By: Taylor, Shelton (Senate Sponsor - Jackson) H.B. No. 4407

(In the Senate - Received from the House May 18, 2009; May 19, 2009, read first time and referred to Committee on Education; May 23, 2009, reported favorably by the following vote: Yeas 8, Nays 0; May 23, 2009, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to rules concerning administration and maintenance of anaphylaxis medicine on public school campuses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 38, Education Code, is amended by adding Section 38.0151 to read as follows:

Sec. 38.0151. RULES CONCERNING ADMINISTRATION AND MAINTENANCE OF ANAPHYLAXIS MEDICINE ON CAMPUS. (a) The commissioner by rule shall:

(1) adopt standardized procedures for school personnel to follow if a person on campus experiences an anaphylactic reaction;

(2) require each school district to maintain a physician's standing order under which a school nurse is authorized to administer anaphylaxis medicine to a person on campus experiencing an anaphylactic reaction; and

(3) require a district to maintain at each campus at which a school nurse serves on a part-time or full-time basis a supply of anaphylaxis medicine for administration to a person on campus experiencing an anaphylactic reaction for the first time.

(b) In adopting rules under Subsection (a), the commissioner shall consult with one or more physicians experienced in treating persons experiencing an anaphylactic reaction.

SECTION 2. 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, 2009.

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