Texas 2025 - 89th Regular

Texas House Bill HB2801 Compare Versions

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

Old	New	Differences
1	1	89R10397 RAL-D
2	2	By: Simmons H.B. No. 2801
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the definition of an epinephrine delivery device and
10	10	the use of those devices in public and private schools.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 38.0151(f), Education Code, is amended
13	13	to read as follows:
14	14	(f) A school district or open-enrollment charter school
15	15	that provides for the maintenance, administration, and disposal of
16	16	epinephrine delivery devices [auto-injectors] under Subchapter E
17	17	is not required to comply with this section.
18	18	SECTION 2. The heading to Subchapter E, Chapter 38,
19	19	Education Code, is amended to read as follows:
20	20	SUBCHAPTER E. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE
21	21	DELIVERY DEVICES [AUTO-INJECTORS] AND MEDICATION FOR RESPIRATORY
22	22	DISTRESS
23	23	SECTION 3. Section 38.201, Education Code, is amended by
24	24	amending Subdivision (3-a) and adding Subdivision (3-b) to read as
25	25	follows:
26	26	(3-a) "Epinephrine delivery device" means a medical
27	27	delivery device approved by the United States Food and Drug
28	28	Administration that delivers a dose of epinephrine intended for use
29	29	to treat anaphylaxis, including:
30	30	(A) an epinephrine auto-injector; and
31	31	(B) an epinephrine nasal spray.
32	32	(3-b) "Medication for respiratory distress" means
33	33	albuterol, levalbuterol, or another medication designated by the
34	34	executive commissioner of the Health and Human Services Commission
35	35	for treatment of respiratory distress under Section 38.208(c).
36	36	SECTION 4. Section 38.202(a), Education Code, is amended to
37	37	read as follows:
38	38	(a) The commissioner of state health services shall
39	39	establish an advisory committee to examine and review the
40	40	administration, on a campus of a school district, an
41	41	open-enrollment charter school, a private school, or an institution
42	42	of higher education, of:
43	43	(1) epinephrine delivery devices [auto-injectors] to
44	44	a person experiencing an anaphylactic reaction; and
45	45	(2) medication for respiratory distress to a person
46	46	experiencing respiratory distress.
47	47	SECTION 5. Section 38.207, Education Code, is amended to
48	48	read as follows:
49	49	Sec. 38.207. ADVISORY COMMITTEE: DUTIES. The advisory
50	50	committee shall advise the commissioner of state health services
51	51	on:
52	52	(1) the storage and maintenance of epinephrine
53	53	delivery devices [auto-injectors] and medication for respiratory
54	54	distress on school campuses and campuses of institutions of higher
55	55	education;
56	56	(2) the training of school personnel and school
57	57	volunteers, and of personnel and volunteers at institutions of
58	58	higher education, in the administration of an epinephrine delivery
59	59	device [auto-injector];
60	60	(3) the training of school personnel and school
61	61	volunteers, and of personnel and volunteers at institutions of
62	62	higher education, in the administration of a medication for
63	63	respiratory distress; and
64	64	(4) a plan for:
65	65	(A) one or more school personnel members or
66	66	school volunteers trained in the administration of an epinephrine
67	67	delivery device [auto-injector] to be on each school campus;
68	68	(B) one or more school personnel members or
69	69	school volunteers trained in the administration of medication for
70	70	respiratory distress to be on each school campus;
71	71	(C) one or more personnel members or volunteers
72	72	of an institution of higher education trained in the administration
73	73	of an epinephrine delivery device [auto-injector] to be on each
74	74	campus of an institution of higher education; and
75	75	(D) one or more personnel members or volunteers
76	76	of an institution of higher education trained in the administration
77	77	of medication for respiratory distress to be on each campus of an
78	78	institution of higher education.
79	79	SECTION 6. The heading to Section 38.208, Education Code,
80	80	is amended to read as follows:
81	81	Sec. 38.208. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE
82	82	DELIVERY DEVICES [AUTO-INJECTORS] AND MEDICATION FOR RESPIRATORY
83	83	DISTRESS.
84	84	SECTION 7. Sections 38.208(a), (b), (c), (d), (d-2), and
85	85	(e), Education Code, are amended to read as follows:
86	86	(a) Each school district, open-enrollment charter school,
87	87	and private school may adopt and implement a policy regarding the
88	88	maintenance, administration, and disposal of epinephrine delivery
89	89	devices [auto-injectors] at each campus in the district or school.
90	90	(b) If a policy is adopted under Subsection (a), the policy:
91	91	(1) must provide that school personnel and school
92	92	volunteers who are authorized and trained may administer an
93	93	epinephrine delivery device [auto-injector] to a person who is
94	94	reasonably believed to be experiencing anaphylaxis on a school
95	95	campus; and
96	96	(2) may provide that school personnel and school
97	97	volunteers who are authorized and trained may administer an
98	98	epinephrine delivery device [auto-injector] to a person who is
99	99	reasonably believed to be experiencing anaphylaxis at an off-campus
100	100	school event or while in transit to or from a school event.
101	101	(c) The executive commissioner of the Health and Human
102	102	Services Commission, in consultation with the commissioner of
103	103	education, and with advice from the advisory committee as
104	104	appropriate, shall adopt rules regarding the maintenance,
105	105	administration, and disposal of an epinephrine delivery device
106	106	[auto-injector] at a school campus subject to a policy adopted
107	107	under Subsection (a) and the maintenance, administration, and
108	108	disposal of medication for respiratory distress at a school campus
109	109	subject to a policy adopted under Subsection (a-1). The rules must
110	110	establish:
111	111	(1) the number of epinephrine delivery devices
112	112	[auto-injectors] available at each campus;
113	113	(2) the amount of medication for respiratory distress
114	114	available at each campus;
115	115	(3) the process for each school district,
116	116	open-enrollment charter school, and private school to check the
117	117	inventory of epinephrine delivery devices [auto-injectors] and
118	118	medication for respiratory distress at regular intervals for
119	119	expiration and replacement;
120	120	(4) the amount of training required for school
121	121	personnel and school volunteers to administer:
122	122	(A) an epinephrine delivery device
123	123	[auto-injector]; or
124	124	(B) medication for respiratory distress; and
125	125	(5) the types of medication that may be administered
126	126	under Subsection (b-1) to persons experiencing respiratory
127	127	distress, based on a review of the best available medical evidence.
128	128	(d) Each school district, open-enrollment charter school,
129	129	and private school that adopts a policy under Subsection (a) must
130	130	require that each campus have one or more school personnel members
131	131	or school volunteers authorized and trained to administer an
132	132	epinephrine delivery device [auto-injector] present during all
133	133	hours the campus is open.
134	134	(d-2) A school personnel member or school volunteer may not
135	135	be subject to any penalty or disciplinary action for refusing to
136	136	administer or receive training to administer epinephrine delivery
137	137	devices [auto-injectors] or medication for respiratory distress,
138	138	as applicable, in accordance with a policy adopted under Subsection
139	139	(a) or (a-1).
140	140	(e) The supply of epinephrine delivery devices
141	141	[auto-injectors] at each campus must be stored in a secure location
142	142	and be easily accessible to school personnel and school volunteers
143	143	authorized and trained to administer an epinephrine delivery device
144	144	[auto-injector].
145	145	SECTION 8. Section 38.209, Education Code, is amended to
146	146	read as follows:
147	147	Sec. 38.209. REPORT ON ADMINISTERING EPINEPHRINE DELIVERY
148	148	DEVICE [AUTO-INJECTOR]. (a) Not later than the 10th business day
149	149	after the date a school personnel member or school volunteer
150	150	administers an epinephrine delivery device [auto-injector] in
151	151	accordance with a policy adopted under Section 38.208(a), the
152	152	school shall report the information required under Subsection (b)
153	153	to:
154	154	(1) the school district, the charter holder if the
155	155	school is an open-enrollment charter school, or the governing body
156	156	of the school if the school is a private school;
157	157	(2) the physician or other person who prescribed the
158	158	epinephrine delivery device [auto-injector]; and
159	159	(3) the commissioner of state health services.
160	160	(b) The report required under this section must include the
161	161	following information:
162	162	(1) the age of the person who received the
163	163	administration of the epinephrine delivery device [auto-injector];
164	164	(2) whether the person who received the administration
165	165	of the epinephrine delivery device [auto-injector] was a student, a
166	166	school personnel member or school volunteer, or a visitor;
167	167	(3) the physical location where the epinephrine
168	168	delivery device [auto-injector] was administered;
169	169	(4) the number of doses of epinephrine [auto-injector]
170	170	administered;
171	171	(5) the title of the person who administered the
172	172	epinephrine delivery device [auto-injector]; and
173	173	(6) any other information required by the commissioner
174	174	of education.
175	175	SECTION 9. Section 38.210(a), Education Code, is amended to
176	176	read as follows:
177	177	(a) Each school district, open-enrollment charter school,
178	178	and private school that adopts a policy under Section 38.208(a) is
179	179	responsible for training school personnel and school volunteers in
180	180	the administration of an epinephrine delivery device
181	181	[auto-injector]. The training must include information on:
182	182	(1) recognizing the signs and symptoms of anaphylaxis;
183	183	(2) administering an epinephrine delivery device
184	184	[auto-injector];
185	185	(3) implementing emergency procedures, if necessary,
186	186	after administering an epinephrine delivery device
187	187	[auto-injector]; and
188	188	(4) properly disposing of used or expired epinephrine
189	189	delivery devices [auto-injectors].
190	190	SECTION 10. The heading to Section 38.211, Education Code,
191	191	is amended to read as follows:
192	192	Sec. 38.211. PRESCRIPTION OF EPINEPHRINE DELIVERY DEVICES
193	193	[AUTO-INJECTORS] AND MEDICATION FOR RESPIRATORY DISTRESS.
194	194	SECTION 11. Sections 38.211(a), (b), (c), (e), and (f),
195	195	Education Code, are amended to read as follows:
196	196	(a) A physician or person who has been delegated
197	197	prescriptive authority under Chapter 157, Occupations Code, may
198	198	prescribe epinephrine delivery devices [auto-injectors] or
199	199	medication for respiratory distress in the name of a school
200	200	district, open-enrollment charter school, or private school.
201	201	(b) A physician or other person who prescribes epinephrine
202	202	delivery devices [auto-injectors] or medication for respiratory
203	203	distress under Subsection (a) shall provide the school district,
204	204	open-enrollment charter school, or private school with a standing
205	205	order for the administration of, as applicable:
206	206	(1) an epinephrine delivery device [auto-injector] to
207	207	a person reasonably believed to be experiencing anaphylaxis; or
208	208	(2) medication for respiratory distress to a person
209	209	reasonably believed to be experiencing respiratory distress.
210	210	(c) The standing order under Subsection (b) is not required
211	211	to be patient-specific, and the epinephrine delivery device
212	212	[auto-injector] or medication for respiratory distress may be
213	213	administered to a person without a previously established
214	214	physician-patient relationship.
215	215	(e) An order issued under this section must contain:
216	216	(1) the name and signature of the prescribing
217	217	physician or other person;
218	218	(2) the name of the school district, open-enrollment
219	219	charter school, or private school to which the order is issued;
220	220	(3) as applicable, the quantity and types of
221	221	epinephrine delivery devices [auto-injectors] or the quantity and
222	222	types of medications for respiratory distress to be obtained and
223	223	maintained under the order; and
224	224	(4) the date of issue.
225	225	(f) A pharmacist may dispense an epinephrine delivery
226	226	device [auto-injector] or medication for respiratory distress to a
227	227	school district, open-enrollment charter school, or private school
228	228	without requiring the name or any other identifying information
229	229	relating to the user.
230	230	SECTION 12. Section 38.215(a), Education Code, is amended
231	231	to read as follows:
232	232	(a) A person who in good faith takes, or fails to take, any
233	233	action under this subchapter is immune from civil or criminal
234	234	liability or disciplinary action resulting from that action or
235	235	failure to act, including:
236	236	(1) issuing an order for epinephrine delivery devices
237	237	[auto-injectors] or medication for respiratory distress;
238	238	(2) supervising or delegating the administration of an
239	239	epinephrine delivery device [auto-injector] or medication for
240	240	respiratory distress;
241	241	(3) possessing, maintaining, storing, or disposing of
242	242	an epinephrine delivery device [auto-injector] or medication for
243	243	respiratory distress;
244	244	(4) prescribing an epinephrine delivery device
245	245	[auto-injector] or medication for respiratory distress;
246	246	(5) dispensing:
247	247	(A) an epinephrine delivery device
248	248	[auto-injector]; or
249	249	(B) medication for respiratory distress;
250	250	(6) administering, or assisting in administering, an
251	251	epinephrine delivery device [auto-injector] or medication for
252	252	respiratory distress;
253	253	(7) providing, or assisting in providing, training,
254	254	consultation, or advice in the development, adoption, or
255	255	implementation of policies, guidelines, rules, or plans; or
256	256	(8) undertaking any other act permitted or required
257	257	under this subchapter.
258	258	SECTION 13. This Act takes effect immediately if it
259	259	receives a vote of two-thirds of all the members elected to each
260	260	house, as provided by Section 39, Article III, Texas Constitution.
261	261	If this Act does not receive the vote necessary for immediate
262	262	effect, this Act takes effect September 1, 2025.