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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of glucagon medication on certain public and |
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private school campuses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 168.001, Health and Safety Code, is |
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amended by adding Subdivision (1-a) and amending Subdivisions (4) |
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and (5) to read as follows: |
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(1-a) "Glucagon medication" means any medication used |
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to treat hypoglycemia that contains glucagon. |
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(4) "School," unless the context clearly indicates |
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otherwise, means a school district [public elementary or secondary |
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school. The term does not include an open-enrollment charter |
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school established under Subchapter D, Chapter 12, Education Code]. |
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(5) "School employee," unless the context clearly |
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indicates otherwise, means a person employed by: |
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(A) a school; |
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(B) a local health department that assists a |
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school under this chapter; or |
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(C) another entity with which a school has |
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contracted to perform its duties under this chapter. |
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SECTION 2. Chapter 168, Health and Safety Code, is amended |
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by adding Sections 168.012 and 168.013 to read as follows: |
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Sec. 168.012. MAINTENANCE AND ADMINISTRATION OF GLUCAGON |
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MEDICATION. (a) A school district, open-enrollment charter |
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school, or private school may adopt and implement a policy |
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regarding the maintenance, administration, and disposal of |
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glucagon medication at each campus in the district or school. |
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(b) A policy adopted under Subsection (a): |
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(1) must provide that a school nurse or an unlicensed |
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diabetes care assistant may: |
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(A) administer glucagon medication to a student |
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who is reasonably believed to be experiencing hypoglycemia and for |
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whom: |
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(i) a diabetes management and treatment |
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plan has been submitted to the district or school; and |
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(ii) an individualized health plan, as |
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described by Section 168.003, has been developed for the student; |
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and |
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(B) carry glucagon medication prescribed in the |
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name of the district or school on the nurse's or assistant's person |
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to administer to a student described by Paragraph (A); and |
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(2) may not require a district or school to purchase |
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glucagon medication or require the district or school to make any |
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other expenditure related to the maintenance or administration of |
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glucagon medication that would result in a negative fiscal impact |
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on the district or school. |
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(c) The supply of glucagon medication at a campus subject to |
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a policy adopted under Subsection (a) must be stored in a secure |
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location and be easily accessible to a school nurse and unlicensed |
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diabetes care assistant. |
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(d) Notwithstanding any other provision of this chapter, if |
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an open-enrollment charter school or private school adopts a policy |
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under Subsection (a): |
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(1) the parent or guardian of a student with diabetes |
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who is enrolled in the school may submit a diabetes management and |
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treatment plan developed in accordance with Section 168.002 to the |
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school; |
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(2) the school may seek school employees who are not |
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health care professionals to serve as unlicensed diabetes care |
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assistants for purposes of administering glucagon medication under |
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the policy; and |
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(3) the following provisions of this chapter apply to |
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the school as if the school were a school district and to a school |
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employee of the school, including a school nurse or unlicensed |
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diabetes care assistant, as if the school employee were employed by |
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a school district: |
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(A) Section 168.002(c); |
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(B) Section 168.003 with respect to each student |
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who submits a diabetes management and treatment plan to the school; |
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(C) Sections 168.004(b) and (c); |
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(D) Section 168.005; and |
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(E) Section 168.009. |
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(e) The executive commissioner, in consultation with the |
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commissioner of the Texas Education Agency, shall adopt rules |
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regarding the maintenance, administration, and disposal of |
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glucagon medication at a school campus in accordance with a policy |
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adopted under Subsection (a). |
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Sec. 168.013. PRESCRIPTION OF GLUCAGON MEDICATION. (a) A |
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physician or person who has been delegated prescriptive authority |
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under Chapter 157, Occupations Code, may prescribe glucagon |
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medication in the name of a school district, open-enrollment |
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charter school, or private school that adopts a policy under |
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Section 168.012(a). |
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(b) A physician or other person who prescribes glucagon |
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medication under Subsection (a) shall provide the school district, |
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open-enrollment charter school, or private school with a standing |
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order for the administration of glucagon medication to a student |
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described by Section 168.012(b)(1)(A). |
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(c) The standing order under Subsection (b) is not required |
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to be patient-specific, and the glucagon medication may be |
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administered to a person without a previously established |
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physician-patient relationship. |
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(d) Notwithstanding any other provisions of law, |
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supervision or delegation by a physician is considered adequate if |
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the physician: |
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(1) periodically reviews the order; and |
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(2) is available through direct telecommunication as |
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needed for consultation, assistance, and direction. |
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(e) A pharmacist may dispense glucagon medication to a |
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school district, open-enrollment charter school, or private school |
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that adopts a policy under Section 168.012(a) without requiring the |
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name or any other identifying information relating to the user. |
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SECTION 3. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |