Texas 2023 - 88th Regular

Texas House Bill HB2891 Compare Versions

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1	1	88R15366 AMF-F
2	2	By: Talarico, Garcia, Oliverson, Bucy, H.B. No. 2891
3	3	Allison
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the use of glucagon medication on certain public and
9	9	private school campuses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 168.001, Health and Safety Code, is
12	12	amended by adding Subdivision (1-a) and amending Subdivisions (4)
13	13	and (5) to read as follows:
14	14	(1-a) "Glucagon medication" means any medication used
15	15	to treat hypoglycemia that contains glucagon.
16	16	(4) "School," unless the context clearly indicates
17	17	otherwise, means a school district [public elementary or secondary
18	18	school. The term does not include an open-enrollment charter
19	19	school established under Subchapter D, Chapter 12, Education Code].
20	20	(5) "School employee," unless the context clearly
21	21	indicates otherwise, means a person employed by:
22	22	(A) a school;
23	23	(B) a local health department that assists a
24	24	school under this chapter; or
25	25	(C) another entity with which a school has
26	26	contracted to perform its duties under this chapter.
27	27	SECTION 2. Chapter 168, Health and Safety Code, is amended
28	28	by adding Sections 168.012 and 168.013 to read as follows:
29	29	Sec. 168.012. MAINTENANCE AND ADMINISTRATION OF GLUCAGON
30	30	MEDICATION. (a) A school district, open-enrollment charter
31	31	school, or private school may adopt and implement a policy
32	32	regarding the maintenance, administration, and disposal of
33	33	glucagon medication at each campus in the district or school.
34	34	(b) A policy adopted under Subsection (a):
35	35	(1) must provide that a school nurse or an unlicensed
36	36	diabetes care assistant may:
37	37	(A) administer glucagon medication to a student
38	38	who is reasonably believed to be experiencing hypoglycemia and for
39	39	whom:
40	40	(i) a diabetes management and treatment
41	41	plan has been submitted to the district or school; and
42	42	(ii) an individualized health plan, as
43	43	described by Section 168.003, has been developed for the student;
44	44	and
45	45	(B) carry glucagon medication prescribed in the
46	46	name of the district or school on the nurse's or assistant's person
47	47	to administer to a student described by Paragraph (A); and
48	48	(2) may not require a district or school to purchase
49	49	glucagon medication or require the district or school to make any
50	50	other expenditure related to the maintenance or administration of
51	51	glucagon medication that would result in a negative fiscal impact
52	52	on the district or school.
53	53	(c) The supply of glucagon medication at a campus subject to
54	54	a policy adopted under Subsection (a) must be stored in a secure
55	55	location and be easily accessible to a school nurse and unlicensed
56	56	diabetes care assistant.
57	57	(d) Notwithstanding any other provision of this chapter, if
58	58	an open-enrollment charter school or private school adopts a policy
59	59	under Subsection (a):
60	60	(1) the parent or guardian of a student with diabetes
61	61	who is enrolled in the school may submit a diabetes management and
62	62	treatment plan developed in accordance with Section 168.002 to the
63	63	school;
64	64	(2) the school may seek school employees who are not
65	65	health care professionals to serve as unlicensed diabetes care
66	66	assistants for purposes of administering glucagon medication under
67	67	the policy; and
68	68	(3) the following provisions of this chapter apply to
69	69	the school as if the school were a school district and to a school
70	70	employee of the school, including a school nurse or unlicensed
71	71	diabetes care assistant, as if the school employee were employed by
72	72	a school district:
73	73	(A) Section 168.002(c);
74	74	(B) Section 168.003 with respect to each student
75	75	who submits a diabetes management and treatment plan to the school;
76	76	(C) Sections 168.004(b) and (c);
77	77	(D) Section 168.005; and
78	78	(E) Section 168.009.
79	79	(e) The executive commissioner, in consultation with the
80	80	commissioner of the Texas Education Agency, shall adopt rules
81	81	regarding the maintenance, administration, and disposal of
82	82	glucagon medication at a school campus in accordance with a policy
83	83	adopted under Subsection (a).
84	84	Sec. 168.013. PRESCRIPTION OF GLUCAGON MEDICATION. (a) A
85	85	physician or person who has been delegated prescriptive authority
86	86	under Chapter 157, Occupations Code, may prescribe glucagon
87	87	medication in the name of a school district, open-enrollment
88	88	charter school, or private school that adopts a policy under
89	89	Section 168.012(a).
90	90	(b) A physician or other person who prescribes glucagon
91	91	medication under Subsection (a) shall provide the school district,
92	92	open-enrollment charter school, or private school with a standing
93	93	order for the administration of glucagon medication to a student
94	94	described by Section 168.012(b)(1)(A).
95	95	(c) The standing order under Subsection (b) is not required
96	96	to be patient-specific, and the glucagon medication may be
97	97	administered to a person without a previously established
98	98	physician-patient relationship.
99	99	(d) Notwithstanding any other provisions of law,
100	100	supervision or delegation by a physician is considered adequate if
101	101	the physician:
102	102	(1) periodically reviews the order; and
103	103	(2) is available through direct telecommunication as
104	104	needed for consultation, assistance, and direction.
105	105	(e) A pharmacist may dispense glucagon medication to a
106	106	school district, open-enrollment charter school, or private school
107	107	that adopts a policy under Section 168.012(a) without requiring the
108	108	name or any other identifying information relating to the user.
109	109	SECTION 3. This Act applies beginning with the 2023-2024
110	110	school year.
111	111	SECTION 4. This Act takes effect immediately if it receives
112	112	a vote of two-thirds of all the members elected to each house, as
113	113	provided by Section 39, Article III, Texas Constitution. If this
114	114	Act does not receive the vote necessary for immediate effect, this
115	115	Act takes effect September 1, 2023.