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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of epinephrine auto-injectors in primary and |
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secondary schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.208(c), Education Code, is amended to |
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read as follows: |
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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, shall |
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adopt rules regarding the maintenance, administration, and |
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disposal of an epinephrine auto-injector at a school campus subject |
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to a policy adopted under Subsection (a). The rules must |
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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 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 at regular intervals for |
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expiration and replacement; and |
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(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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SECTION 2. Section 38.209, Education Code, is amended to |
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read as follows: |
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Sec. 38.209. REPORT ON ADMINISTERING EPINEPHRINE |
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AUTO-INJECTOR. (a) Not later than the 10th business day after the |
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date a school personnel member or school volunteer administers an |
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epinephrine auto-injector in accordance with a policy adopted under |
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Section 38.208(a), the school shall report the information required |
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under Subsection (b) to: |
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(1) the school district, the charter holder if the |
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school is an open-enrollment charter school, or the governing body |
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of the school if the school is a private school; |
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(2) the physician or other person who prescribed the |
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epinephrine auto-injector; and |
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(3) [the commissioner of education; and
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[(4)] the commissioner of state health services. |
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(b) The report required under this section must include the |
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following information: |
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(1) the age of the person who received the |
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administration of the epinephrine auto-injector; |
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(2) whether the person who received the administration |
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of the epinephrine auto-injector was a student, a school personnel |
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member or school volunteer, or a visitor; |
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(3) the physical location where the epinephrine |
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auto-injector was administered; |
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(4) the number of doses of epinephrine auto-injector |
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administered; |
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(5) the title of the person who administered the |
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epinephrine auto-injector; and |
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(6) any other information required by the commissioner |
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of state health services [education]. |
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SECTION 3. Section 38.214, Education Code, is amended to |
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read as follows: |
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Sec. 38.214. RULES. The [Except as otherwise provided by
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this subchapter, the commissioner of education and the] executive |
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commissioner of the Health and Human Services Commission shall |
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[jointly] adopt rules necessary to implement this subchapter. |
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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. |