By: Taylor of Collin S.B. No. 579
 
  (Cortez)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of epinephrine auto-injectors on private school
  campuses and at or in transit to or from off-campus school events.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 38.201, Education Code, is amended by
  amending Subdivision (5) and adding Subdivision (6) to read as
  follows:
               (5)  "Private school" means a school that:
                     (A)  offers a course of instruction for students
  in one or more grades from prekindergarten through grade 12;
                     (B)  is not operated by a governmental entity; and
                     (C)  is not a school whose students meet the
  definition provided by Section 29.916(a)(1).
               (6)  "School personnel" means an employee of a school
  district, [or] open-enrollment charter school, or private 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
  or private school.
         SECTION 2.  Sections 38.202(a) and (b), Education Code, are
  amended to read as follows:
         (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, or a private
  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, or
  private school as a school nurse.
         SECTION 3.  Sections 38.208(a), (c), and (d), Education
  Code, are amended to read as follows:
         (a)  Each school district, [and] open-enrollment charter
  school, and private 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.
         (c)  The executive commissioner of the Health and Human
  Services Commission [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, and private 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, and private 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.
         SECTION 4.  Section 38.209(a), Education Code, is amended to
  read as follows:
         (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, or the governing
  body of the school if the school is a private 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.
         SECTION 5.  Sections 38.210(a) and (c), Education Code, are
  amended to read as follows:
         (a)  Each school district, [and] open-enrollment charter
  school, and private 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.
         (c)  Each school district, [and] open-enrollment charter
  school, and private school shall maintain records on the training
  required under this section.
         SECTION 6.  Sections 38.211(a), (b), (e), and (f), Education
  Code, are amended to read as follows:
         (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, or private 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, or private school
  with a standing order for the administration of an epinephrine
  auto-injector to a person reasonably believed to be experiencing
  anaphylaxis.
         (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, or private 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, or
  private school without requiring the name or any other identifying
  information relating to the user.
         SECTION 7.  Section 38.212, Education Code, is amended to
  read as follows:
         Sec. 38.212.  NOTICE TO PARENTS.  If a school district, [or]
  open-enrollment charter school, or private 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.
         SECTION 8.  Section 38.213, Education Code, is amended to
  read as follows:
         Sec. 38.213.  GIFTS, GRANTS, AND DONATIONS.  A school
  district, [or] open-enrollment charter school, or private school
  may accept gifts, grants, donations, and federal and local funds to
  implement this subchapter.
         SECTION 9.  Section 38.214, Education Code, is amended to
  read as follows:
         Sec. 38.214.  RULES.  Except as otherwise provided by this
  subchapter, the commissioner of education and the executive
  commissioner of the Health and Human Services Commission [state
  health services] shall jointly adopt rules necessary to implement
  this subchapter.
         SECTION 10.  Section 38.215(e), Education Code, is amended
  to read as follows:
         (e)  A school district, [or] open-enrollment charter school,
  or private 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.
         SECTION 11.  This Act applies beginning with the 2017-2018
  school year.
         SECTION 12.  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, 2017.