88R15366 AMF-F

By: Talarico H.B. No. 2891

Substitute the following for H.B. No. 2891:

By: Buckley C.S.H.B. No. 2891

A BILL TO BE ENTITLED

AN ACT

relating to the use of glucagon medication on certain public and private school campuses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 168.001, Health and Safety Code, is amended by adding Subdivision (1-a) and amending Subdivisions (4) and (5) to read as follows:

(1-a) "Glucagon medication" means any medication used to treat hypoglycemia that contains glucagon.

(4) "School," unless the context clearly indicates otherwise, means a school district [public elementary or secondary school. The term does not include an open-enrollment charter school established under Subchapter D, Chapter 12, Education Code].

(5) "School employee," unless the context clearly indicates otherwise, means a person employed by:

(A) a school;

(B) a local health department that assists a school under this chapter; or

(C) another entity with which a school has contracted to perform its duties under this chapter.

SECTION 2. Chapter 168, Health and Safety Code, is amended by adding Sections 168.012 and 168.013 to read as follows:

Sec. 168.012. MAINTENANCE AND ADMINISTRATION OF GLUCAGON MEDICATION. (a) A school district, open-enrollment charter school, or private school may adopt and implement a policy regarding the maintenance, administration, and disposal of glucagon medication at each campus in the district or school.

(b) A policy adopted under Subsection (a):

(1) must provide that a school nurse or an unlicensed diabetes care assistant may:

(A) administer glucagon medication to a student who is reasonably believed to be experiencing hypoglycemia and for whom:

(i) a diabetes management and treatment plan has been submitted to the district or school; and

(ii) an individualized health plan, as described by Section 168.003, has been developed for the student; and

(B) carry glucagon medication prescribed in the name of the district or school on the nurse's or assistant's person to administer to a student described by Paragraph (A); and

(2) may not require a district or school to purchase glucagon medication or require the district or school to make any other expenditure related to the maintenance or administration of glucagon medication that would result in a negative fiscal impact on the district or school.

(c) The supply of glucagon medication at a campus subject to a policy adopted under Subsection (a) must be stored in a secure location and be easily accessible to a school nurse and unlicensed diabetes care assistant.

(d) Notwithstanding any other provision of this chapter, if an open-enrollment charter school or private school adopts a policy under Subsection (a):

(1) the parent or guardian of a student with diabetes who is enrolled in the school may submit a diabetes management and treatment plan developed in accordance with Section 168.002 to the school;

(2) the school may seek school employees who are not health care professionals to serve as unlicensed diabetes care assistants for purposes of administering glucagon medication under the policy; and

(3) the following provisions of this chapter apply to the school as if the school were a school district and to a school employee of the school, including a school nurse or unlicensed diabetes care assistant, as if the school employee were employed by a school district:

(A) Section 168.002(c);

(B) Section 168.003 with respect to each student who submits a diabetes management and treatment plan to the school;

(C) Sections 168.004(b) and (c);

(D) Section 168.005; and

(E) Section 168.009.

(e) The executive commissioner, in consultation with the commissioner of the Texas Education Agency, shall adopt rules regarding the maintenance, administration, and disposal of glucagon medication at a school campus in accordance with a policy adopted under Subsection (a).

Sec. 168.013. PRESCRIPTION OF GLUCAGON MEDICATION. (a) A physician or person who has been delegated prescriptive authority under Chapter 157, Occupations Code, may prescribe glucagon medication in the name of a school district, open-enrollment charter school, or private school that adopts a policy under Section 168.012(a).

(b) A physician or other person who prescribes glucagon medication under Subsection (a) shall provide the school district, open-enrollment charter school, or private school with a standing order for the administration of glucagon medication to a student described by Section 168.012(b)(1)(A).

(c) The standing order under Subsection (b) is not required to be patient-specific, and the glucagon medication may be administered to a person without a previously established physician-patient relationship.

(d) Notwithstanding any other provisions of law, supervision or delegation by a physician is considered adequate if the physician:

(1) periodically reviews the order; and

(2) is available through direct telecommunication as needed for consultation, assistance, and direction.

(e) A pharmacist may dispense glucagon medication to a school district, open-enrollment charter school, or private school that adopts a policy under Section 168.012(a) without requiring the name or any other identifying information relating to the user.

SECTION 3. This Act applies beginning with the 2023-2024 school year.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023.