SRC-MKV H.B. 1688 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1688
By: McClendon (Moncrief)
Education
5/3/2001
Engrossed


DIGEST AND PURPOSE 

According to the American Lung Association of Texas, more than one million
Texans suffer from asthma, and one-third of them are children. Asthma is
the leading cause of chronic illness and school absenteeism in children and
teens. Each year, children with asthma miss twice as many school days as
children without asthma. Asthma medication and disease management
techniques have advanced to the point that acute asthma episodes may be
reduced if properly used. One effective technique to control an asthma
attack is the use of prescription medication administered with a hand-held
inhaler. Public school policies may require such medication to be stored
with the school principal or the school nurse, which can result in a
significant delay between the time a student feels the onset of an asthma
attack and the time the medication is administered, increasing the risk of
the student having to go to the emergency room. H.B. 1688 entitles a
student with asthma to possess and self-administer prescription asthma
medication while on school property or at a school-related event. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of education
in SECTION 1 (Section 38.013, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 38, Education Code, by adding Section 38.013, as
follows: 

Sec. 38.013.  SELF-ADMINISTRATION OF PRESCRIPTION ASTHMA MEDICINE BY
STUDENTS. (a)  Defines "parent" and "self-administration of prescription
asthma medicine." 
  
(b)  Entitles a student with asthma to possess and self-administer
prescription asthma medicine while on school property or at a
school-related event or activity under certain conditions. 
  
(c)  Requires the physician's statement to be kept on file in the office of
the school nurse of the school the student attends or, if there is not a
school nurse, in the office of the principal of the school the student
attends. 

(d)  Provides that this section does not waive any liability or immunity of
a governmental unit or its officers or employees or create any liability
for or a cause of action against a governmental unit or its officers or
employees. 

(e)  Authorizes the commissioner of education to adopt rules and prescribe
forms to assist in the implementation of this section. 
 
SECTION 2. Provided that this Act applies beginning with the 2001-2002
school year. 
 
SECTION 3. Effective date: upon passage or September 1, 2001.