Texas 2023 - 88th Regular

Texas House Bill HB3735 Compare Versions

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Version 2 (New)

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1	1	88R11675 GCB-D
2	2	By: Guerra H.B. No. 3735
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 at public school campuses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter E, Chapter 38,
11	11	Education Code, is amended to read as follows:
12	12	SUBCHAPTER E. MAINTENANCE, [AND] ADMINISTRATION, AND DISPOSAL OF
13	13	EPINEPHRINE AUTO-INJECTORS, [AND] ASTHMA MEDICINE, AND OPIOID
14	14	ANTAGONISTS
15	15	SECTION 2. Section 38.201, Education Code, is amended by
16	16	adding Subdivision (3-a) to read as follows:
17	17	(3-a) "Opioid antagonist" and "opioid-related drug
18	18	overdose" have the meanings assigned by Section 483.101, Health and
19	19	Safety Code.
20	20	SECTION 3. The heading to Section 38.208, Education Code,
21	21	is amended to read as follows:
22	22	Sec. 38.208. MAINTENANCE, [AND] ADMINISTRATION, AND
23	23	DISPOSAL OF EPINEPHRINE AUTO-INJECTORS, [AND] ASTHMA MEDICINE, AND
24	24	OPIOID ANTAGONISTS.
25	25	SECTION 4. Section 38.208, Education Code, is amended by
26	26	adding Subsections (a-2) and (c-1) and amending Subsections (c) and
27	27	(e) to read as follows:
28	28	(a-2) Each school district and open-enrollment charter
29	29	school shall adopt and implement a policy authorizing a school
30	30	nurse to maintain, administer, and dispose of an opioid antagonist
31	31	at each campus of the district or school.
32	32	(c) The executive commissioner of the Health and Human
33	33	Services Commission, in consultation with the commissioner of
34	34	education, and with advice from the advisory committee as
35	35	appropriate, shall adopt rules regarding:
36	36	(1) the maintenance, administration, and disposal of
37	37	an epinephrine auto-injector at a school campus subject to a policy
38	38	adopted under Subsection (a);
39	39	(2) [and] the maintenance and administration of asthma
40	40	medicine at a school campus subject to a policy adopted under
41	41	Subsection (a-1); and
42	42	(3) the maintenance, administration, and disposal of
43	43	an opioid antagonist at a school campus in accordance with a policy
44	44	adopted under Subsection (a-2).
45	45	(c-1) The rules adopted under Subsection (c) must
46	46	establish:
47	47	(1) the number of epinephrine auto-injectors
48	48	available at each campus;
49	49	(2) the amount of prescription asthma medicine
50	50	available at each campus;
51	51	(3) the amount and type of opioid antagonists
52	52	available at each campus;
53	53	(4) the process for a [each] school district,
54	54	open-enrollment charter school, and private school, as applicable,
55	55	to check the inventory of epinephrine auto-injectors, [and] asthma
56	56	medicine, and opioid antagonists at regular intervals for
57	57	expiration and replacement; and
58	58	(5) [(4)] the amount of training required for school
59	59	personnel and school volunteers to administer an epinephrine
60	60	auto-injector.
61	61	(e) The supply of epinephrine auto-injectors at each campus
62	62	must be stored in a secure location and be easily accessible to
63	63	school personnel and school volunteers authorized and trained to
64	64	administer an epinephrine auto-injector. The supply of asthma
65	65	medicine and opioid antagonists at each campus must be stored in a
66	66	secure location and be easily accessible to the school nurse.
67	67	SECTION 5. Section 38.209, Education Code, is amended to
68	68	read as follows:
69	69	Sec. 38.209. REPORT ON ADMINISTERING EPINEPHRINE
70	70	AUTO-INJECTOR OR OPIOID ANTAGONIST. (a) Not later than the 10th
71	71	business day after the date a school personnel member or school
72	72	volunteer administers an epinephrine auto-injector in accordance
73	73	with a policy adopted under Section 38.208(a), or a school nurse
74	74	administers an opioid antagonist under Section 38.208(a-2), the
75	75	school shall report the information required under Subsection (b)
76	76	to:
77	77	(1) the school district, the charter holder if the
78	78	school is an open-enrollment charter school, or the governing body
79	79	of the school if the school is a private school, as applicable;
80	80	(2) the physician or other person who prescribed the
81	81	epinephrine auto-injector or opioid antagonist; and
82	82	(3) the commissioner of state health services.
83	83	(b) The report required under this section must include the
84	84	following information:
85	85	(1) the age of the person who received the
86	86	administration of the epinephrine auto-injector or opioid
87	87	antagonist;
88	88	(2) whether the person who received the administration
89	89	of the epinephrine auto-injector or opioid antagonist was a
90	90	student, a school personnel member or school volunteer, or a
91	91	visitor, as applicable;
92	92	(3) the physical location where the epinephrine
93	93	auto-injector or opioid antagonist was administered;
94	94	(4) the number of doses of epinephrine auto-injector
95	95	or opioid antagonist administered;
96	96	(5) the title of the person who administered the
97	97	epinephrine auto-injector or opioid antagonist; and
98	98	(6) any other information required by the commissioner
99	99	of education.
100	100	SECTION 6. The heading to Section 38.211, Education Code,
101	101	is amended to read as follows:
102	102	Sec. 38.211. PRESCRIPTION OF EPINEPHRINE AUTO-INJECTORS,
103	103	[AND] ASTHMA MEDICINE, AND OPIOID ANTAGONISTS.
104	104	SECTION 7. Sections 38.211(a), (b), (c), (e), and (f),
105	105	Education Code, are amended to read as follows:
106	106	(a) A physician or person who has been delegated
107	107	prescriptive authority under Chapter 157, Occupations Code, may
108	108	prescribe:
109	109	(1) epinephrine auto-injectors or asthma medicine in
110	110	the name of a school district, open-enrollment charter school, or
111	111	private school; or
112	112	(2) opioid antagonists in the name of a school
113	113	district or open-enrollment charter school.
114	114	(b) A physician or other person who prescribes epinephrine
115	115	auto-injectors, [or] asthma medicine, or opioid antagonists under
116	116	Subsection (a) shall provide the school district, open-enrollment
117	117	charter school, or private school with a standing order for the
118	118	administration of, as applicable:
119	119	(1) an epinephrine auto-injector to a person
120	120	reasonably believed to be experiencing anaphylaxis; [or]
121	121	(2) asthma medicine to a person reasonably believed to
122	122	be experiencing a symptom of asthma and who has provided written
123	123	notification and permission as required by Section 38.208(b-1); or
124	124	(3) an opioid antagonist to a person reasonably
125	125	believed to be experiencing an opioid-related drug overdose.
126	126	(c) The standing order under Subsection (b) is not required
127	127	to be patient-specific, and the epinephrine auto-injector, [or]
128	128	asthma medicine, or opioid antagonist may be administered to a
129	129	person without a previously established physician-patient
130	130	relationship.
131	131	(e) An order issued under this section must contain:
132	132	(1) the name and signature of the prescribing
133	133	physician or other person;
134	134	(2) the name of the school district, open-enrollment
135	135	charter school, or private school to which the order is issued;
136	136	(3) the quantity of epinephrine auto-injectors, [or]
137	137	asthma medicine, or opioid antagonists to be obtained and
138	138	maintained under the order; and
139	139	(4) the date of issue.
140	140	(f) A pharmacist may dispense, without requiring the name or
141	141	any other identifying information relating to the user:
142	142	(1) an epinephrine auto-injector or asthma medicine to
143	143	a school district, open-enrollment charter school, or private
144	144	school; or
145	145	(2) an opioid antagonist to a school district or
146	146	open-enrollment charter school [without requiring the name or any
147	147	other identifying information relating to the user].
148	148	SECTION 8. Section 38.215(a), Education Code, is amended to
149	149	read as follows:
150	150	(a) A person who in good faith takes, or fails to take, any
151	151	action under this subchapter is immune from civil or criminal
152	152	liability or disciplinary action resulting from that action or
153	153	failure to act, including:
154	154	(1) issuing an order for epinephrine auto-injectors,
155	155	[or] asthma medicine, or opioid antagonists;
156	156	(2) supervising or delegating the administration of an
157	157	epinephrine auto-injector or asthma medicine;
158	158	(3) possessing, maintaining, storing, or disposing of
159	159	an epinephrine auto-injector, [or] asthma medicine, or opioid
160	160	antagonist;
161	161	(4) prescribing an epinephrine auto-injector, [or]
162	162	asthma medicine, or opioid antagonist;
163	163	(5) dispensing:
164	164	(A) an epinephrine auto-injector or opioid
165	165	antagonist; or
166	166	(B) asthma medicine, provided that permission
167	167	has been granted as provided by Section 38.208(b-1);
168	168	(6) administering, or assisting in administering:
169	169	(A) [,] an epinephrine auto-injector or opioid
170	170	antagonist; or
171	171	(B) asthma medicine, provided that permission
172	172	has been granted as provided by Section 38.208(b-1);
173	173	(7) providing, or assisting in providing, training,
174	174	consultation, or advice in the development, adoption, or
175	175	implementation of policies, guidelines, rules, or plans; or
176	176	(8) undertaking any other act permitted or required
177	177	under this subchapter.
178	178	SECTION 9. This Act applies beginning with the 2023-2024
179	179	school year.
180	180	SECTION 10. This Act takes effect immediately if it
181	181	receives a vote of two-thirds of all the members elected to each
182	182	house, as provided by Section 39, Article III, Texas Constitution.
183	183	If this Act does not receive the vote necessary for immediate
184	184	effect, this Act takes effect September 1, 2023.