BILL ANALYSIS Senate Research Center S.B. 1325 89R8915 RAL-D By: Johnson Education K-16 3/5/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Respiratory distress-related occurrences in schools pose a challenge when proper provisions and medication are not available. Addressing these concerns is vital to keeping students safe from life-threatening situations. S.B. 294 by Senator Johnson in the 88th Regular Session allowed authorized, trained school personnel and school volunteers to administer medication for respiratory distress. S.B. 294 created an opportunity for schools to provide necessary care, but some schools have struggled to find physicians who will write the standing order necessary to access medication and are thus unable to take advantage of this opportunity. Expanding upon this legislation would allow for all schools to access the standing orders, equipment, and training necessary to administer essential asthma medication to their students. S.B. 1325 would build upon the progress made last session, authorizing the commissioner of the Texas Department of State Health Services (DSHS) or authorized physician of DSHS to issue a statewide standing order prescribing medication for respiratory distress. In addition, this bill would also allow school districts to utilize the assistance of vendors in acquiring the necessary equipment and training to treat respiratory distress situations in schools. This provision would allow for schools to have the proper resources to utilize prevention and early treatment strategies while remaining prepared for extenuating circumstances. Ensuring schools are equipped with the proper resources for care during these emergency situations is vital to ensuring that our students have access to quick, necessary relief. As proposed, S.B. 1325 amends current law relating to the provision of medication for respiratory distress in public and private schools. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 38.211, Education Code, by adding Subsection (b-1) and amending Subsection (c), as follows: (b-1) Authorizes the commissioner of state health services or, if the commissioner is not a physician, the chief medical executive of the Department of State Health Services to issue a statewide standing order prescribing medication for respiratory distress to a school district, open-enrollment charter school, or private school. (c) Provides that the standing order under Subsection (b) (relating to requiring a physician or other person who prescribes certain medications to provide a standing order for the administration of certain medications) or (b-1) is not required to be patient-specific, and the epinephrine auto-injector or medication for respiratory distress is authorized to be administered to a person without a previously established physician-patient relationship. SECTION 2. Amends Subchapter E, Chapter 38, Education Code, by adding Section 38.2115, as follows: Sec. 38.2115. CONTRACTING FOR MEDICATION FOR RESPIRATORY DISTRESS AND TRAINING. Authorizes the board of trustees of a school district or governing body of an open-enrollment charter school or private school to contract with a vendor to provide medication for respiratory distress and related equipment to the district or school and training to school personnel and school volunteers authorized to administer medication for respiratory distress under Subchapter E (Maintenance and Administration of Epinephrine and Auto-Injectors and Medication for Respiratory Distress). SECTION 3. Effective date: upon passage or September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1325
89R8915 RAL-D By: Johnson
Education K-16
3/5/2025
As Filed
Senate Research Center
S.B. 1325
89R8915 RAL-D
By: Johnson
Education K-16
3/5/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Respiratory distress-related occurrences in schools pose a challenge when proper provisions and medication are not available. Addressing these concerns is vital to keeping students safe from life-threatening situations. S.B. 294 by Senator Johnson in the 88th Regular Session allowed authorized, trained school personnel and school volunteers to administer medication for respiratory distress. S.B. 294 created an opportunity for schools to provide necessary care, but some schools have struggled to find physicians who will write the standing order necessary to access medication and are thus unable to take advantage of this opportunity. Expanding upon this legislation would allow for all schools to access the standing orders, equipment, and training necessary to administer essential asthma medication to their students.
S.B. 1325 would build upon the progress made last session, authorizing the commissioner of the Texas Department of State Health Services (DSHS) or authorized physician of DSHS to issue a statewide standing order prescribing medication for respiratory distress. In addition, this bill would also allow school districts to utilize the assistance of vendors in acquiring the necessary equipment and training to treat respiratory distress situations in schools. This provision would allow for schools to have the proper resources to utilize prevention and early treatment strategies while remaining prepared for extenuating circumstances. Ensuring schools are equipped with the proper resources for care during these emergency situations is vital to ensuring that our students have access to quick, necessary relief.
As proposed, S.B. 1325 amends current law relating to the provision of medication for respiratory distress in public and private schools.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 38.211, Education Code, by adding Subsection (b-1) and amending Subsection (c), as follows:
(b-1) Authorizes the commissioner of state health services or, if the commissioner is not a physician, the chief medical executive of the Department of State Health Services to issue a statewide standing order prescribing medication for respiratory distress to a school district, open-enrollment charter school, or private school.
(c) Provides that the standing order under Subsection (b) (relating to requiring a physician or other person who prescribes certain medications to provide a standing order for the administration of certain medications) or (b-1) is not required to be patient-specific, and the epinephrine auto-injector or medication for respiratory distress is authorized to be administered to a person without a previously established physician-patient relationship.
SECTION 2. Amends Subchapter E, Chapter 38, Education Code, by adding Section 38.2115, as follows:
Sec. 38.2115. CONTRACTING FOR MEDICATION FOR RESPIRATORY DISTRESS AND TRAINING. Authorizes the board of trustees of a school district or governing body of an open-enrollment charter school or private school to contract with a vendor to provide medication for respiratory distress and related equipment to the district or school and training to school personnel and school volunteers authorized to administer medication for respiratory distress under Subchapter E (Maintenance and Administration of Epinephrine and Auto-Injectors and Medication for Respiratory Distress).
SECTION 3. Effective date: upon passage or September 1, 2025.