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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of prescription glucagon medication on public |
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and private school campuses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 168.001, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 168.001. DEFINITIONS. In this chapter: |
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(1) "Diabetes management and treatment plan" means the |
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document required by Section 168.002. |
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(2) "Glucagon medication" means any medication used to |
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treat low blood sugar that contains the hormone glucagon. |
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(3) [(2)] "Individualized health plan" means the |
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document required by Section 168.003. |
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(4) [(3)] "Principal" includes the principal's |
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designee. |
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(5) [(4)] "School" means a public elementary or |
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secondary school. The term does not include an open-enrollment |
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charter school established under Subchapter D, Chapter 12, |
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Education Code. |
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(6) [(5)] "School employee" means a person employed by: |
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(A) a school; |
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(B) a local health department that assists a |
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school under this chapter; or |
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(C) another entity with which a school has |
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contracted to perform its duties under this chapter. |
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(7) "Undesignated glucagon medication" means glucagon |
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medication prescribed in the name of a school. |
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(8) [6] "Unlicensed diabetes care assistant" means a |
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school employee who has successfully completed the training |
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required by Section 168.005. |
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SECTION 2. Section 168.004, Occupations Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) An unlicensed diabetes care assistant may carry |
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undesignated glucagon medication on his or her person. |
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SECTION 3. Chapter 168, Health and Safety Code, is amended |
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by adding Section 168.012 to read as follows: |
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Sec. 168.012. MAINTENANCE OF GLAUCOGEN MEDICATION. (a) Each |
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school district, open-enrollment charter school, and private |
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school may adopt and implement a policy regarding the maintenance, |
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administration, and disposal of glucagon medication at each campus |
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in the district or school. |
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(b) The supply of glucagon medication at each campus must be |
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stored in a secure location and be easily accessible to unlicensed |
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diabetes care assistants and the school nurse. |
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(c) A physician or person who has been delegated |
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prescriptive authority under Chapter 157, Occupations Code, may |
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prescribe glucagon medication in the name of a school district, |
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open-enrollment charter school, or private school. |
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(d) A pharmacist may dispense glucagon medication to a |
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school district, open-enrollment charter school, or private school |
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without requiring the name or any other identifying information |
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relating to the user. |
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(e) 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, shall adopt rules regarding the maintenance, |
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administration, and disposal of glucagon medication at a school |
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campus. |
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(f) The policy described by Subsection (a) may not require a |
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school district, open-enrollment charter school, or private school |
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to purchase glucagon medication or require any other expenditure |
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related to the maintenance or administration of glucagon medication |
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that would result in a negative fiscal impact on the district or |
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school. |
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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. |