88R15366 AMF-F
 
  By: Talarico H.B. No. 2891
 
  Substitute the following for H.B. No. 2891:
 
  By:  Buckley C.S.H.B. No. 2891
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of glucagon medication on certain public and
  private school campuses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 168.001, Health and Safety Code, is
  amended by adding Subdivision (1-a) and amending Subdivisions (4)
  and (5) to read as follows:
               (1-a)  "Glucagon medication" means any medication used
  to treat hypoglycemia that contains glucagon.
               (4)  "School," unless the context clearly indicates
  otherwise, means a school district [public elementary or secondary
  school. The term does not include an open-enrollment charter
  school established under Subchapter D, Chapter 12, Education Code].
               (5)  "School employee," unless the context clearly
  indicates otherwise, means a person employed by:
                     (A)  a school;
                     (B)  a local health department that assists a
  school under this chapter; or
                     (C)  another entity with which a school has
  contracted to perform its duties under this chapter.
         SECTION 2.  Chapter 168, Health and Safety Code, is amended
  by adding Sections 168.012 and 168.013 to read as follows:
         Sec. 168.012.  MAINTENANCE AND ADMINISTRATION OF GLUCAGON
  MEDICATION. (a) A school district, open-enrollment charter
  school, or private school may adopt and implement a policy
  regarding the maintenance, administration, and disposal of
  glucagon medication at each campus in the district or school.
         (b)  A policy adopted under Subsection (a):
               (1)  must provide that a school nurse or an unlicensed
  diabetes care assistant may:
                     (A)  administer glucagon medication to a student
  who is reasonably believed to be experiencing hypoglycemia and for
  whom:
                           (i)  a diabetes management and treatment
  plan has been submitted to the district or school; and
                           (ii)  an individualized health plan, as
  described by Section 168.003, has been developed for the student;
  and
                     (B)  carry glucagon medication prescribed in the
  name of the district or school on the nurse's or assistant's person
  to administer to a student described by Paragraph (A); and
               (2)  may not require a district or school to purchase
  glucagon medication or require the district or school to make any
  other expenditure related to the maintenance or administration of
  glucagon medication that would result in a negative fiscal impact
  on the district or school.
         (c)  The supply of glucagon medication at a campus subject to
  a policy adopted under Subsection (a) must be stored in a secure
  location and be easily accessible to a school nurse and unlicensed
  diabetes care assistant.
         (d)  Notwithstanding any other provision of this chapter, if
  an open-enrollment charter school or private school adopts a policy
  under Subsection (a):
               (1)  the parent or guardian of a student with diabetes
  who is enrolled in the school may submit a diabetes management and
  treatment plan developed in accordance with Section 168.002 to the
  school;
               (2)  the school may seek school employees who are not
  health care professionals to serve as unlicensed diabetes care
  assistants for purposes of administering glucagon medication under
  the policy; and
               (3)  the following provisions of this chapter apply to
  the school as if the school were a school district and to a school
  employee of the school, including a school nurse or unlicensed
  diabetes care assistant, as if the school employee were employed by
  a school district:
                     (A)  Section 168.002(c);
                     (B)  Section 168.003 with respect to each student
  who submits a diabetes management and treatment plan to the school;
                     (C)  Sections 168.004(b) and (c);
                     (D)  Section 168.005; and
                     (E)  Section 168.009.
         (e)  The executive commissioner, in consultation with the
  commissioner of the Texas Education Agency, shall adopt rules
  regarding the maintenance, administration, and disposal of
  glucagon medication at a school campus in accordance with a policy
  adopted under Subsection (a).
         Sec. 168.013.  PRESCRIPTION OF GLUCAGON MEDICATION. (a) A
  physician or person who has been delegated prescriptive authority
  under Chapter 157, Occupations Code, may prescribe glucagon
  medication in the name of a school district, open-enrollment
  charter school, or private school that adopts a policy under
  Section 168.012(a).
         (b)  A physician or other person who prescribes glucagon
  medication under Subsection (a) shall provide the school district,
  open-enrollment charter school, or private school with a standing
  order for the administration of glucagon medication to a student
  described by Section 168.012(b)(1)(A).
         (c)  The standing order under Subsection (b) is not required
  to be patient-specific, and the glucagon medication may be
  administered to a person without a previously established
  physician-patient relationship.
         (d)  Notwithstanding any other provisions of law,
  supervision or delegation by a physician is considered adequate if
  the physician:
               (1)  periodically reviews the order; and
               (2)  is available through direct telecommunication as
  needed for consultation, assistance, and direction.
         (e)  A pharmacist may dispense glucagon medication to a
  school district, open-enrollment charter school, or private school
  that adopts a policy under Section 168.012(a) without requiring the
  name or any other identifying information relating to the user.
         SECTION 3.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 4.  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, 2023.