By: Taylor of Collin S.B. No. 579

(In the Senate - Filed January 24, 2017; February 8, 2017, read first time and referred to Committee on Education; March 23, 2017, reported favorably by the following vote: Yeas 10, Nays 0; March 23, 2017, sent to printer.) Click here to see the committee vote

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.

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