84R23316 MEW-F
 
  By: Crownover, Aycock, Herrero, Farney, H.B. No. 2847
      Zerwas
 
  Substitute the following for H.B. No. 2847:
 
  By:  Aycock C.S.H.B. No. 2847
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to policies and training regarding the use of epinephrine
  auto-injectors by school districts and open-enrollment charter
  schools; providing immunity.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 38, Education Code, is amended by adding
  Subchapter E to read as follows:
  SUBCHAPTER E.  MAINTENANCE, ADMINISTRATION, AND DISPOSAL OF
  EPINEPHRINE AUTO-INJECTORS
         Sec. 38.201.  DEFINITIONS.  In this subchapter:
               (1)  "Advisory committee" means the committee
  established under Section 38.202.
               (2)  "Anaphylaxis" means a sudden, severe, and
  potentially life-threatening allergic reaction that occurs when a
  person is exposed to an allergen.
               (3)  "Epinephrine auto-injector" means a disposable
  medical drug delivery device that contains a premeasured single
  dose of epinephrine that is intended to be used to treat
  anaphylaxis.
               (4)  "Physician" means a person who holds a license to
  practice medicine in this state.
               (5)  "School personnel" means an employee of a school
  district or open-enrollment charter school. The term includes a
  member of the board of trustees of a school district or the
  governing body of an open-enrollment charter school.
         Sec. 38.202.  ADVISORY COMMITTEE:  ESTABLISHMENT AND
  COMPOSITION.  (a)  The commissioner of state health services shall
  establish an advisory committee to examine and review the
  administration of epinephrine auto-injectors to a person
  experiencing an anaphylactic reaction on a campus of a school
  district or an open-enrollment charter school.
         (b)  The advisory committee shall be composed of members
  appointed by the commissioner of state health services. In making
  appointments, the commissioner shall ensure that:
               (1)  a majority of the members are physicians with
  expertise in treating anaphylaxis, including physicians who
  specialize in the fields of pediatrics, allergies, asthma, and
  immunology; and
               (2)  at least one member is a registered nurse employed
  by a school district or open-enrollment charter school as a school
  nurse.
         (c)  A member of the advisory committee serves at the
  pleasure of the commissioner of state health services.
         (d)  A vacancy on the advisory committee is filled by the
  commissioner of state health services in the same manner as other
  appointments to the advisory committee.
         Sec. 38.203.  ADVISORY COMMITTEE: PRESIDING OFFICER.  The
  advisory committee shall elect a presiding officer.
         Sec. 38.204.  ADVISORY COMMITTEE: COMPENSATION AND
  EXPENSES.  Members of the advisory committee serve without
  compensation but are entitled to reimbursement for travel expenses.
         Sec. 38.205.  ADVISORY COMMITTEE:  APPLICABILITY OF OTHER
  LAW.  Chapter 2110, Government Code, does not apply to the advisory
  committee.
         Sec. 38.206.  ADVISORY COMMITTEE:  OPEN MEETINGS.  Meetings
  of the advisory committee are subject to Chapter 551, Government
  Code.
         Sec. 38.207.  ADVISORY COMMITTEE: DUTIES.  The advisory
  committee shall advise the commissioner of state health services
  on:
               (1)  the storage and maintenance of epinephrine
  auto-injectors on school campuses;
               (2)  the training of school personnel and school
  volunteers in the administration of an epinephrine auto-injector;
  and
               (3)  a plan for one or more school personnel members or
  school volunteers trained in the administration of an epinephrine
  auto-injector to be on each school campus.
         Sec. 38.208.  MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE
  AUTO-INJECTORS.  (a)  Each school district and open-enrollment
  charter school may adopt and implement a policy regarding the
  maintenance, administration, and disposal of epinephrine
  auto-injectors at each campus in the district or school.
         (b)  If a policy is adopted under Subsection (a), the policy:
               (1)  must provide that school personnel and school
  volunteers who are authorized and trained may administer an
  epinephrine auto-injector to a person who is reasonably believed to
  be experiencing anaphylaxis on a school campus; and
               (2)  may provide that school personnel and school
  volunteers who are authorized and trained may administer an
  epinephrine auto-injector to a person who is reasonably believed to
  be experiencing anaphylaxis at an off-campus school event or while
  in transit to or from a school event.
         (c)  The commissioner of state health services, in
  consultation with the commissioner of education, and with advice
  from the advisory committee, shall adopt rules regarding the
  maintenance, administration, and disposal of an epinephrine
  auto-injector at a school campus subject to a policy adopted under
  Subsection (a).  The rules must establish:
               (1)  the number of epinephrine auto-injectors
  available at each campus;
               (2)  the process for each school district and
  open-enrollment charter school to check the inventory of
  epinephrine auto-injectors at regular intervals for expiration and
  replacement; and
               (3)  the amount of training required for school
  personnel and school volunteers to administer an epinephrine
  auto-injector.
         (d)  Each school district and open-enrollment charter school
  that adopts a policy under Subsection (a) must require that each
  campus have one or more school personnel members or school
  volunteers authorized and trained to administer an epinephrine
  auto-injector present during all hours the campus is open.
         (e)  The supply of epinephrine auto-injectors at each campus
  must be stored in a secure location and be easily accessible to
  school personnel and school volunteers authorized and trained to
  administer an epinephrine auto-injector.
         Sec. 38.209.  REPORT ON ADMINISTERING EPINEPHRINE
  AUTO-INJECTOR.  (a)  Not later than the 10th business day after the
  date a school personnel member or school volunteer administers an
  epinephrine auto-injector in accordance with a policy adopted under
  Section 38.208(a), the school shall report the information required
  under Subsection (b) to:
               (1)  the school district or the charter holder if the
  school is an open-enrollment charter school;
               (2)  the physician or other person who prescribed the
  epinephrine auto-injector;
               (3)  the commissioner of education; and
               (4)  the commissioner of state health services.
         (b)  The report required under this section must include the
  following information:
               (1)  the age of the person who received the
  administration of the epinephrine auto-injector;
               (2)  whether the person who received the administration
  of the epinephrine auto-injector was a student, a school personnel
  member or school volunteer, or a visitor;
               (3)  the physical location where the epinephrine
  auto-injector was administered;
               (4)  the number of doses of epinephrine auto-injector
  administered;
               (5)  the title of the person who administered the
  epinephrine auto-injector; and
               (6)  any other information required by the commissioner
  of education.
         Sec. 38.210.  TRAINING. (a)  Each school district and
  open-enrollment charter school that adopts a policy under Section
  38.208(a) is responsible for training school personnel and school
  volunteers in the administration of an epinephrine auto-injector.
         (b)  Training required under this section must:
               (1)  include information on:
                     (A)  recognizing the signs and symptoms of
  anaphylaxis;
                     (B)  administering an epinephrine auto-injector;
                     (C)  implementing emergency procedures, if
  necessary, after administering an epinephrine auto-injector; and
                     (D)  properly disposing of used or expired
  epinephrine auto-injectors; and
               (2)  be provided in a formal training session or
  through online education and be completed annually.
         (c)  Each school district and open-enrollment charter school
  shall maintain records on the training required under this section.
         Sec. 38.211.  PRESCRIPTION OF EPINEPHRINE AUTO-INJECTORS.  
  (a)  A physician or person who has been delegated prescriptive
  authority under Chapter 157, Occupations Code, may prescribe
  epinephrine auto-injectors in the name of a school district or
  open-enrollment charter school.
         (b)  A physician or other person who prescribes epinephrine
  auto-injectors under Subsection (a) shall provide the school
  district or open-enrollment charter school with a standing order
  for the administration of an epinephrine auto-injector to a person
  reasonably believed to be experiencing anaphylaxis.
         (c)  The standing order under Subsection (b) is not required
  to be patient-specific, and the epinephrine auto-injector may be
  administered to a person without a previously established
  physician-patient relationship.
         (d)  Notwithstanding any other provisions of law,
  supervision or delegation by a physician is considered adequate if
  the physician:
               (1)  periodically reviews the order; and
               (2)  is available through direct telecommunication as
  needed for consultation, assistance, and direction.
         (e)  An order issued under this section must contain:
               (1)  the name and signature of the prescribing
  physician or other person;
               (2)  the name of the school district or open-enrollment
  charter school to which the order is issued;
               (3)  the quantity of epinephrine auto-injectors to be
  obtained and maintained under the order; and
               (4)  the date of issue.
         (f)  A pharmacist may dispense an epinephrine auto-injector
  to a school district or open-enrollment charter school without
  requiring the name or any other identifying information relating to
  the user.
         Sec. 38.212.  NOTICE TO PARENTS. If a school district or
  open-enrollment charter school implements a policy under this
  subchapter for the maintenance, administration, and disposal of
  epinephrine auto-injectors, the district or school shall provide
  written notice to a parent or guardian of each student enrolled in
  the district or school. Notice required under this section must be
  provided before the policy is implemented by the district or school
  and before the start of each school year.
         Sec. 38.213.  GIFTS, GRANTS, AND DONATIONS. A school
  district or open-enrollment charter school may accept gifts,
  grants, donations, and federal and local funds to implement this
  subchapter.
         Sec. 38.214.  RULES. Except as otherwise provided by this
  subchapter, the commissioner of education and the commissioner of
  state health services shall jointly adopt rules necessary to
  implement this subchapter.
         Sec. 38.215.  IMMUNITY FROM LIABILITY. (a)  A person who in
  good faith takes, or fails to take, any action under this subchapter
  is immune from civil or criminal liability or disciplinary action
  resulting from that action or failure to act, including:
               (1)  issuing an order for epinephrine auto-injectors;
               (2)  supervising or delegating the administration of an
  epinephrine auto-injector;
               (3)  possessing, maintaining, storing, or disposing of
  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, guidelines, rules, or plans; or
               (8)  undertaking any other act permitted or required
  under this subchapter.
         (b)  The immunities and protections provided by this
  subchapter are in addition to other immunities or limitations of
  liability provided by law.
         (c)  Notwithstanding any other law, this subchapter does not
  create a civil, criminal, or administrative cause of action or
  liability or create a standard of care, obligation, or duty that
  provides a basis for a cause of action for an act or omission under
  this subchapter.
         (d)  A cause of action does not arise from an act or omission
  described by this section.
         (e)  A school district or open-enrollment charter school and
  school personnel and school volunteers are immune from suit
  resulting from an act, or failure to act, under this subchapter,
  including an act or failure to act under related policies and
  procedures.
         (f)  An act or failure to act by school personnel or a school
  volunteer under this subchapter, including an act or failure to act
  under related policies and procedures, is the exercise of judgment
  or discretion on the part of the school personnel or school
  volunteer and is not considered to be a ministerial act for purposes
  of liability of the school district or open-enrollment charter
  school.
         SECTION 2.  Section 38.0151, Education Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  A school district or open-enrollment charter school
  that provides for the maintenance, administration, and disposal of
  epinephrine auto-injectors under Subchapter E is not required to
  comply with 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.