Texas 2025 - 89th Regular

Texas House Bill HB350 Compare Versions

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

Old	New	Differences
1	1	89R1628 AMF-D
2	2	By: Talarico H.B. No. 350
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the use of glucagon medication on certain public and
10	10	private school campuses.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 168.001, Health and Safety Code, is
13	13	amended by adding Subdivision (1-a) and amending Subdivisions (4)
14	14	and (5) to read as follows:
15	15	(1-a) "Glucagon medication" means any medication used
16	16	to treat hypoglycemia that contains glucagon.
17	17	(4) "School," unless the context clearly indicates
18	18	otherwise, means a school district [public elementary or secondary
19	19	school. The term does not include an open-enrollment charter
20	20	school established under Subchapter D, Chapter 12, Education Code].
21	21	(5) "School employee," unless the context clearly
22	22	indicates otherwise, means a person employed by:
23	23	(A) a school;
24	24	(B) a local health department that assists a
25	25	school under this chapter; or
26	26	(C) another entity with which a school has
27	27	contracted to perform its duties under this chapter.
28	28	SECTION 2. Chapter 168, Health and Safety Code, is amended
29	29	by adding Sections 168.012 and 168.013 to read as follows:
30	30	Sec. 168.012. MAINTENANCE AND ADMINISTRATION OF GLUCAGON
31	31	MEDICATION. (a) A school district, open-enrollment charter
32	32	school, or private school may adopt and implement a policy
33	33	regarding the maintenance, administration, and disposal of
34	34	glucagon medication at each campus in the district or school.
35	35	(b) A policy adopted under Subsection (a):
36	36	(1) must provide that a school nurse or an unlicensed
37	37	diabetes care assistant may:
38	38	(A) administer glucagon medication to a student
39	39	who is reasonably believed to be experiencing hypoglycemia and for
40	40	whom:
41	41	(i) a diabetes management and treatment
42	42	plan has been submitted to the district or school; and
43	43	(ii) an individualized health plan, as
44	44	described by Section 168.003, has been developed for the student;
45	45	and
46	46	(B) carry glucagon medication prescribed in the
47	47	name of the district or school on the nurse's or assistant's person
48	48	to administer to a student described by Paragraph (A); and
49	49	(2) may not require a district or school to purchase
50	50	glucagon medication or require the district or school to make any
51	51	other expenditure related to the maintenance or administration of
52	52	glucagon medication that would result in a negative fiscal impact
53	53	on the district or school.
54	54	(c) The supply of glucagon medication at a campus subject to
55	55	a policy adopted under Subsection (a) must be stored in a secure
56	56	location and be easily accessible to a school nurse and unlicensed
57	57	diabetes care assistant.
58	58	(d) Notwithstanding any other provision of this chapter, if
59	59	an open-enrollment charter school or private school adopts a policy
60	60	under Subsection (a):
61	61	(1) the parent or guardian of a student with diabetes
62	62	who is enrolled in the school may submit a diabetes management and
63	63	treatment plan developed in accordance with Section 168.002 to the
64	64	school;
65	65	(2) the school may seek school employees who are not
66	66	health care professionals to serve as unlicensed diabetes care
67	67	assistants for purposes of administering glucagon medication under
68	68	the policy; and
69	69	(3) the following provisions of this chapter apply to
70	70	the school as if the school were a school district and to a school
71	71	employee of the school, including a school nurse or unlicensed
72	72	diabetes care assistant, as if the school employee were employed by
73	73	a school district:
74	74	(A) Section 168.002(c);
75	75	(B) Section 168.003 with respect to each student
76	76	who submits a diabetes management and treatment plan to the school;
77	77	(C) Sections 168.004(b) and (c);
78	78	(D) Section 168.005; and
79	79	(E) Section 168.009.
80	80	(e) The executive commissioner, in consultation with the
81	81	commissioner of the Texas Education Agency, shall adopt rules
82	82	regarding the maintenance, administration, and disposal of
83	83	glucagon medication at a school campus in accordance with a policy
84	84	adopted under Subsection (a).
85	85	Sec. 168.013. PRESCRIPTION OF GLUCAGON MEDICATION. (a) A
86	86	physician or person who has been delegated prescriptive authority
87	87	under Chapter 157, Occupations Code, may prescribe glucagon
88	88	medication in the name of a school district, open-enrollment
89	89	charter school, or private school that adopts a policy under
90	90	Section 168.012(a).
91	91	(b) A physician or other person who prescribes glucagon
92	92	medication under Subsection (a) shall provide the school district,
93	93	open-enrollment charter school, or private school with a standing
94	94	order for the administration of glucagon medication to a student
95	95	described by Section 168.012(b)(1)(A).
96	96	(c) The standing order under Subsection (b) is not required
97	97	to be patient-specific, and the glucagon medication may be
98	98	administered to a person without a previously established
99	99	physician-patient relationship.
100	100	(d) Notwithstanding any other provisions of law,
101	101	supervision or delegation by a physician is considered adequate if
102	102	the physician:
103	103	(1) periodically reviews the order; and
104	104	(2) is available through direct telecommunication as
105	105	needed for consultation, assistance, and direction.
106	106	(e) A pharmacist may dispense glucagon medication to a
107	107	school district, open-enrollment charter school, or private school
108	108	that adopts a policy under Section 168.012(a) without requiring the
109	109	name or any other identifying information relating to the user.
110	110	SECTION 3. This Act applies beginning with the 2025-2026
111	111	school year.
112	112	SECTION 4. This Act takes effect immediately if it receives
113	113	a vote of two-thirds of all the members elected to each house, as
114	114	provided by Section 39, Article III, Texas Constitution. If this
115	115	Act does not receive the vote necessary for immediate effect, this
116	116	Act takes effect September 1, 2025.