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By: Zaffirini S.B. No. 221
A BILL TO BE ENTITLED
AN ACT
relating to the possession and self-administration of certain
prescription medications by public school students while on school
property or at a school-related event or activity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 38.015, Education Code,
is amended to read as follows:
Sec. 38.015. SELF-ADMINISTRATION OF PRESCRIPTION ASTHMA OR
ANAPHYLAXIS MEDICINE BY STUDENTS.
SECTION 2. Subsections (a) and (b), Section 38.015,
Education Code, are amended to read as follows:
(a) In this section:
(1) "Parent" includes a person standing in parental
relation.
(2) "Self-administration of prescription asthma or
anaphylaxis medicine" means a student's discretionary use of
prescription asthma or anaphylaxis medicine.
(b) A student with asthma or anaphylaxis is entitled to
possess and self-administer prescription asthma or anaphylaxis
medicine while on school property or at a school-related event or
activity if:
(1) the prescription [asthma] medicine has been
prescribed for that student as indicated by the prescription label
on the medicine;
(2) the student has demonstrated to the student's
physician or other licensed health care provider and the school
nurse, if available, the skill level necessary to self-administer
the prescription medication, including the use of any device
required to administer the medication;
(3) the self-administration is done in compliance with
the prescription or written instructions from the student's
physician or other licensed health care provider; and
(4) [(3)] a parent of the student provides to the
school:
(A) a written authorization, signed by the
parent, for the student to self-administer the prescription
[asthma] medicine while on school property or at a school-related
event or activity; and
(B) a written statement from the student's
physician or other licensed health care provider, signed by the
physician or provider, that states:
(i) that the student has asthma or
anaphylaxis and is capable of self-administering the prescription
[asthma] medicine;
(ii) the name and purpose of the medicine;
(iii) the prescribed dosage for the
medicine;
(iv) the times at which or circumstances
under which the medicine may be administered; and
(v) the period for which the medicine is
prescribed.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.