1-1     By:  McClendon (Senate Sponsor - Moncrief)            H.B. No. 1688
 1-2           (In the Senate - Received from the House April 24, 2001;
 1-3     April 25, 2001, read first time and referred to Committee on
 1-4     Education; May 8, 2001, reported favorably by the following vote:
 1-5     Yeas 8, Nays 0; May 8, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the possession and self-administration of prescription
 1-9     asthma medicine by public school students while on school property
1-10     or at a school-related event or activity.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Chapter 38, Education Code, is amended by adding
1-13     Section 38.013 to read as follows:
1-14           Sec. 38.013.  SELF-ADMINISTRATION OF PRESCRIPTION ASTHMA
1-15     MEDICINE BY STUDENTS. (a)  In this section:
1-16                 (1)  "Parent" includes a person standing in parental
1-17     relation.
1-18                 (2)  "Self-administration of prescription asthma
1-19     medicine" means a student's discretionary use of prescription
1-20     asthma medicine.
1-21           (b)  A student with asthma is entitled to possess and
1-22     self-administer prescription asthma medicine while on school
1-23     property or at a school-related event or activity if:
1-24                 (1)  the prescription asthma medicine has been
1-25     prescribed for that student as indicated by the prescription label
1-26     on the medicine;
1-27                 (2)  the self-administration is done in compliance with
1-28     the prescription or written instructions from the student's
1-29     physician or other licensed health care provider; and
1-30                 (3)  a parent of the student provides to the school:
1-31                       (A)  a written authorization, signed by the
1-32     parent,  for the student to self-administer prescription asthma
1-33     medicine while on school property or at a school-related event or
1-34     activity; and
1-35                       (B)  a written statement from the student's
1-36     physician or other licensed health care provider, signed by the
1-37     physician or provider, that states:
1-38                             (i)  that the student has asthma and is
1-39     capable of self-administering the prescription asthma medicine;
1-40                             (ii)  the name and purpose of the medicine;
1-41                             (iii)  the prescribed dosage for the
1-42     medicine;
1-43                             (iv)  the times at which or circumstances
1-44     under which the medicine may be administered; and
1-45                             (v)  the period for which the medicine is
1-46     prescribed.
1-47           (c)  The physician's statement must be kept on file in the
1-48     office of the school nurse of the school the student attends or, if
1-49     there is not a school nurse, in the office of the principal of the
1-50     school the student attends.
1-51           (d)  This section does not:
1-52                 (1)  waive any liability or immunity of a governmental
1-53     unit or its officers or employees; or
1-54                 (2)  create any liability for or a cause of action
1-55     against a governmental unit or its officers or employees.
1-56           (e)  The commissioner may adopt rules and prescribe forms to
1-57     assist in the implementation of this section.
1-58           SECTION 2. This Act applies beginning with the 2001-2002
1-59     school year.
1-60           SECTION 3.  This Act takes effect immediately if it receives
1-61     a vote of two-thirds of all the members elected to each house, as
1-62     provided by Section 39, Article III, Texas Constitution.  If this
1-63     Act does not receive the vote necessary for immediate effect, this
1-64     Act takes effect September 1, 2001.
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