89R3963 RAL-F
By: Lalani H.B. No. 856
A BILL TO BE ENTITLED
AN ACT
relating to a policy regarding the maintenance, administration, and
disposal of medication for respiratory distress by public and
private schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 38.208(a-1), (b-1), (c), and (d-1),
Education Code, are amended to read as follows:
(a-1) Each school district, open-enrollment charter school,
and private school shall [may] adopt and implement a policy
regarding the maintenance, administration, and disposal of
medication for respiratory distress at each campus in the district
or school.
(b-1) A [If a] policy [is] adopted under Subsection (a-1)[,
the policy] must:
(1) require the school district, open-enrollment
charter school, or private school to maintain and make available at
each school campus a supply of medication for respiratory distress;
and
(2) provide that school personnel and school
volunteers who are authorized and trained may administer medication
for respiratory distress to a person reasonably believed to be
experiencing respiratory distress on a school campus, or at a
school-sponsored or school-related activity on or off school
property.
(c) The executive commissioner of the Health and Human
Services Commission, in consultation with the commissioner of
education, and with advice from the advisory committee as
appropriate, shall adopt rules regarding the maintenance,
administration, and disposal of an epinephrine auto-injector at a
school campus subject to a policy adopted under Subsection (a) and
the maintenance, administration, and disposal of medication for
respiratory distress at a school campus [subject to a policy
adopted under Subsection (a-1)]. The rules must establish:
(1) the number of epinephrine auto-injectors
available at each campus;
(2) the amount of medication for respiratory distress
available at each campus;
(3) the process for each school district,
open-enrollment charter school, and private school to check the
inventory of epinephrine auto-injectors and medication for
respiratory distress at regular intervals for expiration and
replacement;
(4) the amount of training required for school
personnel and school volunteers to administer:
(A) an epinephrine auto-injector; or
(B) medication for respiratory distress; and
(5) the types of medication that may be administered
under Subsection (b-1) to persons experiencing respiratory
distress, based on a review of the best available medical evidence.
(d-1) A [Each school district, open-enrollment charter
school, and private school that adopts a] policy adopted under
Subsection (a-1) must require that each school campus have one or
more school personnel or school volunteers authorized and trained
to administer medication for respiratory distress present during
regular school hours.
SECTION 2. Section 38.210(a-1), Education Code, is amended
to read as follows:
(a-1) Each school district, open-enrollment charter school,
and private school [that adopts a policy under Section 38.208(a-1)]
is responsible for training school personnel and school volunteers
in the administration of medication for respiratory distress. The
training must include information on:
(1) recognizing the signs and symptoms of respiratory
distress;
(2) administering medication for respiratory
distress;
(3) implementing emergency procedures, if necessary,
after administering medication for respiratory distress; and
(4) proper sanitization, reuse, and disposal of
medication for respiratory distress.
SECTION 3. Section 38.212(a), Education Code, is amended to
read as follows:
(a) A [If a] school district, open-enrollment charter
school, or private school [implements a policy under this
subchapter, the district or school] shall provide [written notice
of the policy] to a parent or guardian of each student enrolled in
the district or school written notice of each policy implemented by
the district or school under this subchapter.
SECTION 4. Section 38.208(f), Education Code, is repealed.
SECTION 5. 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.