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A BILL TO BE ENTITLED
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AN ACT
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relating to access to certain health information of public school |
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students during an emergency evacuation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.0096 to read as follows: |
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Sec. 38.0096. ACCESS TO CERTAIN HEALTH INFORMATION DURING |
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EMERGENCY EVACUATION. (a) The commissioner by rule shall |
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establish procedures by which a school district, in the event of an |
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emergency evacuation of a school in the district, may share |
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relevant student medical information with a local hospital or local |
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medical center relating to medication that is administered to a |
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student during the school day by a school district employee or |
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qualified volunteer professional. |
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(b) The commissioner shall adopt rules under this section in |
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a manner that complies with federal law regarding confidentiality |
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of student medical or educational information, including the Health |
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Insurance Portability and Accountability Act of 1996 (42 U.S.C. |
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Section 1320d et seq.) and the Family Educational Rights and |
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Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law |
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relating to the privacy of student information. |
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SECTION 2. This Act applies beginning with the 2019-2020 |
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school year. |
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SECTION 3. 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. |