Texas 2021 - 87th Regular

Texas House Bill HB3819 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Klick (Senate Sponsor - Powell) H.B. No. 3819
2		-	(In the Senate - Received from the House May 12, 2021;
3		-	May 12, 2021, read first time and referred to Committee on
4		-	Education; May 24, 2021, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 9, Nays 0;
6		-	May 24, 2021, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR H.B. No. 3819 By: Powell
	1	+	87R10969 CAE-F
	2	+	By: Klick H.B. No. 3819
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to a public school district policy providing that a school
14	8		nurse may administer prescription asthma medicine to a student.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16		-	SECTION 1. Section 38.208, Education Code, is amended by
17		-	amending Subsection (b-1) and adding Subsections (b-2) and (b-3) to
18		-	read as follows:
	10	+	SECTION 1. Section 38.208(b-1), Education Code, is amended
	11	+	to read as follows:
19	12		(b-1) If a policy is adopted under Subsection (a-1), the
20	13		policy must provide that the school nurse may administer
21		-	prescription asthma medicine to a student only if the student has a
22		-	clinical presentation of asthma with signs and symptoms which may
23		-	include respiratory distress, dyspnea, labored breathing, audible
24		-	wheezing, tightness of chest, or a persistent cough and the school
25		-	[nurse] has [written] notification from a parent or guardian of the
26		-	student that [the student has been diagnosed as having asthma and
27		-	stating that] the school nurse may administer prescription asthma
28		-	medicine if [to] the student experiences respiratory distress. A
29		-	school nurse may administer the prescription asthma medicine only
30		-	at a school campus.
31		-	(b-2) If prescription asthma medication is administered to
32		-	a student whose parent or guardian has not provided notification to
33		-	the school that the student has been diagnosed with asthma, the
34		-	school nurse must refer the student to the student's primary care
35		-	provider on the day medication is administered to the student. The
36		-	school nurse shall provide notification to the student's parent or
37		-	guardian regarding the referral. The referral must include:
38		-	(1) notification of the student's physical assessment;
39		-	(2) the name of the medication administered to the
40		-	student; and
41		-	(3) patient care instructions given to the student.
42		-	(b-3) If a student who has received asthma medication does
43		-	not have a primary care provider or the parent or guardian of the
44		-	student has not engaged a primary care provider for the student, the
45		-	student's parent or guardian must receive information to assist the
46		-	parent or guardian in selecting a primary care provider for the
47		-	student.
	14	+	prescription asthma medicine to a student only if the school nurse
	15	+	has written notification from a parent or guardian of the student
	16	+	that the student has a medical history of asthma or a clinical
	17	+	presentation with signs and symptoms of asthma which may include
	18	+	respiratory distress, dyspnea, labored breathing, audible
	19	+	wheezing, tightness of chest, or a persistent cough [been diagnosed
	20	+	as having asthma] and stating that the school nurse may administer
	21	+	prescription asthma medicine to the student. A school nurse may
	22	+	administer the prescription asthma medicine only at a school
	23	+	campus.
48	24		SECTION 2. This Act takes effect immediately if it receives
49	25		a vote of two-thirds of all the members elected to each house, as
50	26		provided by Section 39, Article III, Texas Constitution. If this
51	27		Act does not receive the vote necessary for immediate effect, this
52	28		Act takes effect September 1, 2021.
53		-	* * * * *