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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of prescription asthma medicine on public and |
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private school campuses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter E, Chapter 38, |
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Education Code, is amended to read as follows: |
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SUBCHAPTER E. MAINTENANCE AND[,] ADMINISTRATION[, AND DISPOSAL] OF |
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EPINEPHRINE AUTO-INJECTORS AND ASTHMA MEDICINE |
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SECTION 2. The heading to Section 38.208, Education Code, |
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is amended to read as follows: |
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Sec. 38.208. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE |
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AUTO-INJECTORS AND ASTHMA MEDICINE. |
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SECTION 3. Section 38.208, Education Code, is amended by |
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adding Subsections (a-1), (b-1), and (f) and amending Subsections |
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(c) and (e) to read as follows: |
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(a-1) Each school district, open-enrollment charter school, |
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and private school may adopt and implement a policy authorizing a |
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school nurse to maintain and administer asthma medicine at each |
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campus in the district or school. |
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(b-1) If a policy is adopted under Subsection (a-1), the |
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policy must provide that the school nurse may administer |
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prescription asthma medicine to a student only if the school nurse |
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has written notification from a parent or guardian of the student |
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that the student has been diagnosed as having asthma and stating |
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that the school nurse may administer prescription asthma medicine |
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to the student. A school nurse may administer the prescription |
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asthma medicine only at a school campus. |
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(c) The executive commissioner of the Health and Human |
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Services Commission, in consultation with the commissioner of |
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education, and with advice from the advisory committee as |
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appropriate, shall adopt rules regarding the maintenance, |
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administration, and disposal of an epinephrine auto-injector at a |
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school campus subject to a policy adopted under Subsection (a) and |
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the maintenance and administration of asthma medicine at a school |
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campus subject to a policy adopted under Subsection (a-1). The |
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rules must establish: |
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(1) the number of epinephrine auto-injectors |
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available at each campus; |
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(2) the amount of prescription asthma medicine |
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available at each campus; |
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(3) the process for each school district, |
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open-enrollment charter school, and private school to check the |
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inventory of epinephrine auto-injectors and asthma medicine at |
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regular intervals for expiration and replacement; and |
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(4) [(3)] the amount of training required for school |
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personnel and school volunteers to administer an epinephrine |
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auto-injector. |
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(e) The supply of epinephrine auto-injectors at each campus |
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must be stored in a secure location and be easily accessible to |
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school personnel and school volunteers authorized and trained to |
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administer an epinephrine auto-injector. The supply of asthma |
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medicine at each campus must be stored in a secure location and be |
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easily accessible to the school nurse. |
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(f) The policy described by Subsection (a-1) may not require |
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a school district, open-enrollment charter school, or private |
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school to purchase prescription asthma medicine or require any |
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other expenditure related to the maintenance or administration of |
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asthma medicine that would result in a negative fiscal impact on the |
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district or school. |
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SECTION 4. The heading to Section 38.211, Education Code, |
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is amended to read as follows: |
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Sec. 38.211. PRESCRIPTION OF EPINEPHRINE AUTO-INJECTORS |
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AND ASTHMA MEDICINE. |
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SECTION 5. Sections 38.211(a), (b), (c), (e), and (f), |
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Education Code, are amended to read as follows: |
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(a) A physician or person who has been delegated |
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prescriptive authority under Chapter 157, Occupations Code, may |
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prescribe epinephrine auto-injectors or asthma medicine in the name |
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of a school district, open-enrollment charter school, or private |
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school. |
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(b) A physician or other person who prescribes epinephrine |
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auto-injectors or asthma medicine under Subsection (a) shall |
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provide the school district, open-enrollment charter school, or |
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private school with a standing order for the administration of, as |
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applicable: |
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(1) an epinephrine auto-injector to a person |
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reasonably believed to be experiencing anaphylaxis; or |
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(2) asthma medicine to a person reasonably believed to |
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be experiencing a symptom of asthma and who has provided written |
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notification and permission as required by Section 38.208(b-1). |
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(c) The standing order under Subsection (b) is not required |
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to be patient-specific, and the epinephrine auto-injector or asthma |
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medicine may be administered to a person without a previously |
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established physician-patient relationship. |
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(e) An order issued under this section must contain: |
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(1) the name and signature of the prescribing |
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physician or other person; |
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(2) the name of the school district, open-enrollment |
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charter school, or private school to which the order is issued; |
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(3) the quantity of epinephrine auto-injectors or |
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asthma medicine to be obtained and maintained under the order; and |
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(4) the date of issue. |
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(f) A pharmacist may dispense an epinephrine auto-injector |
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or asthma medicine to a school district, open-enrollment charter |
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school, or private school without requiring the name or any other |
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identifying information relating to the user. |
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SECTION 6. Section 38.212, Education Code, is amended to |
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read as follows: |
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Sec. 38.212. NOTICE TO PARENTS. If a school district, |
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open-enrollment charter school, or private school implements a |
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policy under this subchapter [for the maintenance, administration,
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and disposal of epinephrine auto-injectors], the district or school |
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shall provide written notice to a parent or guardian of each student |
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enrolled in the district or school. Notice required under this |
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section must be provided before a [the] policy is implemented by the |
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district or school and before the start of each school year. |
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SECTION 7. Section 38.215(a), Education Code, is amended to |
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read as follows: |
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(a) A person who in good faith takes, or fails to take, any |
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action under this subchapter is immune from civil or criminal |
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liability or disciplinary action resulting from that action or |
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failure to act, including: |
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(1) issuing an order for epinephrine auto-injectors or |
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asthma medicine; |
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(2) supervising or delegating the administration of an |
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epinephrine auto-injector or asthma medicine; |
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(3) possessing, maintaining, storing, or disposing of |
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an epinephrine auto-injector or asthma medicine; |
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(4) prescribing an epinephrine auto-injector or |
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asthma medicine; |
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(5) dispensing: |
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(A) an epinephrine auto-injector; or |
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(B) asthma medicine, provided that permission |
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has been granted as provided by Section 38.208(b-1); |
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(6) administering, or assisting in administering, an |
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epinephrine auto-injector or asthma medicine, provided that |
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permission has been granted as provided by Section 38.208(b-1); |
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(7) providing, or assisting in providing, training, |
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consultation, or advice in the development, adoption, or |
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implementation of policies, guidelines, rules, or plans; or |
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(8) undertaking any other act permitted or required |
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under this subchapter. |
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SECTION 8. 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. |