89R4823 AMF-D
By: Goodwin H.B. No. 1807
A BILL TO BE ENTITLED
AN ACT
relating to the self-administration of prescription anti-seizure
medicine by a student at a public school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 38.015, Education Code,
is amended to read as follows:
Sec. 38.015. SELF-ADMINISTRATION OF PRESCRIPTION ASTHMA,
[OR] ANAPHYLAXIS, OR ANTI-SEIZURE MEDICINE BY STUDENTS.
SECTION 2. Sections 38.015(a) and (b), Education Code, are
amended to read as follows:
(a) In this section:
(1) "Parent" includes a person standing in parental
relation.
(2) "Self-administration of prescription asthma, [or]
anaphylaxis, or anti-seizure medicine" means a student's
discretionary use of prescription asthma, [or] anaphylaxis, or
anti-seizure medicine.
(b) A student with asthma, [or] anaphylaxis, or a seizure
disorder is entitled to possess and self-administer prescription
asthma, [or] anaphylaxis, or anti-seizure medicine, as applicable,
while on school property or at a school-related event or activity
if:
(1) the prescription medicine has been prescribed for
that student as indicated by the prescription label on the
medicine;
(2) the student has demonstrated to the student's
physician or other licensed health care provider and the school
nurse, if available, the skill level necessary to self-administer
the prescription medication, including the use of any device
required to administer the medication;
(3) the self-administration is done in compliance
with:
(A) the prescription or written instructions
from the student's physician or other licensed health care
provider; or
(B) for a student with a seizure disorder, the
student's seizure management and treatment plan under Section
38.032; and
(4) a parent of the student provides to the school:
(A) a written authorization, signed by the
parent, for the student to self-administer the prescription
medicine while on school property or at a school-related event or
activity; and
(B) a written statement from the student's
physician or other licensed health care provider, signed by the
physician or provider, that states:
(i) that the student has asthma, [or]
anaphylaxis, or a seizure disorder and is capable of
self-administering the prescription medicine;
(ii) the name and purpose of the medicine;
(iii) the prescribed dosage for the
medicine;
(iv) the times at which or circumstances
under which the medicine may be administered; and
(v) the period for which the medicine is
prescribed.
SECTION 3. Section 38.032(b), Education Code, is amended to
read as follows:
(b) The agency shall adopt and post on the agency's Internet
website a form to be used in submitting a seizure management and
treatment plan under this section. The form must request the
following information:
(1) the student's name and date of birth;
(2) the names and contact information of the student's
parent or guardian, the physician responsible for the student's
seizure treatment, and at least one other emergency contact;
(3) any medical history significant to the student's
seizure disorder;
(4) the type, length, and frequency of the student's
seizures;
(5) a description of each type of seizure the student
has experienced;
(6) the student's seizure triggers or warning signs;
(7) the student's ability to manage seizures and the
student's level of understanding of the seizures;
(8) instructions for the student's
self-administration of prescription anti-seizure medication, if
applicable;
(9) the student's response after a seizure;
(10) [(9)] the basic first aid to be provided to the
student during a seizure, including whether the student needs to
leave the classroom after a seizure and the process for the
student's return to the classroom, if applicable;
(11) [(10)] a description of what constitutes a
seizure emergency for the student;
(12) [(11)] a description of seizure emergency
protocol for district personnel to follow in the event of a seizure
emergency for the student;
(13) [(12)] a treatment protocol for any medications
or other procedures to be administered by district personnel to the
student during school hours, including:
(A) each daily or emergency medication,
including:
(i) the name and dosage of the medication
and the time at which the medication is to be given;
(ii) common side effects for the
medication; and
(iii) any special instructions regarding
the medication; and
(B) whether the student has a vagus nerve
stimulator and, if so, appropriate magnet use for the stimulator;
(14) [(13)] any special considerations or precautions
applicable to the student; and
(15) [(14)] the signatures of the student's parent or
guardian and the physician responsible for the student's seizure
treatment.
SECTION 4. As soon as practicable after the effective date
of this Act but not later than December 1, 2025, the Texas Education
Agency shall update the form for submitting a seizure management
and treatment plan as necessary to conform to Section 38.032(b),
Education Code, as amended by this Act, and post the form on the
agency's Internet website.
SECTION 5. This Act applies beginning with the 2025-2026
school year.
SECTION 6. 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, 2025.