enrollment
charter school to purchase treatments approved by the United States
Food and Drug Administration or make any other expenditure that
would result in a negative fiscal impact on the district or school;
or
(2) require the personnel of a district or school to
administer treatments approved by the United States Food and Drug
Administration to a student unless the medication is prescribed for
that student by the student's physician.
(i) This section does not:
(1) waive any liability or immunity of a school
district or open-enrollment charter school or district or school
officers or employees; or
(2) create any liability for or a cause of action
against a school district or open-enrollment charter school or
district or school officers or employees.
(j) Notwithstanding any other law, this section, including
any information or materials developed under this section and the
dissemination of information or materials developed under this
section, does not create a civil, criminal, or administrative cause
of action or liability or create a standard of care, obligation, or
duty that provides the basis for a cause of action.
SECTION 2. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.0152 to read as follows:
Sec. 38.0152. COMMITTEE TO ASSIST IN UPDATING GUIDELINES
FOR CARE OF STUDENTS AT RISK FOR ANAPHYLAXIS. (a) In this section:
(1) "Commissioner" means the commissioner of state
health services.
(2) "Department" means the Department of State Health
Services.
(3) "Guidelines" means "Guidelines for the Care of
Students With Food Allergies At-Risk for Anaphylaxis" on which
school district and open-enrollment charter school policies for the
care of students with a diagnosed food allergy at risk for
anaphylaxis are based as provided by Section 38.0151.
(b) The commissioner shall appoint members to an ad hoc
committee to consult with the commissioner on updating the current
guidelines to incorporate and specifically reference any new
food-allergy management best practices and treatments, including
new methods, treatments, and therapies to reduce the risk of
allergic reactions.
(c) The committee must include:
(1) not more than one representative from:
(A) the department; and
(B) the Texas Nurses Association;
(2) at least two individuals from one or more national
patient advocacy organizations representing the interests of food
allergies, anaphylaxis, and related medical issues, including
asthma;
(3) one principal of a public elementary school campus
at which one or more students with a diagnosed food allergy at risk
for anaphylaxis are enrolled;
(4) one classroom teacher employed at a public
elementary school campus at which one or more students with a
diagnosed food allergy at risk for anaphylaxis are enrolled;
(5) one superintendent of a school district;
(6) one member of a board of trustees of a school
district;
(7) one member of a governing body of an
open-enrollment charter school;
(8) at least two parents of public school students
with a diagnosed food allergy at risk for anaphylaxis;
(9) at least four physicians board certified in
allergy and immunology by the American Board of Allergy and
Immunology; and
(10) at least one physician board certified in general
pediatrics by the American Board of Pediatrics who is a member of a
statewide pediatric organization.
(d) Ad hoc committee members shall serve for a period
determined by the commissioner. On the resignation of a member of
the committee or the removal of a member from the committee by the
commissioner, the commissioner shall appoint a new member to the
committee who qualifies for the committee in the same manner that
the member who resigned or is removed qualified.
(e) Section 2110.005, Government Code, does not apply to the
ad hoc committee appointed under this section.
(f) Any recommendations on updating the current guidelines
regarding medical treatment or therapies must be submitted by the
physicians directly to the commissioner, provided that those
recommendations may only be submitted to the commissioner if
approved by a majority of the physicians serving on the committee.
(g) At least once every three years, the commissioner shall
order a meeting of the committee to update the guidelines to
incorporate any new food-allergy management best practices and
treatments.
(h) The commissioner may order a meeting of the committee at
any time the commissioner determines necessary for the committee
to:
(1) discuss the protection of students with food
allergies at risk for anaphylaxis; and
(2) update the guidelines.
SECTION 3. The commissioner of state health services shall:
(1) not later than October 1, 2019, appoint the
members of the ad hoc committee described by Section 38.0152,
Education Code, as added by this Act, to consult with the
commissioner on updating and maintaining the "Guidelines for the
Care of Students With Food Allergies At-Risk for Anaphylaxis" as
provided by that section; and
(2) not later than March 1, 2020, in consultation with
the ad hoc committee, update the guidelines as necessary.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 869 passed the Senate on
May 10, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 869 passed the House on
May 22, 2019, by the following vote: Yeas 138, Nays 6, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor