88R15366 AMF-F
By: Talarico, Garcia, Oliverson, Bucy, H.B. No. 2891
Allison
A BILL TO BE ENTITLED
AN ACT
relating to the use of glucagon medication on certain public and
private school campuses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 168.001, Health and Safety Code, is
amended by adding Subdivision (1-a) and amending Subdivisions (4)
and (5) to read as follows:
(1-a) "Glucagon medication" means any medication used
to treat hypoglycemia that contains glucagon.
(4) "School," unless the context clearly indicates
otherwise, means a school district [public elementary or secondary
school. The term does not include an open-enrollment charter
school established under Subchapter D, Chapter 12, Education Code].
(5) "School employee," unless the context clearly
indicates otherwise, means a person employed by:
(A) a school;
(B) a local health department that assists a
school under this chapter; or
(C) another entity with which a school has
contracted to perform its duties under this chapter.
SECTION 2. Chapter 168, Health and Safety Code, is amended
by adding Sections 168.012 and 168.013 to read as follows:
Sec. 168.012. MAINTENANCE AND ADMINISTRATION OF GLUCAGON
MEDICATION. (a) A school district, open-enrollment charter
school, or private school may adopt and implement a policy
regarding the maintenance, administration, and disposal of
glucagon medication at each campus in the district or school.
(b) A policy adopted under Subsection (a):
(1) must provide that a school nurse or an unlicensed
diabetes care assistant may:
(A) administer glucagon medication to a student
who is reasonably believed to be experiencing hypoglycemia and for
whom:
(i) a diabetes management and treatment
plan has been submitted to the district or school; and
(ii) an individualized health plan, as
described by Section 168.003, has been developed for the student;
and
(B) carry glucagon medication prescribed in the
name of the district or school on the nurse's or assistant's person
to administer to a student described by Paragraph (A); and
(2) may not require a district or school to purchase
glucagon medication or require the district or school to make any
other expenditure related to the maintenance or administration of
glucagon medication that would result in a negative fiscal impact
on the district or school.
(c) The supply of glucagon medication at a campus subject to
a policy adopted under Subsection (a) must be stored in a secure
location and be easily accessible to a school nurse and unlicensed
diabetes care assistant.
(d) Notwithstanding any other provision of this chapter, if
an open-enrollment charter school or private school adopts a policy
under Subsection (a):
(1) the parent or guardian of a student with diabetes
who is enrolled in the school may submit a diabetes management and
treatment plan developed in accordance with Section 168.002 to the
school;
(2) the school may seek school employees who are not
health care professionals to serve as unlicensed diabetes care
assistants for purposes of administering glucagon medication under
the policy; and
(3) the following provisions of this chapter apply to
the school as if the school were a school district and to a school
employee of the school, including a school nurse or unlicensed
diabetes care assistant, as if the school employee were employed by
a school district:
(A) Section 168.002(c);
(B) Section 168.003 with respect to each student
who submits a diabetes management and treatment plan to the school;
(C) Sections 168.004(b) and (c);
(D) Section 168.005; and
(E) Section 168.009.
(e) The executive commissioner, in consultation with the
commissioner of the Texas Education Agency, shall adopt rules
regarding the maintenance, administration, and disposal of
glucagon medication at a school campus in accordance with a policy
adopted under Subsection (a).
Sec. 168.013. PRESCRIPTION OF GLUCAGON MEDICATION. (a) A
physician or person who has been delegated prescriptive authority
under Chapter 157, Occupations Code, may prescribe glucagon
medication in the name of a school district, open-enrollment
charter school, or private school that adopts a policy under
Section 168.012(a).
(b) A physician or other person who prescribes glucagon
medication under Subsection (a) shall provide the school district,
open-enrollment charter school, or private school with a standing
order for the administration of glucagon medication to a student
described by Section 168.012(b)(1)(A).
(c) The standing order under Subsection (b) is not required
to be patient-specific, and the glucagon medication may be
administered to a person without a previously established
physician-patient relationship.
(d) Notwithstanding any other provisions of law,
supervision or delegation by a physician is considered adequate if
the physician:
(1) periodically reviews the order; and
(2) is available through direct telecommunication as
needed for consultation, assistance, and direction.
(e) A pharmacist may dispense glucagon medication to a
school district, open-enrollment charter school, or private school
that adopts a policy under Section 168.012(a) without requiring the
name or any other identifying information relating to the user.
SECTION 3. This Act applies beginning with the 2023-2024
school year.
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, 2023.