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A BILL TO BE ENTITLED
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AN ACT
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relating to traumatic injury response protocol and the use of |
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bleeding control kits in public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.030 to read as follows: |
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Sec. 38.030. TRAUMATIC INJURY RESPONSE PROTOCOL. (a) A |
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school district or open-enrollment charter school shall develop and |
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annually make available a protocol for school employees and |
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volunteers to follow in the event of a traumatic injury. |
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(b) The protocol required under this section must provide |
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for a school district or open-enrollment charter school to maintain |
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and make available to school employees and volunteers a bleeding |
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control kit for use in the event of a traumatic injury involving |
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blood loss. |
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(c) A bleeding control kit required under this section must |
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be a first aid response kit that includes: |
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(1) a tourniquet approved for use in battlefield |
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trauma care by the armed forces of the United States; |
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(2) compression bandages; |
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(3) bleeding control bandages; |
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(4) protective gloves; |
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(5) markers; |
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(6) scissors; and |
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(7) instructional documents developed by the American |
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College of Surgeons or the United States Department of Homeland |
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Security detailing methods to prevent blood loss following a |
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traumatic event. |
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(d) In addition to the items listed under Subsection (c), a |
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school district or open-enrollment charter school may also include |
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in a bleeding control kit any medical material or equipment that: |
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(1) may be readily stored in a bleeding control kit; |
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(2) may be used to adequately treat an injury |
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involving traumatic blood loss; and |
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(3) is approved by local law enforcement or emergency |
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medical services personnel. |
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(e) The good faith use of a bleeding control kit by a school |
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district or open-enrollment charter school employee to control the |
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bleeding of an injured person is incident to or within the scope of |
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the duties of the employee's position of employment and involves |
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the exercise of judgment or discretion on the part of the employee |
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for purposes of Section 22.0511, and a school district or |
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open-enrollment charter school and the employees of the district or |
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school are immune from civil liability, as provided by that |
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section, from damages or injuries resulting from that good faith |
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use of a bleeding control kit. A school district or open-enrollment |
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charter school volunteer is immune from civil liability from |
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damages or injuries resulting from the good faith use of a bleeding |
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control kit to the same extent as a professional employee of the |
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district or school, as provided by Section 22.053. |
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(f) Nothing in this section limits the immunity from |
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liability of a school district, open-enrollment charter school, or |
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district or school employee or volunteer under: |
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(1) Sections 22.0511 and 22.053; |
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(2) Section 101.051, Civil Practice and Remedies Code; |
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or |
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(3) any other applicable law. |
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(g) This section does not create a cause of action against a |
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school district or open-enrollment charter school or the employees |
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or volunteers of the district or school. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, and not later than January 1, 2020, each school |
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district and open-enrollment charter school shall develop and |
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implement the traumatic injury response protocol required by |
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Section 38.030, Education Code, as added by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |
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