By McClendon H.B. No. 1688
77R6237 ESH-F
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;
2-5 (B) a written statement, signed by the parent,
2-6 in which the parent:
2-7 (i) releases the school district and its
2-8 employees and agents from liability for an injury arising from the
2-9 student's self-administration of prescription asthma medicine while
2-10 on school property or at a school-related event or activity; and
2-11 (ii) indemnifies the school district and
2-12 its employees and agents from any claim arising from the student's
2-13 self-administration of prescription asthma medicine while on school
2-14 property or at a school-related event or activity; and
2-15 (C) a written statement from the student's
2-16 physician or other licensed health care provider, signed by the
2-17 physician or provider, that states:
2-18 (i) that the student has asthma and is
2-19 capable of self-administering the prescription asthma medicine;
2-20 (ii) the name and purpose of the medicine;
2-21 (iii) the prescribed dosage for the
2-22 medicine;
2-23 (iv) the times at which or circumstances
2-24 under which the medicine may be administered; and
2-25 (v) the period for which the medicine is
2-26 prescribed.
2-27 (c) The physician's statement must be kept on file in the
3-1 office of the school nurse of the school the student attends or, if
3-2 there is not a school nurse, in the office of the principal of the
3-3 school the student attends.
3-4 (d) A school district and its agents and employees are not
3-5 liable for an injury arising out of a student's self-administration
3-6 of prescription asthma medicine, in compliance with this section,
3-7 while on school property or at a school-related event or activity.
3-8 (e) The commissioner may adopt rules and prescribe forms to
3-9 assist in the implementation of this section.
3-10 SECTION 2. This Act applies beginning with the 2001-2002
3-11 school year.
3-12 SECTION 3. This Act takes effect immediately if it receives
3-13 a vote of two-thirds of all the members elected to each house, as
3-14 provided by Section 39, Article III, Texas Constitution. If this
3-15 Act does not receive the vote necessary for immediate effect, this
3-16 Act takes effect September 1, 2001.