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A BILL TO BE ENTITLED
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AN ACT
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relating to the maintenance of anaphylaxis medicine by a public |
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school. |
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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 Subsection (c) and adding Subsection (c-1) to read as |
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follows: |
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(c) The guidelines described by Subsection (a) may not: |
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(1) require a school district or open-enrollment |
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charter school to make any [purchase prescription anaphylaxis |
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medication, such as epinephrine, or require any other] expenditure |
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that would result in a negative fiscal impact on the district or |
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charter school, other than an expenditure necessary to satisfy |
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Subsection (c-1); or |
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(2) require the personnel of a district or charter |
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school to administer treatments approved by the United States Food |
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and Drug Administration to treat anaphylaxis [anaphylaxis |
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medication], such as epinephrine, to a student unless the |
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anaphylaxis medication is prescribed for that student. |
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(c-1) Each school district and open-enrollment charter |
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school shall maintain at each campus a supply of anaphylaxis |
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medication, including an epinephrine auto-injector, that may be |
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administered to a person experiencing an anaphylactic reaction on |
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campus or at an off-campus school event, regardless of whether the |
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medication or auto-injector was prescribed for that person. |
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SECTION 2. Section 38.208(b), Education Code, is amended to |
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read as follows: |
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(b) If a policy is adopted under Subsection (a), the policy: |
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(1) must require the school district or |
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open-enrollment charter school to maintain at each campus a supply |
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of anaphylaxis medicine, including an epinephrine auto-injector, |
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that may be administered to a person experiencing an anaphylactic |
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reaction on campus or at an off-campus school event, regardless of |
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whether the medicine or auto-injector was prescribed for that |
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person; |
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(2) must provide that school personnel and school |
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volunteers who are authorized and trained may administer an |
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epinephrine auto-injector to a person who is reasonably believed to |
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be experiencing anaphylaxis on a school campus; and |
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(3) [(2)] may provide that school personnel and school |
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volunteers who are authorized and trained may administer an |
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epinephrine auto-injector to a person who is reasonably believed to |
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be experiencing anaphylaxis at an off-campus school event or while |
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in transit to or from a school event. |
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SECTION 3. Section 38.0151(h), Education Code, is repealed. |
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SECTION 4. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 5. 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, 2023. |