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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1688 was passed by the House on April
23, 2001, by the following vote: Yeas 145, Nays 0, 1 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1688 was passed by the Senate on May
17, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor