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AN ACT
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relating to the care of students with seizure disorders and the |
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training requirements for certain school personnel regarding |
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seizure recognition and related first aid. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as Sam's Law. |
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SECTION 2. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Sections 38.032 and 38.033 to read as follows: |
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Sec. 38.032. SEIZURE MANAGEMENT AND TREATMENT PLAN. (a) |
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The parent or guardian of a student with a seizure disorder may seek |
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care for the student's seizures while the student is at school or |
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participating in a school activity by submitting to the school |
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district at which the student is enrolled a copy of a seizure |
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management and treatment plan developed by the student's parent or |
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guardian and the physician responsible for the student's seizure |
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treatment. The plan must be submitted to and reviewed by the |
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district: |
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(1) before or at the beginning of the school year; |
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(2) on enrollment of the student, if the student |
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enrolls in the district after the beginning of the school year; or |
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(3) as soon as practicable following a diagnosis of a |
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seizure disorder for the student. |
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(b) A seizure management and treatment plan must: |
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(1) identify the health care services the student may |
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receive at school or while participating in a school activity; |
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(2) evaluate the student's ability to manage and level |
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of understanding of the student's seizures; and |
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(3) be signed by the student's parent or guardian and |
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the physician responsible for the student's seizure treatment. |
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(c) The care of a student with a seizure disorder by a |
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district employee under a seizure management plan submitted under |
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this section is incident to or within the scope of the duties of the |
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employee's position of employment and involves the exercise of |
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judgment or discretion on the part of the employee for purposes of |
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Section 22.0511. |
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(d) The immunity from liability provided by Section 22.0511 |
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applies to an action or failure to act by a district employee in |
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administering a medication, assisting with self-administration, or |
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otherwise providing for the care of a student under a seizure |
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management plan submitted for the student under Subsection (a). |
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Sec. 38.033. SEIZURE RECOGNITION AND RELATED FIRST AID |
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TRAINING. (a) A school nurse employed by a school district must |
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complete an agency-approved online course of instruction for school |
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nurses regarding managing students with seizure disorders that |
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includes information about seizure recognition and related first |
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aid. |
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(b) A school district employee, other than a school nurse, |
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whose duties at the school include regular contact with students |
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must complete an agency-approved online course of instruction for |
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school personnel regarding awareness of students with seizure |
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disorders that includes information about seizure recognition and |
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related first aid. |
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(c) The agency may approve an online course of instruction |
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provided by a nonprofit national foundation that supports the |
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welfare of individuals with epilepsy and seizure disorders to |
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satisfy the training required under Subsection (a) or (b). An |
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online course of instruction approved by the agency under this |
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subsection that is provided to a school district must be provided by |
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the nonprofit entity free of charge. |
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(d) The agency shall adopt rules as necessary to administer |
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this section. |
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SECTION 3. Not later than December 1, 2019, the Texas |
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Education Agency shall approve online courses of instruction to |
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satisfy the training requirements of Section 38.033, Education |
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Code, as added by this Act. |
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SECTION 4. The change in law made by this Act applies |
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beginning with the 2019-2020 school year. |
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SECTION 5. 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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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 684 was passed by the House on April |
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16, 2019, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 684 on May 22, 2019, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 684 on May 26, 2019, by the following vote: Yeas 143, |
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Nays 0, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 684 was passed by the Senate, with |
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amendments, on May 14, 2019, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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684 on May 26, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |