By McClendon                                          H.B. No. 1688
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the possession and self-administration of prescription
 1-3     asthma medicine by public school students while on school property
 1-4     or at a school-related event or activity.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Chapter 38, Education Code, is amended by adding
 1-7     Section 38.013 to read as follows:
 1-8           Sec. 38.013.  SELF-ADMINISTRATION OF PRESCRIPTION ASTHMA
 1-9     MEDICINE BY STUDENTS. (a)  In this section:
1-10                 (1)  "Parent" includes a person standing in parental
1-11     relation.
1-12                 (2)  "Self-administration of prescription asthma
1-13     medicine" means a student's discretionary use of prescription
1-14     asthma medicine.
1-15           (b)  A student with asthma is entitled to possess and
1-16     self-administer prescription asthma medicine while on school
1-17     property or at a school-related event or activity if:
1-18                 (1)  the prescription asthma medicine has been
1-19     prescribed for that student as indicated by the prescription label
1-20     on the medicine;
1-21                 (2)  the self-administration is done in compliance with
1-22     the prescription or written instructions from the student's
1-23     physician or other licensed health care provider; and
1-24                 (3)  a parent of the student provides to the school:
 2-1                       (A)  a written authorization, signed by the
 2-2     parent,  for the student to self-administer prescription asthma
 2-3     medicine while on school property or at a school-related event or
 2-4     activity; and
 2-5                       (B)  a written statement from the student's
 2-6     physician or other licensed health care provider, signed by the
 2-7     physician or provider, that states:
 2-8                             (i)  that the student has asthma and is
 2-9     capable of self-administering the prescription asthma medicine;
2-10                             (ii)  the name and purpose of the medicine;
2-11                             (iii)  the prescribed dosage for the
2-12     medicine;
2-13                             (iv)  the times at which or circumstances
2-14     under which the medicine may be administered; and
2-15                             (v)  the period for which the medicine is
2-16     prescribed.
2-17           (c)  The physician's statement must be kept on file in the
2-18     office of the school nurse of the school the student attends or, if
2-19     there is not a school nurse, in the office of the principal of the
2-20     school the student attends.
2-21           (d)  This section does not:
2-22                 (1)  waive any liability or immunity of a governmental
2-23     unit or its officers or employees; or
2-24                 (2)  create any liability for or a cause of action
2-25     against a governmental unit or its officers or employees.
2-26           (e)  The commissioner may adopt rules and prescribe forms to
2-27     assist in the implementation of this section.
 3-1           SECTION 2. This Act applies beginning with the 2001-2002
 3-2     school year.
 3-3           SECTION 3.  This Act takes effect immediately if it receives
 3-4     a vote of two-thirds of all the members elected to each house, as
 3-5     provided by Section 39, Article III, Texas Constitution.  If this
 3-6     Act does not receive the vote necessary for immediate effect, this
 3-7     Act takes effect September 1, 2001.