Texas 2023 - 88th Regular

Texas House Bill HB3680 Compare Versions

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1	1	88R11421 GCB-D
2	2	By: Jones of Harris H.B. No. 3680
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration of opioid antagonists by a school
8	8	nurse or school district administrative personnel at public school
9	9	campuses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Subchapter E, Chapter 38,
12	12	Education Code, is amended to read as follows:
13	13	SUBCHAPTER E. MAINTENANCE, [AND] ADMINISTRATION, AND DISPOSAL OF
14	14	EPINEPHRINE AUTO-INJECTORS, [AND] ASTHMA MEDICINE, AND OPIOID
15	15	ANTAGONISTS
16	16	SECTION 2. Section 38.201, Education Code, is amended by
17	17	adding Subdivision (3-a) to read as follows:
18	18	(3-a) "Opioid antagonist" and "opioid-related drug
19	19	overdose" have the meanings assigned by Section 483.101, Health and
20	20	Safety Code.
21	21	SECTION 3. The heading to Section 38.208, Education Code,
22	22	is amended to read as follows:
23	23	Sec. 38.208. MAINTENANCE, [AND] ADMINISTRATION, AND
24	24	DISPOSAL OF EPINEPHRINE AUTO-INJECTORS, [AND] ASTHMA MEDICINE, AND
25	25	OPIOID ANTAGONISTS.
26	26	SECTION 4. Section 38.208, Education Code, is amended by
27	27	adding Subsections (a-2) and (c-1) and amending Subsections (c) and
28	28	(e) to read as follows:
29	29	(a-2) Each school district and open-enrollment charter
30	30	school shall adopt and implement a policy authorizing a school
31	31	nurse or, if the district or school does not employ a school nurse
32	32	or the school nurse is not present at the campus, an authorized
33	33	campus administrative personnel to maintain, administer, and
34	34	dispose of an opioid antagonist at each campus in the district or
35	35	school that serves students in grades 6 through 12.
36	36	(c) The executive commissioner of the Health and Human
37	37	Services Commission, in consultation with the commissioner of
38	38	education, and with advice from the advisory committee as
39	39	appropriate, shall adopt rules regarding:
40	40	(1) the maintenance, administration, and disposal of
41	41	an epinephrine auto-injector at a school campus subject to a policy
42	42	adopted under Subsection (a);
43	43	(2) [and] the maintenance and administration of asthma
44	44	medicine at a school campus subject to a policy adopted under
45	45	Subsection (a-1); and
46	46	(3) the maintenance, administration, and disposal of
47	47	an opioid antagonist at a campus subject to a policy adopted under
48	48	Subsection (a-2).
49	49	(c-1) The rules adopted under Subsection (c) must
50	50	establish:
51	51	(1) the number of epinephrine auto-injectors
52	52	available at each campus;
53	53	(2) the amount of prescription asthma medicine
54	54	available at each campus;
55	55	(3) the amount and type of opioid antagonists
56	56	available at each campus;
57	57	(4) the process for a [each] school district,
58	58	open-enrollment charter school, and private school, as applicable,
59	59	to check the inventory of epinephrine auto-injectors, [and] asthma
60	60	medicine, and opioid antagonists at regular intervals for
61	61	expiration and replacement; and
62	62	(5) [(4)] the amount of training required for school
63	63	personnel and school volunteers to administer an epinephrine
64	64	auto-injector.
65	65	(e) The supply of epinephrine auto-injectors at each campus
66	66	must be stored in a secure location and be easily accessible to
67	67	school personnel and school volunteers authorized and trained to
68	68	administer an epinephrine auto-injector. The supply of asthma
69	69	medicine and opioid antagonists at each campus must be stored in a
70	70	secure location and be easily accessible to the school nurse.
71	71	SECTION 5. Section 38.209, Education Code, is amended to
72	72	read as follows:
73	73	Sec. 38.209. REPORT ON ADMINISTERING EPINEPHRINE
74	74	AUTO-INJECTOR OR OPIOID ANTAGONIST. (a) Not later than the 10th
75	75	business day after the date a school personnel member or school
76	76	volunteer administers an epinephrine auto-injector in accordance
77	77	with a policy adopted under Section 38.208(a), or a school nurse or
78	78	campus administrative personnel administers an opioid antagonist
79	79	under Section 38.208(a-2), the school shall report the information
80	80	required under Subsection (b) to:
81	81	(1) the school district, the charter holder if the
82	82	school is an open-enrollment charter school, or the governing body
83	83	of the school if the school is a private school, as applicable;
84	84	(2) the physician or other person who prescribed the
85	85	epinephrine auto-injector or opioid antagonist; and
86	86	(3) the commissioner of state health services.
87	87	(b) The report required under this section must include the
88	88	following information:
89	89	(1) the age of the person who received the
90	90	administration of the epinephrine auto-injector or opioid
91	91	antagonist;
92	92	(2) whether the person who received the administration
93	93	of the epinephrine auto-injector or opioid antagonist was a
94	94	student, a school personnel member or school volunteer, or a
95	95	visitor, as applicable;
96	96	(3) the physical location where the epinephrine
97	97	auto-injector or opioid antagonist was administered;
98	98	(4) the number of doses of epinephrine auto-injector
99	99	or opioid antagonist administered;
100	100	(5) the title of the person who administered the
101	101	epinephrine auto-injector or opioid antagonist; and
102	102	(6) any other information required by the commissioner
103	103	of education.
104	104	SECTION 6. The heading to Section 38.211, Education Code,
105	105	is amended to read as follows:
106	106	Sec. 38.211. PRESCRIPTION OF EPINEPHRINE AUTO-INJECTORS,
107	107	[AND] ASTHMA MEDICINE, AND OPIOID ANTAGONISTS.
108	108	SECTION 7. Sections 38.211(a), (b), (c), (e), and (f),
109	109	Education Code, are amended to read as follows:
110	110	(a) A physician or person who has been delegated
111	111	prescriptive authority under Chapter 157, Occupations Code, may
112	112	prescribe:
113	113	(1) epinephrine auto-injectors or asthma medicine in
114	114	the name of a school district, open-enrollment charter school, or
115	115	private school; or
116	116	(2) opioid antagonists in the name of a school
117	117	district or open-enrollment charter school.
118	118	(b) A physician or other person who prescribes epinephrine
119	119	auto-injectors, [or] asthma medicine, or opioid antagonists under
120	120	Subsection (a) shall provide the school district, open-enrollment
121	121	charter school, or private school with a standing order for the
122	122	administration of, as applicable:
123	123	(1) an epinephrine auto-injector to a person
124	124	reasonably believed to be experiencing anaphylaxis; [or]
125	125	(2) asthma medicine to a person reasonably believed to
126	126	be experiencing a symptom of asthma and who has provided written
127	127	notification and permission as required by Section 38.208(b-1); or
128	128	(3) an opioid antagonist to a person reasonably
129	129	believed to be experiencing an opioid-related drug overdose.
130	130	(c) The standing order under Subsection (b) is not required
131	131	to be patient-specific, and the epinephrine auto-injector, [or]
132	132	asthma medicine, or opioid antagonist may be administered to a
133	133	person without a previously established physician-patient
134	134	relationship.
135	135	(e) An order issued under this section must contain:
136	136	(1) the name and signature of the prescribing
137	137	physician or other person;
138	138	(2) the name of the school district, open-enrollment
139	139	charter school, or private school to which the order is issued;
140	140	(3) the quantity of epinephrine auto-injectors, [or]
141	141	asthma medicine, or opioid antagonists to be obtained and
142	142	maintained under the order; and
143	143	(4) the date of issue.
144	144	(f) A pharmacist may dispense, without requiring the name or
145	145	any other identifying information relating to the user:
146	146	(1) an epinephrine auto-injector or asthma medicine to
147	147	a school district, open-enrollment charter school, or private
148	148	school; or
149	149	(2) an opioid antagonist to a school district or
150	150	open-enrollment charter school [without requiring the name or any
151	151	other identifying information relating to the user].
152	152	SECTION 8. Section 38.215(a), Education Code, is amended to
153	153	read as follows:
154	154	(a) A person who in good faith takes, or fails to take, any
155	155	action under this subchapter is immune from civil or criminal
156	156	liability or disciplinary action resulting from that action or
157	157	failure to act, including:
158	158	(1) issuing an order for epinephrine auto-injectors,
159	159	[or] asthma medicine, or opioid antagonists;
160	160	(2) supervising or delegating the administration of an
161	161	epinephrine auto-injector or asthma medicine;
162	162	(3) possessing, maintaining, storing, or disposing of
163	163	an epinephrine auto-injector, [or] asthma medicine, or opioid
164	164	antagonist;
165	165	(4) prescribing an epinephrine auto-injector, [or]
166	166	asthma medicine, or opioid antagonist;
167	167	(5) dispensing:
168	168	(A) an epinephrine auto-injector or opioid
169	169	antagonist; or
170	170	(B) asthma medicine, provided that permission
171	171	has been granted as provided by Section 38.208(b-1);
172	172	(6) administering, or assisting in administering:
173	173	(A) [,] an epinephrine auto-injector or opioid
174	174	antagonist; or
175	175	(B) asthma medicine, provided that permission
176	176	has been granted as provided by Section 38.208(b-1);
177	177	(7) providing, or assisting in providing, training,
178	178	consultation, or advice in the development, adoption, or
179	179	implementation of policies, guidelines, rules, or plans; or
180	180	(8) undertaking any other act permitted or required
181	181	under this subchapter.
182	182	SECTION 9. This Act applies beginning with the 2023-2024
183	183	school year.
184	184	SECTION 10. This Act takes effect immediately if it
185	185	receives a vote of two-thirds of all the members elected to each
186	186	house, as provided by Section 39, Article III, Texas Constitution.
187	187	If this Act does not receive the vote necessary for immediate
188	188	effect, this Act takes effect September 1, 2023.