BILL ANALYSIS

 

 

Senate Research Center

H.B. 476

86R4545 MM-D

By: Howard (Men�ndez)

 

Higher Education

 

4/17/2019

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Institutions that implement policies regarding the use of epinephrine auto-injectors would be required to have training for personnel and volunteers to learn the correct administration of epinephrine auto-injectors. While the Department of State Health Services (DSHS) has not adopted the rules that higher education institutions must adhere to, certain institutions have proactively been laying the groundwork to adopt policies as soon as the rules are adopted. Certain institutions also have existing policies on epinephrine auto-injectors, but are not sure whether their policies will align with the adopted rules. Currently, interested parties contend that information regarding auto-injector policies as they relate specifically to higher education institutions is difficult to access and that streamlining access to this information could lead to more policies being adopted.

 

H.B. 476 amends the Education Code to require each public institution of higher education that adopts a policy regarding the maintenance, storage, administration, and disposal of epinephrine auto-injectors on the institution's campus to include the policy in the institution's student handbook or similar publication and to publish the policy on the institution's website. The bill requires an institution that adopts such a policy to submit to DSHS a copy of the policy and any amendment to the policy adopted by the institution. The bill requires DSHS to maintain a record of the most recent policy and amendments submitted by each institution and to make that information available to the public on request.

 

H.B. 476 amends current law relating to certain duties of public institutions of higher education and the Department of State Health Services regarding policies on the use of epinephrine auto‑injectors by public institutions of higher education.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 51.882, Education Code, by amending Subsection (d) and adding Subsection (f), as follows:

 

(d) Makes a nonsubstantive change. Requires each institution of higher education that adopts a policy under Subsection (a) (relating to authorizing an institution of higher education to adopt and implement a policy regarding the maintenance, storage, administration, and disposal of epinephrine auto‑injectors on the institution's campus):

 

(1) creates this subdivision from existing text and makes a nonsubstantive change; and

 

(2) to include the policy in the institution's student handbook or similar publication and publish the policy on the institution's Internet website.

 

(f) Requires an institution of higher education that adopts a policy under Subsection (a) to submit to the Department of State Health Services (DSHS) a copy of the policy and any amendment to the policy adopted by the institution. Requires DSHS to maintain a record of the most recent policy and amendments submitted by each institution under this subsection and to make that information available to the public on request.

 

SECTION 2. Effective date: September 1, 2019.