Texas 2025 - 89th Regular

Texas House Bill HB1807 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R4823 AMF-D
2	2	By: Goodwin H.B. No. 1807
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the self-administration of prescription anti-seizure
10	10	medicine by a student at a public school.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Section 38.015, Education Code,
13	13	is amended to read as follows:
14	14	Sec. 38.015. SELF-ADMINISTRATION OF PRESCRIPTION ASTHMA,
15	15	[OR] ANAPHYLAXIS, OR ANTI-SEIZURE MEDICINE BY STUDENTS.
16	16	SECTION 2. Sections 38.015(a) and (b), Education Code, are
17	17	amended to read as follows:
18	18	(a) In this section:
19	19	(1) "Parent" includes a person standing in parental
20	20	relation.
21	21	(2) "Self-administration of prescription asthma, [or]
22	22	anaphylaxis, or anti-seizure medicine" means a student's
23	23	discretionary use of prescription asthma, [or] anaphylaxis, or
24	24	anti-seizure medicine.
25	25	(b) A student with asthma, [or] anaphylaxis, or a seizure
26	26	disorder is entitled to possess and self-administer prescription
27	27	asthma, [or] anaphylaxis, or anti-seizure medicine, as applicable,
28	28	while on school property or at a school-related event or activity
29	29	if:
30	30	(1) the prescription medicine has been prescribed for
31	31	that student as indicated by the prescription label on the
32	32	medicine;
33	33	(2) the student has demonstrated to the student's
34	34	physician or other licensed health care provider and the school
35	35	nurse, if available, the skill level necessary to self-administer
36	36	the prescription medication, including the use of any device
37	37	required to administer the medication;
38	38	(3) the self-administration is done in compliance
39	39	with:
40	40	(A) the prescription or written instructions
41	41	from the student's physician or other licensed health care
42	42	provider; or
43	43	(B) for a student with a seizure disorder, the
44	44	student's seizure management and treatment plan under Section
45	45	38.032; and
46	46	(4) a parent of the student provides to the school:
47	47	(A) a written authorization, signed by the
48	48	parent, for the student to self-administer the prescription
49	49	medicine while on school property or at a school-related event or
50	50	activity; and
51	51	(B) a written statement from the student's
52	52	physician or other licensed health care provider, signed by the
53	53	physician or provider, that states:
54	54	(i) that the student has asthma, [or]
55	55	anaphylaxis, or a seizure disorder and is capable of
56	56	self-administering the prescription medicine;
57	57	(ii) the name and purpose of the medicine;
58	58	(iii) the prescribed dosage for the
59	59	medicine;
60	60	(iv) the times at which or circumstances
61	61	under which the medicine may be administered; and
62	62	(v) the period for which the medicine is
63	63	prescribed.
64	64	SECTION 3. Section 38.032(b), Education Code, is amended to
65	65	read as follows:
66	66	(b) The agency shall adopt and post on the agency's Internet
67	67	website a form to be used in submitting a seizure management and
68	68	treatment plan under this section. The form must request the
69	69	following information:
70	70	(1) the student's name and date of birth;
71	71	(2) the names and contact information of the student's
72	72	parent or guardian, the physician responsible for the student's
73	73	seizure treatment, and at least one other emergency contact;
74	74	(3) any medical history significant to the student's
75	75	seizure disorder;
76	76	(4) the type, length, and frequency of the student's
77	77	seizures;
78	78	(5) a description of each type of seizure the student
79	79	has experienced;
80	80	(6) the student's seizure triggers or warning signs;
81	81	(7) the student's ability to manage seizures and the
82	82	student's level of understanding of the seizures;
83	83	(8) instructions for the student's
84	84	self-administration of prescription anti-seizure medication, if
85	85	applicable;
86	86	(9) the student's response after a seizure;
87	87	(10) [(9)] the basic first aid to be provided to the
88	88	student during a seizure, including whether the student needs to
89	89	leave the classroom after a seizure and the process for the
90	90	student's return to the classroom, if applicable;
91	91	(11) [(10)] a description of what constitutes a
92	92	seizure emergency for the student;
93	93	(12) [(11)] a description of seizure emergency
94	94	protocol for district personnel to follow in the event of a seizure
95	95	emergency for the student;
96	96	(13) [(12)] a treatment protocol for any medications
97	97	or other procedures to be administered by district personnel to the
98	98	student during school hours, including:
99	99	(A) each daily or emergency medication,
100	100	including:
101	101	(i) the name and dosage of the medication
102	102	and the time at which the medication is to be given;
103	103	(ii) common side effects for the
104	104	medication; and
105	105	(iii) any special instructions regarding
106	106	the medication; and
107	107	(B) whether the student has a vagus nerve
108	108	stimulator and, if so, appropriate magnet use for the stimulator;
109	109	(14) [(13)] any special considerations or precautions
110	110	applicable to the student; and
111	111	(15) [(14)] the signatures of the student's parent or
112	112	guardian and the physician responsible for the student's seizure
113	113	treatment.
114	114	SECTION 4. As soon as practicable after the effective date
115	115	of this Act but not later than December 1, 2025, the Texas Education
116	116	Agency shall update the form for submitting a seizure management
117	117	and treatment plan as necessary to conform to Section 38.032(b),
118	118	Education Code, as amended by this Act, and post the form on the
119	119	agency's Internet website.
120	120	SECTION 5. This Act applies beginning with the 2025-2026
121	121	school year.
122	122	SECTION 6. This Act takes effect immediately if it receives
123	123	a vote of two-thirds of all the members elected to each house, as
124	124	provided by Section 39, Article III, Texas Constitution. If this
125	125	Act does not receive the vote necessary for immediate effect, this
126	126	Act takes effect September 1, 2025.