| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the use of prescription glucagon medication on 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 to read as follows: |
|
|
Sec. 168.001. DEFINITIONS. In this chapter: |
|
|
(1) "Diabetes management and treatment plan" means the |
|
|
document required by Section 168.002. |
|
|
(2) "Glucagon medication" means any medication used to |
|
|
treat low blood sugar that contains the hormone glucagon. |
|
|
(3) [(2)] "Individualized health plan" means the |
|
|
document required by Section 168.003. |
|
|
(4) [(3)] "Principal" includes the principal's |
|
|
designee. |
|
|
(5) [(4)] "School" means a public elementary or |
|
|
secondary school. The term does not include an open-enrollment |
|
|
charter school established under Subchapter D, Chapter 12, |
|
|
Education Code. |
|
|
(6) [(5)] "School employee" 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. |
|
|
(7) "Undesignated glucagon medication" means glucagon |
|
|
medication prescribed in the name of a school. |
|
|
(8) [(6)] "Unlicensed diabetes care assistant" means |
|
|
a school employee who has successfully completed the training |
|
|
required by Section 168.005. |
|
|
SECTION 2. Section 168.004, Occupations Code, is amended by |
|
|
adding Subsection (d) to read as follows: |
|
|
(d) An unlicensed diabetes care assistant may carry |
|
|
undesignated glucagon medication on his or her person. |
|
|
SECTION 3. Chapter 168, Health and Safety Code, is amended |
|
|
by adding Section 168.012 to read as follows: |
|
|
Sec. 168.012. MAINTENANCE OF GLAUCOGEN MEDICATION. (a) |
|
|
Each school district, open-enrollment charter school, and 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) The supply of glucagon medication at each campus must be |
|
|
stored in a secure location and be easily accessible to unlicensed |
|
|
diabetes care assistants and the school nurse. |
|
|
(c) 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. |
|
|
(d) A pharmacist may dispense glucagon medication to a |
|
|
school district, open-enrollment charter school, or private school |
|
|
without requiring the name or any other identifying information |
|
|
relating to the user. |
|
|
(e) The executive commissioner of the Health and Human |
|
|
Services Commission, in consultation with the commissioner of |
|
|
education, shall adopt rules regarding the maintenance, |
|
|
administration, and disposal of glucagon medication at a school |
|
|
campus. |
|
|
(f) The policy described by Subsection (a) may not require a |
|
|
school district, open-enrollment charter school, or private school |
|
|
to purchase glucagon medication or require 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. |
|
|
SECTION 4. This Act applies beginning with the 2023-2024 |
|
|
school year. |
|
|
SECTION 5. 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. |