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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of opioid antagonists on public and private |
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school campuses and at or in transit to or from off-campus school |
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events. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter E, Chapter 38, |
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Education Code, is amended to read as follows: |
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SUBCHAPTER E. MAINTENANCE, [AND] ADMINISTRATION, AND DISPOSAL OF |
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EPINEPHRINE AUTO-INJECTORS, OPIOID ANTAGONISTS, AND ASTHMA |
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MEDICINE |
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SECTION 2. Section 38.201, Education Code, is amended by |
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adding Subdivision (3-a) to read as follows: |
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(3-a) "Opioid antagonist" and "opioid-related drug |
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overdose" have the meanings assigned by Section 483.101, Health and |
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Safety Code. |
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SECTION 3. Sections 38.202(a) and (b), Education Code, are |
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amended to read as follows: |
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(a) The commissioner of state health services shall |
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establish an advisory committee to examine and review the |
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administration of epinephrine auto-injectors to a person |
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experiencing an anaphylactic reaction, and opioid antagonists to a |
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person experiencing an apparent opioid-related drug overdose, on a |
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campus of a school district, an open-enrollment charter school, a |
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private school, or an institution of higher education. |
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(b) The advisory committee shall be composed of members |
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appointed by the commissioner of state health services. In making |
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appointments, the commissioner shall ensure that: |
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(1) a majority of the members are physicians with |
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expertise in treating anaphylaxis or opioid-related drug |
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overdoses, including physicians who specialize in the fields of |
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pediatrics, allergies, asthma, drug use disorders, and immunology; |
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(2) at least one member is a registered nurse employed |
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by a school district, open-enrollment charter school, or private |
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school as a school nurse; |
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(3) at least one member is an employee of a general |
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academic teaching institution; and |
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(4) at least one member is an employee of a public |
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junior college or a public technical institute. |
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SECTION 4. Section 38.207, Education Code, is amended to |
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read as follows: |
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Sec. 38.207. ADVISORY COMMITTEE: DUTIES. The advisory |
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committee shall advise the commissioner of state health services |
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on: |
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(1) the storage and maintenance of epinephrine |
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auto-injectors and opioid antagonists on school campuses and |
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campuses of institutions of higher education; |
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(2) the training of school personnel and school |
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volunteers, and of personnel and volunteers at institutions of |
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higher education, in the administration of an epinephrine |
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auto-injector and opioid antagonist; and |
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(3) a plan for: |
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(A) one or more school personnel members or |
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school volunteers trained in the administration of an epinephrine |
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auto-injector to be on each school campus; [and] |
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(B) one or more school personnel members or |
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school volunteers trained in the administration of an opioid |
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antagonist to be on each school campus; |
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(C) one or more personnel members or volunteers |
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of an institution of higher education trained in the administration |
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of an epinephrine auto-injector to be on each campus of an |
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institution of higher education; and |
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(D) one or more personnel members or volunteers |
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of an institution of higher education trained in the administration |
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of an opioid antagonist to be on each campus of an institution of |
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higher education. |
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SECTION 5. The heading to Section 38.208, Education Code, |
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is amended to read as follows: |
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Sec. 38.208. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE |
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AUTO-INJECTORS, OPIOID ANTAGONISTS, AND ASTHMA MEDICINE. |
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SECTION 6. Sections 38.208(a), (b), (c), (d), and (e), |
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Education Code, are amended to read as follows: |
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(a) Each school district, open-enrollment charter school, |
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and private school may adopt and implement a policy regarding the |
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maintenance, administration, and disposal of epinephrine |
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auto-injectors or opioid antagonists at each campus in the district |
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or school. |
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(b) If a policy is adopted under Subsection (a), the policy, |
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as applicable: |
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(1) must provide that school personnel and school |
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volunteers who are authorized and trained may administer an |
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epinephrine auto-injector to a person who is reasonably believed to |
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be experiencing anaphylaxis, or an opioid antagonist to a person |
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who is reasonably believed to be experiencing an opioid-related |
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drug overdose, on a school campus; and |
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(2) may provide that school personnel and school |
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volunteers who are authorized and trained may administer an |
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epinephrine auto-injector to a person who is reasonably believed to |
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be experiencing anaphylaxis, or an opioid antagonist to a person |
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who is reasonably believed to be experiencing an opioid-related |
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drug overdose, at an off-campus school event or while in transit to |
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or from a school event. |
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(c) The executive commissioner of the Health and Human |
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Services Commission, in consultation with the commissioner of |
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education, and with advice from the advisory committee as |
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appropriate, shall adopt rules regarding the maintenance, |
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administration, and disposal of an epinephrine auto-injector and |
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opioid antagonist at a school campus subject to a policy adopted |
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under Subsection (a) and the maintenance and administration of |
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asthma medicine at a school campus subject to a policy adopted under |
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Subsection (a-1). The rules must establish: |
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(1) the number of epinephrine auto-injectors and |
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opioid antagonists available at each campus; |
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(2) the amount of prescription asthma medicine |
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available at each campus; |
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(3) the process for each school district, |
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open-enrollment charter school, and private school to check the |
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inventory of epinephrine auto-injectors, opioid antagonists, and |
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asthma medicine at regular intervals for expiration and |
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replacement; and |
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(4) the amount of training required for school |
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personnel and school volunteers to administer an epinephrine |
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auto-injector or opioid antagonist. |
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(d) Each school district, open-enrollment charter school, |
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and private school that adopts a policy under Subsection (a) must |
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require that each campus have one or more school personnel members |
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or school volunteers authorized and trained to administer an |
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epinephrine auto-injector or an opioid antagonist, as applicable, |
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present during all hours the campus is open. |
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(e) The supply of epinephrine auto-injectors and opioid |
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antagonists at each campus must be stored in a secure location and |
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be easily accessible to school personnel and school volunteers |
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authorized and trained to administer an epinephrine auto-injector |
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or opioid antagonist. The supply of asthma medicine at each campus |
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must be stored in a secure location and be easily accessible to the |
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school nurse. |
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SECTION 7. Section 38.209, Education Code, is amended to |
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read as follows: |
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Sec. 38.209. REPORT ON ADMINISTERING EPINEPHRINE |
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AUTO-INJECTOR OR OPIOID ANTAGONIST. (a) Not later than the 10th |
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business day after the date a school personnel member or school |
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volunteer administers an epinephrine auto-injector or opioid |
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antagonist in accordance with a policy adopted under Section |
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38.208(a), the school shall report the information required under |
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Subsection (b) to: |
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(1) the school district, the charter holder if the |
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school is an open-enrollment charter school, or the governing body |
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of the school if the school is a private school; |
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(2) the physician or other person who prescribed the |
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epinephrine auto-injector or opioid antagonist; and |
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(3) the commissioner of state health services. |
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(b) The report required under this section must include the |
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following information: |
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(1) the age of the person who received the |
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administration of the epinephrine auto-injector or opioid |
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antagonist; |
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(2) whether the person who received the administration |
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of the epinephrine auto-injector or opioid antagonist was a |
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student, a school personnel member or school volunteer, or a |
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visitor; |
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(3) the physical location where the epinephrine |
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auto-injector or opioid antagonist was administered; |
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(4) the number of doses of epinephrine auto-injector |
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or opioid antagonist administered; |
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(5) the title of the person who administered the |
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epinephrine auto-injector or opioid antagonist; and |
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(6) any other information required by the commissioner |
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of education. |
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SECTION 8. Sections 38.210(a) and (b), Education Code, are |
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amended to read as follows: |
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(a) Each school district, open-enrollment charter school, |
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and private school that adopts a policy under Section 38.208(a) is |
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responsible for training school personnel and school volunteers in |
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the administration of an epinephrine auto-injector or opioid |
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antagonist. |
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(b) Training required under this section must: |
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(1) include information on: |
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(A) recognizing the signs and symptoms of |
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anaphylaxis or an opioid-related drug overdose; |
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(B) administering an epinephrine auto-injector |
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or opioid antagonist; |
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(C) implementing emergency procedures, if |
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necessary, after administering an epinephrine auto-injector or |
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opioid antagonist; and |
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(D) properly disposing of used or expired |
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epinephrine auto-injectors or opioid antagonists; |
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(2) be provided in a formal training session or |
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through online education; and |
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(3) be provided in accordance with the policy adopted |
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under Section 21.4515. |
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SECTION 9. The heading to Section 38.211, Education Code, |
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is amended to read as follows: |
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Sec. 38.211. PRESCRIPTION OF EPINEPHRINE AUTO-INJECTORS, |
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OPIOID ANTAGONISTS, AND ASTHMA MEDICINE. |
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SECTION 10. Sections 38.211(a), (b), (c), (e), and (f), |
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Education Code, are amended to read as follows: |
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(a) A physician or person who has been delegated |
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prescriptive authority under Chapter 157, Occupations Code, may |
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prescribe epinephrine auto-injectors, opioid antagonists, or |
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asthma medicine in the name of a school district, open-enrollment |
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charter school, or private school. |
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(b) A physician or other person who prescribes epinephrine |
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auto-injectors, opioid antagonists, or asthma medicine under |
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Subsection (a) shall provide the school district, open-enrollment |
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charter school, or private school with a standing order for the |
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administration of, as applicable: |
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(1) an epinephrine auto-injector to a person |
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reasonably believed to be experiencing anaphylaxis; [or] |
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(2) an opioid antagonist to a person reasonably |
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believed to be experiencing an opioid-related drug overdose; or |
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(3) asthma medicine to a person reasonably believed to |
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be experiencing a symptom of asthma and who has provided written |
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notification and permission as required by Section 38.208(b-1). |
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(c) The standing order under Subsection (b) is not required |
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to be patient-specific, and the epinephrine auto-injector, opioid |
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antagonist, or asthma medicine may be administered to a person |
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without a previously established physician-patient relationship. |
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(e) An order issued under this section must contain: |
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(1) the name and signature of the prescribing |
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physician or other person; |
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(2) the name of the school district, open-enrollment |
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charter school, or private school to which the order is issued; |
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(3) the quantity of epinephrine auto-injectors, |
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opioid antagonists, or asthma medicine to be obtained and |
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maintained under the order; and |
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(4) the date of issue. |
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(f) A pharmacist may dispense an epinephrine auto-injector, |
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opioid antagonist, or asthma medicine to a school district, |
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open-enrollment charter school, or private school without |
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requiring the name or any other identifying information relating to |
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the user. |
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SECTION 11. Section 38.215(a), Education Code, is amended |
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to read as follows: |
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(a) A person who in good faith takes, or fails to take, any |
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action under this subchapter is immune from civil or criminal |
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liability or disciplinary action resulting from that action or |
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failure to act, including: |
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(1) issuing an order for epinephrine auto-injectors, |
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opioid antagonists, or asthma medicine; |
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(2) supervising or delegating the administration of an |
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epinephrine auto-injector, an opioid antagonist, or asthma |
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medicine; |
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(3) possessing, maintaining, storing, or disposing of |
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an epinephrine auto-injector, an opioid antagonist, or asthma |
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medicine; |
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(4) prescribing an epinephrine auto-injector, an |
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opioid antagonist, or asthma medicine; |
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(5) dispensing: |
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(A) an epinephrine auto-injector; [or] |
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(B) an opioid antagonist; or |
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(C) asthma medicine, provided that permission |
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has been granted as provided by Section 38.208(b-1); |
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(6) administering, or assisting in administering, an |
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epinephrine auto-injector, an opioid antagonist, or asthma |
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medicine, provided that permission has been granted as provided by |
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Section 38.208(b-1); |
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(7) providing, or assisting in providing, training, |
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consultation, or advice in the development, adoption, or |
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implementation of policies, guidelines, rules, or plans; or |
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(8) undertaking any other act permitted or required |
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under this subchapter. |
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SECTION 12. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 13. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2023. |