88R11675 GCB-D
By: Guerra H.B. No. 3735
A BILL TO BE ENTITLED
AN ACT
relating to the administration of opioid antagonists by a school
nurse at public school campuses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter E, Chapter 38,
Education Code, is amended to read as follows:
SUBCHAPTER E. MAINTENANCE, [AND] ADMINISTRATION, AND DISPOSAL OF
EPINEPHRINE AUTO-INJECTORS, [AND] ASTHMA MEDICINE, AND OPIOID
ANTAGONISTS
SECTION 2. Section 38.201, Education Code, is amended by
adding Subdivision (3-a) to read as follows:
(3-a) "Opioid antagonist" and "opioid-related drug
overdose" have the meanings assigned by Section 483.101, Health and
Safety Code.
SECTION 3. The heading to Section 38.208, Education Code,
is amended to read as follows:
Sec. 38.208. MAINTENANCE, [AND] ADMINISTRATION, AND
DISPOSAL OF EPINEPHRINE AUTO-INJECTORS, [AND] ASTHMA MEDICINE, AND
OPIOID ANTAGONISTS.
SECTION 4. Section 38.208, Education Code, is amended by
adding Subsections (a-2) and (c-1) and amending Subsections (c) and
(e) to read as follows:
(a-2) Each school district and open-enrollment charter
school shall adopt and implement a policy authorizing a school
nurse to maintain, administer, and dispose of an opioid antagonist
at each campus of the district or school.
(c) The executive commissioner of the Health and Human
Services Commission, in consultation with the commissioner of
education, and with advice from the advisory committee as
appropriate, shall adopt rules regarding:
(1) the maintenance, administration, and disposal of
an epinephrine auto-injector at a school campus subject to a policy
adopted under Subsection (a);
(2) [and] the maintenance and administration of asthma
medicine at a school campus subject to a policy adopted under
Subsection (a-1); and
(3) the maintenance, administration, and disposal of
an opioid antagonist at a school campus in accordance with a policy
adopted under Subsection (a-2).
(c-1) The rules adopted under Subsection (c) must
establish:
(1) the number of epinephrine auto-injectors
available at each campus;
(2) the amount of prescription asthma medicine
available at each campus;
(3) the amount and type of opioid antagonists
available at each campus;
(4) the process for a [each] school district,
open-enrollment charter school, and private school, as applicable,
to check the inventory of epinephrine auto-injectors, [and] asthma
medicine, and opioid antagonists at regular intervals for
expiration and replacement; and
(5) [(4)] the amount of training required for school
personnel and school volunteers to administer an epinephrine
auto-injector.
(e) The supply of epinephrine auto-injectors at each campus
must be stored in a secure location and be easily accessible to
school personnel and school volunteers authorized and trained to
administer an epinephrine auto-injector. The supply of asthma
medicine and opioid antagonists at each campus must be stored in a
secure location and be easily accessible to the school nurse.
SECTION 5. Section 38.209, Education Code, is amended to
read as follows:
Sec. 38.209. REPORT ON ADMINISTERING EPINEPHRINE
AUTO-INJECTOR OR OPIOID ANTAGONIST. (a) Not later than the 10th
business day after the date a school personnel member or school
volunteer administers an epinephrine auto-injector in accordance
with a policy adopted under Section 38.208(a), or a school nurse
administers an opioid antagonist under Section 38.208(a-2), the
school shall report the information required under Subsection (b)
to:
(1) the school district, the charter holder if the
school is an open-enrollment charter school, or the governing body
of the school if the school is a private school, as applicable;
(2) the physician or other person who prescribed the
epinephrine auto-injector or opioid antagonist; and
(3) the commissioner of state health services.
(b) The report required under this section must include the
following information:
(1) the age of the person who received the
administration of the epinephrine auto-injector or opioid
antagonist;
(2) whether the person who received the administration
of the epinephrine auto-injector or opioid antagonist was a
student, a school personnel member or school volunteer, or a
visitor, as applicable;
(3) the physical location where the epinephrine
auto-injector or opioid antagonist was administered;
(4) the number of doses of epinephrine auto-injector
or opioid antagonist administered;
(5) the title of the person who administered the
epinephrine auto-injector or opioid antagonist; and
(6) any other information required by the commissioner
of education.
SECTION 6. The heading to Section 38.211, Education Code,
is amended to read as follows:
Sec. 38.211. PRESCRIPTION OF EPINEPHRINE AUTO-INJECTORS,
[AND] ASTHMA MEDICINE, AND OPIOID ANTAGONISTS.
SECTION 7. Sections 38.211(a), (b), (c), (e), and (f),
Education Code, are amended to read as follows:
(a) A physician or person who has been delegated
prescriptive authority under Chapter 157, Occupations Code, may
prescribe:
(1) epinephrine auto-injectors or asthma medicine in
the name of a school district, open-enrollment charter school, or
private school; or
(2) opioid antagonists in the name of a school
district or open-enrollment charter school.
(b) A physician or other person who prescribes epinephrine
auto-injectors, [or] asthma medicine, or opioid antagonists under
Subsection (a) shall provide the school district, open-enrollment
charter school, or private school with a standing order for the
administration of, as applicable:
(1) an epinephrine auto-injector to a person
reasonably believed to be experiencing anaphylaxis; [or]
(2) asthma medicine to a person reasonably believed to
be experiencing a symptom of asthma and who has provided written
notification and permission as required by Section 38.208(b-1); or
(3) an opioid antagonist to a person reasonably
believed to be experiencing an opioid-related drug overdose.
(c) The standing order under Subsection (b) is not required
to be patient-specific, and the epinephrine auto-injector, [or]
asthma medicine, or opioid antagonist may be administered to a
person without a previously established physician-patient
relationship.
(e) An order issued under this section must contain:
(1) the name and signature of the prescribing
physician or other person;
(2) the name of the school district, open-enrollment
charter school, or private school to which the order is issued;
(3) the quantity of epinephrine auto-injectors, [or]
asthma medicine, or opioid antagonists to be obtained and
maintained under the order; and
(4) the date of issue.
(f) A pharmacist may dispense, without requiring the name or
any other identifying information relating to the user:
(1) an epinephrine auto-injector or asthma medicine to
a school district, open-enrollment charter school, or private
school; or
(2) an opioid antagonist to a school district or
open-enrollment charter school [without requiring the name or any
other identifying information relating to the user].
SECTION 8. Section 38.215(a), Education Code, is amended to
read as follows:
(a) A person who in good faith takes, or fails to take, any
action under this subchapter is immune from civil or criminal
liability or disciplinary action resulting from that action or
failure to act, including:
(1) issuing an order for epinephrine auto-injectors,
[or] asthma medicine, or opioid antagonists;
(2) supervising or delegating the administration of an
epinephrine auto-injector or asthma medicine;
(3) possessing, maintaining, storing, or disposing of
an epinephrine auto-injector, [or] asthma medicine, or opioid
antagonist;
(4) prescribing an epinephrine auto-injector, [or]
asthma medicine, or opioid antagonist;
(5) dispensing:
(A) an epinephrine auto-injector or opioid
antagonist; or
(B) asthma medicine, provided that permission
has been granted as provided by Section 38.208(b-1);
(6) administering, or assisting in administering:
(A) [,] an epinephrine auto-injector or opioid
antagonist; or
(B) asthma medicine, provided that permission
has been granted as provided by Section 38.208(b-1);
(7) providing, or assisting in providing, training,
consultation, or advice in the development, adoption, or
implementation of policies, guidelines, rules, or plans; or
(8) undertaking any other act permitted or required
under this subchapter.
SECTION 9. This Act applies beginning with the 2023-2024
school year.
SECTION 10. 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.