86R17786 GCB-F
 
  By: Clardy, Middleton, Klick, et al. H.B. No. 684
 
  Substitute the following for H.B. No. 684:
 
  By:  Ashby C.S.H.B. No. 684
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the development of a seizure action plan for certain
  students enrolled in public schools and training for certain school
  personnel regarding seizure disorders.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as Sam's Law.
         SECTION 2.  Subchapter A, Chapter 38, Education Code, is
  amended by adding Section 38.032 to read as follows:
         Sec. 38.032.  SEIZURE ACTION PLAN. (a) Each school district
  and open-enrollment charter school shall require any school
  employee who may have responsibility for the supervision or care of
  a student with epilepsy or a seizure disorder to complete a seizure
  training program described by Subsection (b). A school employee
  who has completed the seizure training program may administer to a
  student covered by a seizure action plan developed under Subsection
  (d) a seizure rescue medication or medication prescribed to treat
  seizure disorder symptoms, or may assist the student with
  self-administration of the medication, as provided under the plan.
         (b)  A school employee described under Subsection (a) must
  complete an agency-approved seizure training program that includes
  instruction regarding managing students with seizures and includes
  information about seizure recognition, related first aid, and the
  administration of seizure rescue medications and medications
  prescribed to treat seizure disorder symptoms. The agency may
  approve, for purposes of this subsection, a seizure training course
  for school personnel provided by a nonprofit national foundation
  that supports the welfare of individuals with epilepsy and seizure
  disorders, such as the Epilepsy Foundation of America. A seizure
  training program approved by the agency under this subsection that
  is provided to a school district or open-enrollment charter school
  on portable media must be provided by the nonprofit entity free of
  charge.
         (c)  A parent of or a person standing in parental relation to
  a student with epilepsy or a seizure disorder for whom a plan has
  been created under Section 504, Rehabilitation Act of 1973 (29
  U.S.C. Section 794), may provide to the school district or
  open-enrollment charter school at which the student is enrolled
  written authorization for the development of a seizure action plan
  under Subsection (d). The written authorization must be provided
  on a form adopted by the agency and contain the following
  information:
               (1)  the student's name;
               (2)  the name and purpose of the medication to be
  administered or self-administered, which must be a seizure rescue
  medication or medication for the treatment of seizure disorder
  symptoms approved for that purpose by the United States Food and
  Drug Administration and prescribed by the student's physician;
               (3)  the prescribed dosage, route of administration,
  and frequency with which the medication may be administered under
  the prescription; and
               (4)  the circumstances under which the medication may
  be administered.
         (d)  A school district or open-enrollment charter school
  that receives written authorization under Subsection (c) shall
  develop, in collaboration with the person providing the
  authorization, a seizure action plan that is consistent with the
  student's plan created under Section 504, Rehabilitation Act of
  1973 (29 U.S.C. Section 794). The seizure action plan may provide
  for a school employee who has completed the training program
  described by Subsection (b) to administer or assist the student
  with self-administration of a medication identified in the written
  authorization provided under Subsection (c). A seizure action plan
  developed for a student under this subsection must be renewed at the
  beginning of each school year.
         (e)  The school district or open-enrollment charter school
  must:
               (1)  keep a seizure action plan developed for a student
  enrolled in the district or school on file in the office of a school
  nurse or school administrator; and
               (2)  distribute a copy of the plan to each school
  employee described by Subsection (a).
         (f)  A parent of or person standing in parental relation to a
  student for whom a seizure action plan is developed under
  Subsection (d) must provide a medication identified in the written
  authorization described by Subsection (c) to the school district or
  open-enrollment charter school at which the student is enrolled in
  an unopened, sealed package that is clearly labeled by the
  dispensing pharmacy.
         (g)  The immunity from liability provided by Section 22.0511
  applies to an action or failure to act by a school employee in
  administering a medication, assisting with self-administration, or
  otherwise providing for the care of a student under the seizure
  action plan developed for the student under Subsection (d).
         (h)  The agency shall adopt rules as necessary to administer
  this section.
         SECTION 3.  The change in law made by this Act applies
  beginning with the 2020-2021 school year.
         SECTION 4.  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, 2019.