Texas 2025 - 89th Regular

Texas House Bill HB856 Compare Versions

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

Old	New	Differences
1	1	89R3963 RAL-F
2	2	By: Lalani H.B. No. 856
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a policy regarding the maintenance, administration, and
10	10	disposal of medication for respiratory distress by public and
11	11	private schools.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Sections 38.208(a-1), (b-1), (c), and (d-1),
14	14	Education Code, are amended to read as follows:
15	15	(a-1) Each school district, open-enrollment charter school,
16	16	and private school shall [may] adopt and implement a policy
17	17	regarding the maintenance, administration, and disposal of
18	18	medication for respiratory distress at each campus in the district
19	19	or school.
20	20	(b-1) A [If a] policy [is] adopted under Subsection (a-1)[,
21	21	the policy] must:
22	22	(1) require the school district, open-enrollment
23	23	charter school, or private school to maintain and make available at
24	24	each school campus a supply of medication for respiratory distress;
25	25	and
26	26	(2) provide that school personnel and school
27	27	volunteers who are authorized and trained may administer medication
28	28	for respiratory distress to a person reasonably believed to be
29	29	experiencing respiratory distress on a school campus, or at a
30	30	school-sponsored or school-related activity on or off school
31	31	property.
32	32	(c) The executive commissioner of the Health and Human
33	33	Services Commission, in consultation with the commissioner of
34	34	education, and with advice from the advisory committee as
35	35	appropriate, shall adopt rules regarding the maintenance,
36	36	administration, and disposal of an epinephrine auto-injector at a
37	37	school campus subject to a policy adopted under Subsection (a) and
38	38	the maintenance, administration, and disposal of medication for
39	39	respiratory distress at a school campus [subject to a policy
40	40	adopted under Subsection (a-1)]. The rules must establish:
41	41	(1) the number of epinephrine auto-injectors
42	42	available at each campus;
43	43	(2) the amount of medication for respiratory distress
44	44	available at each campus;
45	45	(3) the process for each school district,
46	46	open-enrollment charter school, and private school to check the
47	47	inventory of epinephrine auto-injectors and medication for
48	48	respiratory distress at regular intervals for expiration and
49	49	replacement;
50	50	(4) the amount of training required for school
51	51	personnel and school volunteers to administer:
52	52	(A) an epinephrine auto-injector; or
53	53	(B) medication for respiratory distress; and
54	54	(5) the types of medication that may be administered
55	55	under Subsection (b-1) to persons experiencing respiratory
56	56	distress, based on a review of the best available medical evidence.
57	57	(d-1) A [Each school district, open-enrollment charter
58	58	school, and private school that adopts a] policy adopted under
59	59	Subsection (a-1) must require that each school campus have one or
60	60	more school personnel or school volunteers authorized and trained
61	61	to administer medication for respiratory distress present during
62	62	regular school hours.
63	63	SECTION 2. Section 38.210(a-1), Education Code, is amended
64	64	to read as follows:
65	65	(a-1) Each school district, open-enrollment charter school,
66	66	and private school [that adopts a policy under Section 38.208(a-1)]
67	67	is responsible for training school personnel and school volunteers
68	68	in the administration of medication for respiratory distress. The
69	69	training must include information on:
70	70	(1) recognizing the signs and symptoms of respiratory
71	71	distress;
72	72	(2) administering medication for respiratory
73	73	distress;
74	74	(3) implementing emergency procedures, if necessary,
75	75	after administering medication for respiratory distress; and
76	76	(4) proper sanitization, reuse, and disposal of
77	77	medication for respiratory distress.
78	78	SECTION 3. Section 38.212(a), Education Code, is amended to
79	79	read as follows:
80	80	(a) A [If a] school district, open-enrollment charter
81	81	school, or private school [implements a policy under this
82	82	subchapter, the district or school] shall provide [written notice
83	83	of the policy] to a parent or guardian of each student enrolled in
84	84	the district or school written notice of each policy implemented by
85	85	the district or school under this subchapter.
86	86	SECTION 4. Section 38.208(f), Education Code, is repealed.
87	87	SECTION 5. This Act takes effect immediately if it receives
88	88	a vote of two-thirds of all the members elected to each house, as
89	89	provided by Section 39, Article III, Texas Constitution. If this
90	90	Act does not receive the vote necessary for immediate effect, this
91	91	Act takes effect September 1, 2025.