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By:  Zaffirini                                                    S.B. No. 221
	(In the Senate - Filed January 21, 2005; February 3, 2005, 
read first time and referred to Committee on Education; 
March 29, 2005, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 7, Nays 0; March 29, 2005, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 221                                    By:  Zaffirini


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), Sections 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.



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