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A BILL TO BE ENTITLED
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AN ACT
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relating to the care of elementary and secondary school students |
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with food or other life-threatening allergies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 2, Health and Safety Code, is |
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amended by adding Chapter 172 to read as follows: |
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CHAPTER 172. CARE OF STUDENTS WITH FOOD OR OTHER LIFE-THREATENING |
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ALLERGIES |
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Sec. 172.001. DEFINITIONS. In this chapter: |
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(1) "Allergy" means a dangerous or life-threatening |
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reaction of the human body to an allergen introduced by inhalation, |
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ingestion, injection, or skin contact. |
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(2) "School" means a public elementary or secondary |
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school. The term includes an open-enrollment charter school |
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established under Subchapter D, Chapter 12, Education Code. |
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(3) "School employee" means a person employed by: |
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(A) a school; |
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(B) a local health department that assists a |
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school under this chapter; or |
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(C) any other entity that assists a school under |
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this chapter, including an entity that provides transportation for |
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students. |
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Sec. 172.002. ALLERGY AND ANAPHYLAXIS MANAGEMENT IN |
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SCHOOLS. (a) Each school district or charter school in this state |
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shall develop an allergy and anaphylaxis management plan that |
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includes the following: |
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(1) a communication plan regarding dissemination of |
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information regarding a student's allergy when a student with a |
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life-threatening allergy is admitted to a school; |
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(2) strategies for reducing a student's exposure to |
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anaphylactic causative agents, including food and other |
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life-threatening allergens; and |
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(3) a procedure and treatment plan for responding to |
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anaphylaxis that includes the responsibilities of a school nurse |
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and the responsibilities of school employees who serve as first |
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responders in an anaphylactic emergency, recognizing that |
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anaphylaxis may occur in a student who has never experienced an |
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allergic reaction. |
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(b) In developing the plan under Subsection (a), a school |
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district or charter school shall consult The Texas Guide to School |
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Health Programs published by the Department of State Health |
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Services and may reference best practice guidelines from the |
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following organizations: |
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(1) the American Medical Association; |
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(2) the American Academy of Allergy, Asthma, and |
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Immunology; |
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(3) the American Academy of Pediatrics; |
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(4) the National Association of School Nurses; and |
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(5) the Food Allergy and Anaphylaxis Network. |
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Sec. 172.003. TRAINING COURSE. (a) In addition to the |
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allergy and anaphylaxis management plan required by Section |
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172.002, each school district and charter school shall provide |
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annual training for each school employee that includes: |
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(1) recognizing the signs and symptoms of allergic |
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reaction; |
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(2) administering lifesaving medication with a |
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cartridge injector; and |
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(3) emergency procedures after injecting medication. |
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(b) The training must be conducted by a person knowledgeable |
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in the subjects required to be included in the training under |
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Subsection (a), such as a school nurse, principal, or a |
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representative from an organization listed in Section 172.002(b). |
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(c) If a school district or charter school is unable to |
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provide the training required by this section without cost to the |
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district or school, the district or school may provide to each |
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school employee training materials that fully explain the subjects |
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required to be included in the training under Subsection (a), such |
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as The Texas Guide to School Health Programs published by the |
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Department of State Health Services. |
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Sec. 172.004. IMMUNITY FROM DISCIPLINARY ACTION OR |
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LIABILITY. A school employee may not be subject to any disciplinary |
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proceeding, as defined by Section 22.0512(b), Education Code, |
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resulting from an action taken in compliance with this chapter. The |
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requirements of this chapter are considered to involve the |
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employee's judgment and discretion and are not considered |
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ministerial acts for purposes of immunity from liability under |
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Section 22.0511, Education Code. Nothing in this chapter shall be |
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considered to limit the immunity from liability afforded under |
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Section 22.0511, Education Code. |
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SECTION 2. Chapter 172, Health and Safety Code, as added by |
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this Act, applies beginning with the 2011-2012 school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |