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A BILL TO BE ENTITLED
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AN ACT
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relating to guidelines for policies of school districts and |
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open-enrollment charter schools for the care of certain students at |
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risk for anaphylaxis. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.0151, Education Code, is amended by |
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amending Subsections (a), (b), and (e) and adding Subsection (g) to |
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read as follows: |
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(a) The board of trustees of each school district and the |
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governing body or an appropriate officer of each open-enrollment |
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charter school shall adopt and administer a policy for the care of |
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students with a diagnosed food allergy at risk for anaphylaxis |
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based on "Guidelines for the Care of Students With Food Allergies |
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At-Risk for Anaphylaxis" [guidelines] developed by the |
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commissioner of state health services under this section and |
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updated by the commissioner of state health services in |
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consultation with an ad hoc committee appointed by the commissioner |
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of state health services as provided by Section 38.0152. |
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(b) A school district or open-enrollment charter school |
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[that implemented a policy for the care of students with a diagnosed
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food allergy at risk for anaphylaxis before the development of the
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guidelines described by Subsection (a)] shall annually review [the
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policy] and, as necessary, revise its [the] policy for the care of |
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students with a diagnosed food allergy at risk for anaphylaxis [as
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necessary] to ensure the policy is consistent with the most current |
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version of the guidelines described by Subsection (a). |
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(e) The agency shall post the guidelines described by |
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Subsection (a) [developed by the commissioner of state health
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services under this section] on the agency's website with any other |
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information relating to students with special health needs. The |
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information posted by the agency must include a summary of the |
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guidelines. The agency shall annually review and, as necessary, |
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revise the summary and any other information to reflect the most |
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current version of the guidelines. |
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(g) Each school year, the board of trustees of each school |
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district and the governing body of each open-enrollment charter |
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school shall provide a copy of the guidelines summary posted on the |
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agency's website to each student enrolled in the district or school |
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and a parent or guardian of each student. |
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SECTION 2. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.0152 to read as follows: |
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Sec. 38.0152. COMMITTEE TO ASSIST IN UPDATING GUIDELINES |
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FOR CARE OF STUDENTS AT RISK FOR ANAPHYLAXIS. (a) In this section: |
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(1) "Commissioner" means the commissioner of state |
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health services. |
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(2) "Department" means the Department of State Health |
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Services. |
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(3) "Guidelines" means "Guidelines for the Care of |
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Students With Food Allergies At-Risk for Anaphylaxis" on which |
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school district and open-enrollment charter school policies for the |
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care of students with a diagnosed food allergy at risk for |
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anaphylaxis are based as provided by Section 38.0151. |
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(b) The commissioner shall appoint members to an ad hoc |
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committee to consult with the commissioner on updating the current |
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guidelines to incorporate and specifically reference any new |
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food-allergy management best practices and treatments, including |
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new methods, treatments, and therapies to reduce the risk of |
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allergic reactions. |
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(c) The committee must include: |
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(1) not more than: |
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(A) one representative from: |
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(i) the department; and |
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(ii) the Texas Nurses Association; and |
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(B) one physician who is a member of the American |
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Academy of Allergy, Asthma & Immunology; |
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(2) at least two individuals from one or more national |
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patient advocacy organizations representing the interests of food |
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allergies, anaphylaxis, and related medical issues, including |
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asthma; |
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(3) one principal of a public elementary school campus |
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at which one or more students with a diagnosed food allergy at risk |
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for anaphylaxis are enrolled; |
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(4) one classroom teacher employed at a public |
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elementary school campus at which one or more students with a |
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diagnosed food allergy at risk for anaphylaxis are enrolled; |
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(5) one superintendent of a school district; |
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(6) one member of a board of trustees of a school |
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district; |
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(7) one member of a governing body of an |
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open-enrollment charter school; |
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(8) at least two parents of public school students |
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with a diagnosed food allergy at risk for anaphylaxis; and |
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(9) at least one physician trained to diagnose, treat, |
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and manage allergies with experience in new and emerging allergy |
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management best practices and treatments, including new methods, |
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treatments, and therapies to reduce the risk of allergic reactions, |
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including anaphylaxis. |
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(d) Ad hoc committee members shall serve for a period |
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determined by the commissioner. On the resignation of a member of |
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the committee or the removal of a member from the committee by the |
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commissioner, the commissioner shall appoint a new member to the |
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committee who qualifies for the committee in the same manner that |
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the member who resigned or is removed qualified. |
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(e) Section 2110.005, Government Code, does not apply to the |
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ad hoc committee appointed under this section. |
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(f) At least once every three years, the commissioner shall |
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order a meeting of the committee to update the guidelines to |
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incorporate any new food-allergy management best practices and |
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treatments. |
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(g) The commissioner may order a meeting of the committee at |
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any time the commissioner determines necessary for the committee |
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to: |
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(1) discuss the protection of students with food |
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allergies at risk for anaphylaxis; and |
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(2) update the guidelines. |
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SECTION 3. The commissioner of state health services shall: |
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(1) not later than October 1, 2019, appoint the |
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members of the ad hoc committee described by Section 38.0152, |
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Education Code, as added by this Act, to consult with the |
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commissioner on updating and maintaining the "Guidelines for the |
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Care of Students With Food Allergies At-Risk for Anaphylaxis" as |
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provided by that section; and |
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(2) not later than March 1, 2020, in consultation with |
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the ad hoc committee, update the guidelines as necessary. |
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SECTION 4. 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. |