84R3806 MEW-D

By: Aycock H.B. No. 1676

A BILL TO BE ENTITLED

AN ACT

relating to authority of public and open-enrollment charter school campuses to maintain a supply of and administer anaphylaxis medicine.

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

SECTION 1. The heading to Section 38.0151, Education Code, is amended to read as follows:

Sec. 38.0151. POLICIES FOR CARE OF CERTAIN STUDENTS AT RISK FOR ANAPHYLAXIS; MAINTENANCE AND ADMINISTRATION OF ANAPHYLAXIS MEDICINE SUPPLY.

SECTION 2. Section 38.0151, Education Code, is amended by adding Subsections (b-1), (d-1), and (d-2) and amending Subsection (d) to read as follows:

(b-1) Each school district and open-enrollment charter school may maintain at each campus a supply of anaphylaxis medicine, including an epinephrine auto-injector, that may be administered to a person on campus or at an off-campus school event experiencing an anaphylactic reaction, regardless of whether the medicine or auto-injector was prescribed for that person. For anaphylaxis medicine to satisfy this subsection, the medicine may not have an expiration date that has passed.

(d) Except in a case of reckless conduct or intentional, wilful, or wanton misconduct, a person is immune from civil or criminal liability or disciplinary action for any conduct permitted or required under this section, including:

(1) issuing an order for epinephrine auto-injectors;

(2) supervising or delegating the administration of an epinephrine auto-injector;

(3) possessing an epinephrine auto-injector;

(4) prescribing an epinephrine auto-injector;

(5) dispensing an epinephrine auto-injector;

(6) administering, or assisting in administering, an epinephrine auto-injector;

(7) providing, or assisting in providing, training, consultation, or advice in the development, adoption, or implementation of policies or guidelines; or

(8) undertaking any other act permitted or required under this section. [This section does not:

[(1) waive any liability or immunity of a governmental entity or its officers or employees; or

[(2) create any liability for or a cause of action against a governmental entity or its officers or employees.]

(d-1) The immunity provided by Subsection (d) is in addition to other immunity or limitations of liability provided by law.

(d-2) Notwithstanding any other law, this section does not create a cause of action or liability against a school district or open-enrollment charter school or a district or school employee for the use of an epinephrine auto-injector permitted under this section.

SECTION 3. This Act applies beginning with the 2015-2016 school year.

SECTION 4. 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, 2015.