81R3633 ALB-F

By: Lucio III H.B. No. 4633

A BILL TO BE ENTITLED

AN ACT

relating to the care of elementary and secondary school students with food or other life-threatening allergies.

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

SECTION 1. Subtitle H, Title 2, Health and Safety Code, is amended by adding Chapter 172 to read as follows:

CHAPTER 172. CARE OF STUDENTS WITH FOOD OR OTHER LIFE-THREATENING

ALLERGIES

Sec. 172.001. DEFINITIONS. In this chapter:

(1) "Allergy" means a dangerous or life-threatening reaction of the human body to an allergen introduced by inhalation, ingestion, injection, or skin contact.

(2) "School" means a public elementary or secondary school. The term includes an open-enrollment charter school established under Subchapter D, Chapter 12, Education Code.

(3) "School employee" means a person employed by:

(A) a school;

(B) a local health department that assists a school under this chapter; or

(C) any other entity that assists a school under this chapter, including an entity that provides transportation for students.

Sec. 172.002. ALLERGY AND ANAPHYLAXIS MANAGEMENT IN SCHOOLS. (a) Each school district or charter school in this state shall develop an allergy and anaphylaxis management plan that includes the following:

(1) a communication plan regarding dissemination of information regarding a student's allergy when a student with a life-threatening allergy is admitted to a school;

(2) strategies for reducing a student's exposure to anaphylactic causative agents, including food and other life-threatening allergens;

(3) a procedure for the development of an individualized health care plan as required by Section 172.003 for each student with a life-threatening allergy;

(4) a training course for each school employee that includes annual training regarding recognizing the signs and symptoms of allergic reaction, administering life-saving medication with a cartridge injector, and emergency procedures after injecting medication; and

(5) a procedure and treatment plan for responding to anaphylaxis that includes the responsibilities of a school nurse and the responsibilities of school employees who serve as first responders in an anaphylactic emergency, recognizing that anaphylaxis may occur in a student who has never experienced an allergic reaction.

(b) In developing the plan under Subsection (a), a school district or charter school shall consult The Texas Guide to School Health Programs published by the Department of State Health Services and may reference best practice guidelines from the following organizations:

(1) the American Medical Association;

(2) the American Academy of Allergy, Asthma, and Immunology;

(3) the American Academy of Pediatrics;

(4) the National Association of School Nurses; and

(5) the Food Allergy and Anaphylaxis Network.

Sec. 172.003. INDIVIDUALIZED HEALTH CARE PLAN. (a) An individualized health care plan is a coordinated plan of care designed to meet the unique health care needs of a student with an allergy in the school setting.

(b) An individualized health care plan must be developed for each student with an allergy who may seek care for the allergy while at school or while participating in a school activity. The school principal and the school nurse, if a school nurse is assigned to the school, shall develop a student's individualized health care plan in collaboration with the student's parent or guardian and, to the extent practicable, the physician responsible for the treatment of the student's allergy.

(c) The school must develop an individualized health care plan for each student with an allergy:

(1) before the first day of the school year for a student enrolled at the school on the first day of the school year;

(2) on enrollment of the student, if the student enrolls in the school after the first day of the school year; or

(3) as soon as practicable after a student is diagnosed with an allergy if the allergy is diagnosed after the student is enrolled in the school.

Sec. 172.004. INDEPENDENT MONITORING AND TREATMENT. In accordance with the student's individualized health care plan, a school shall permit the student to attend to the management and care of the student's allergy, which may include:

(1) possessing and self-administering anaphylaxis medicine under Section 38.015, Education Code;

(2) possessing on the student's person at any time any supplies or equipment necessary to care for the student's allergy; and

(3) otherwise attending to the management and care of the student's allergy in the classroom, in any area of the school or school grounds, or at any school-related activity.

Sec. 172.005. IMMUNITY FROM DISCIPLINARY ACTION OR LIABILITY. A school employee may not be subject to any disciplinary proceeding, as defined by Section 22.0512(b), Education Code, resulting from an action taken in compliance with this chapter. The requirements of this chapter are considered to involve the employee's judgment and discretion and are not considered ministerial acts for purposes of immunity from liability under Section 22.0511, Education Code. Nothing in this chapter shall be considered to limit the immunity from liability afforded under Section 22.0511, Education Code.

SECTION 2. Chapter 172, Health and Safety Code, as added by this Act, applies beginning with the 2009-2010 school year.

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, 2009.