By: Menéndez S.B. No. 2535
 
 
 
   
 
 
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.