Texas 2025 - 89th Regular

Texas Senate Bill SB1374 Compare Versions

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

Old	New	Differences
1	1	89R5240 RAL-F
2	2	By: Hinojosa of Hidalgo S.B. No. 1374
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the administration of epinephrine medication by public
10	10	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 medication [auto-injectors] under Subchapter E is not
17	17	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	MEDICATION [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 medication" means an epinephrine
27	27	auto-injector, an epinephrine nasal spray, or other medication
28	28	designated by the executive commissioner of the Health and Human
29	29	Services Commission for treatment of anaphylaxis under Section
30	30	38.208(c).
31	31	(3-b) "Medication for respiratory distress" means
32	32	albuterol, levalbuterol, or another medication designated by the
33	33	executive commissioner of the Health and Human Services Commission
34	34	for treatment of respiratory distress under Section 38.208(c).
35	35	SECTION 4. Section 38.202(a), Education Code, is amended to
36	36	read as follows:
37	37	(a) The commissioner of state health services shall
38	38	establish an advisory committee to examine and review the
39	39	administration, on a campus of a school district, an
40	40	open-enrollment charter school, a private school, or an institution
41	41	of higher education, of:
42	42	(1) epinephrine medication [auto-injectors] to a
43	43	person experiencing an anaphylactic reaction; and
44	44	(2) medication for respiratory distress to a person
45	45	experiencing respiratory distress.
46	46	SECTION 5. Section 38.207, Education Code, is amended to
47	47	read as follows:
48	48	Sec. 38.207. ADVISORY COMMITTEE: DUTIES. The advisory
49	49	committee shall advise the commissioner of state health services
50	50	on:
51	51	(1) the storage and maintenance of epinephrine
52	52	medication [auto-injectors] and medication for respiratory
53	53	distress on school campuses and campuses of institutions of higher
54	54	education;
55	55	(2) the training of school personnel and school
56	56	volunteers, and of personnel and volunteers at institutions of
57	57	higher education, in the administration of [an] epinephrine
58	58	medication [auto-injector];
59	59	(3) the training of school personnel and school
60	60	volunteers, and of personnel and volunteers at institutions of
61	61	higher education, in the administration of a medication for
62	62	respiratory distress; and
63	63	(4) a plan for:
64	64	(A) one or more school personnel members or
65	65	school volunteers trained in the administration of [an] epinephrine
66	66	medication [auto-injector] to be on each school campus;
67	67	(B) one or more school personnel members or
68	68	school volunteers trained in the administration of medication for
69	69	respiratory distress to be on each school campus;
70	70	(C) one or more personnel members or volunteers
71	71	of an institution of higher education trained in the administration
72	72	of [an] epinephrine medication [auto-injector] to be on each campus
73	73	of an institution of higher education; and
74	74	(D) one or more personnel members or volunteers
75	75	of an institution of higher education trained in the administration
76	76	of medication for respiratory distress to be on each campus of an
77	77	institution of higher education.
78	78	SECTION 6. The heading to Section 38.208, Education Code,
79	79	is amended to read as follows:
80	80	Sec. 38.208. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE
81	81	MEDICATION [AUTO-INJECTORS] AND MEDICATION FOR RESPIRATORY
82	82	DISTRESS.
83	83	SECTION 7. Sections 38.208(a), (b), (c), (d), (d-2), and
84	84	(e), Education Code, are amended to read as follows:
85	85	(a) Each school district, open-enrollment charter school,
86	86	and private school may adopt and implement a policy regarding the
87	87	maintenance, administration, and disposal of epinephrine
88	88	medication [auto-injectors] at each campus in the district or
89	89	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 medication [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 medication [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 medication
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 amount [number] of epinephrine medication
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 medication [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 medication [auto-injector];
123	123	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 medication [auto-injector] present during regular
133	133	school [all] 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
137	137	medication [auto-injectors] or medication for respiratory
138	138	distress, as applicable, in accordance with a policy adopted under
139	139	Subsection (a) or (a-1).
140	140	(e) The supply of epinephrine medication [auto-injectors]
141	141	at each campus must be stored in a secure location and be easily
142	142	accessible to school personnel and school volunteers authorized and
143	143	trained to administer [an] epinephrine medication [auto-injector].
144	144	SECTION 8. Section 38.209, Education Code, is amended to
145	145	read as follows:
146	146	Sec. 38.209. REPORT ON ADMINISTERING EPINEPHRINE
147	147	MEDICATION [AUTO-INJECTOR]. (a) Not later than the 10th business
148	148	day after the date a school personnel member or school volunteer
149	149	administers [an] epinephrine medication [auto-injector] in
150	150	accordance with a policy adopted under Section 38.208(a), the
151	151	school shall report the information required under Subsection (b)
152	152	to:
153	153	(1) the school district, the charter holder if the
154	154	school is an open-enrollment charter school, or the governing body
155	155	of the school if the school is a private school;
156	156	(2) the physician or other person who prescribed the
157	157	epinephrine medication [auto-injector]; and
158	158	(3) the commissioner of state health services.
159	159	(b) The report required under this section must include the
160	160	following information:
161	161	(1) the age of the person who received the
162	162	administration of the epinephrine medication [auto-injector];
163	163	(2) whether the person who received the administration
164	164	of the epinephrine medication [auto-injector] was a student, a
165	165	school personnel member or school volunteer, or a visitor;
166	166	(3) the physical location where the epinephrine
167	167	medication [auto-injector] was administered;
168	168	(4) the number of doses of epinephrine medication
169	169	[auto-injector] administered;
170	170	(5) the title of the person who administered the
171	171	epinephrine medication [auto-injector]; and
172	172	(6) any other information required by the commissioner
173	173	of education.
174	174	SECTION 9. Section 38.210(a), Education Code, is amended to
175	175	read as follows:
176	176	(a) Each school district, open-enrollment charter school,
177	177	and private school that adopts a policy under Section 38.208(a) is
178	178	responsible for training school personnel and school volunteers in
179	179	the administration of [an] epinephrine medication [auto-injector].
180	180	The training must include information on:
181	181	(1) recognizing the signs and symptoms of anaphylaxis;
182	182	(2) administering [an] epinephrine medication
183	183	[auto-injector];
184	184	(3) implementing emergency procedures, if necessary,
185	185	after administering [an] epinephrine medication [auto-injector];
186	186	and
187	187	(4) properly disposing of used or expired epinephrine
188	188	medication [auto-injectors].
189	189	SECTION 10. The heading to Section 38.211, Education Code,
190	190	is amended to read as follows:
191	191	Sec. 38.211. PRESCRIPTION OF EPINEPHRINE MEDICATION
192	192	[AUTO-INJECTORS] AND MEDICATION FOR RESPIRATORY DISTRESS.
193	193	SECTION 11. Section 38.211, Education Code, is amended by
194	194	amending Subsections (a), (b), (c), (e), and (f) and adding
195	195	Subsections (b-1) and (b-2) 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 medication [auto-injectors] or medication
199	199	for respiratory distress in the name of a school district,
200	200	open-enrollment charter school, or private school.
201	201	(b) A physician or other person who prescribes epinephrine
202	202	medication [auto-injectors] or medication for respiratory distress
203	203	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 medication [auto-injector] to a
207	207	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	(b-1) The commissioner of state health services or, if the
211	211	commissioner is not a physician, the chief medical executive of the
212	212	Department of State Health Services may issue a statewide standing
213	213	order prescribing epinephrine medication to a school district,
214	214	open-enrollment charter school, or private school.
215	215	(b-2) If a standing order has not been issued under
216	216	Subsection (b-1) to a school district, open-enrollment charter
217	217	school, or private school within 30 days of the beginning of a
218	218	school year, a regional director of a public health region
219	219	described by Section 121.007, Health and Safety Code, or a health
220	220	authority, as defined by Section 121.021, Health and Safety Code,
221	221	may issue a standing order prescribing epinephrine medication to a
222	222	school district, open-enrollment charter school, or private school
223	223	in the director's public health region or health authority's
224	224	jurisdiction, as applicable, for that school year.
225	225	(c) The standing order under Subsection (b), (b-1), or (b-2)
226	226	is not required to be patient-specific, and the epinephrine
227	227	medication [auto-injector] or medication for respiratory distress
228	228	may be administered to a person without a previously established
229	229	physician-patient relationship.
230	230	(e) An order issued under this section must contain:
231	231	(1) the name and signature of the prescribing
232	232	physician or other person;
233	233	(2) the name of the school district, open-enrollment
234	234	charter school, or private school to which the order is issued;
235	235	(3) as applicable, the quantity and types of
236	236	epinephrine medication [auto-injectors] or the quantity and types
237	237	of medications for respiratory distress to be obtained and
238	238	maintained under the order; and
239	239	(4) the date of issue.
240	240	(f) A pharmacist may dispense [an] epinephrine medication
241	241	[auto-injector] or medication for respiratory distress to a school
242	242	district, open-enrollment charter school, or private school
243	243	without requiring the name or any other identifying information
244	244	relating to the user.
245	245	SECTION 12. Section 38.215(a), Education Code, is amended
246	246	to read as follows:
247	247	(a) A person who in good faith takes, or fails to take, any
248	248	action under this subchapter is immune from civil or criminal
249	249	liability or disciplinary action resulting from that action or
250	250	failure to act, including:
251	251	(1) issuing an order for epinephrine medication
252	252	[auto-injectors] or medication for respiratory distress;
253	253	(2) supervising or delegating the administration of
254	254	[an] epinephrine medication [auto-injector] or medication for
255	255	respiratory distress;
256	256	(3) possessing, maintaining, storing, or disposing of
257	257	[an] epinephrine medication [auto-injector] or medication for
258	258	respiratory distress;
259	259	(4) prescribing [an] epinephrine medication
260	260	[auto-injector] or medication for respiratory distress;
261	261	(5) dispensing:
262	262	(A) [an] epinephrine medication [auto-injector];
263	263	or
264	264	(B) medication for respiratory distress;
265	265	(6) administering, or assisting in administering,
266	266	[an] epinephrine medication [auto-injector] or medication for
267	267	respiratory distress;
268	268	(7) providing, or assisting in providing, training,
269	269	consultation, or advice in the development, adoption, or
270	270	implementation of policies, guidelines, rules, or plans; or
271	271	(8) undertaking any other act permitted or required
272	272	under this subchapter.
273	273	SECTION 13. This Act takes effect immediately if it
274	274	receives a vote of two-thirds of all the members elected to each
275	275	house, as provided by Section 39, Article III, Texas Constitution.
276	276	If this Act does not receive the vote necessary for immediate
277	277	effect, this Act takes effect September 1, 2025.