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A BILL TO BE ENTITLED
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AN ACT
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relating to a policy regarding the maintenance, administration, and |
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disposal of medication for respiratory distress by public and |
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private schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 38.208(a-1), (b-1), (c), and (d-1), |
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Education Code, are amended to read as follows: |
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(a-1) Each school district, open-enrollment charter school, |
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and private school shall [may] adopt and implement a policy |
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regarding the maintenance, administration, and disposal of |
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medication for respiratory distress at each campus in the district |
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or school. |
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(b-1) A [If a] policy [is] adopted under Subsection (a-1)[, |
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the policy] must: |
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(1) require the school district, open-enrollment |
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charter school, or private school to maintain and make available at |
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each school campus a supply of medication for respiratory distress; |
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and |
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(2) provide that school personnel and school |
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volunteers who are authorized and trained may administer medication |
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for respiratory distress to a person reasonably believed to be |
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experiencing respiratory distress on a school campus, or at a |
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school-sponsored or school-related activity on or off school |
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property. |
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(c) 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, and with advice from the advisory committee as |
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appropriate, shall adopt rules regarding the maintenance, |
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administration, and disposal of an epinephrine auto-injector at a |
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school campus subject to a policy adopted under Subsection (a) and |
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the maintenance, administration, and disposal of medication for |
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respiratory distress at a school campus [subject to a policy |
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adopted under Subsection (a-1)]. The rules must establish: |
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(1) the number of epinephrine auto-injectors |
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available at each campus; |
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(2) the amount of medication for respiratory distress |
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available at each campus; |
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(3) the process for each school district, |
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open-enrollment charter school, and private school to check the |
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inventory of epinephrine auto-injectors and medication for |
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respiratory distress at regular intervals for expiration and |
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replacement; |
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(4) the amount of training required for school |
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personnel and school volunteers to administer: |
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(A) an epinephrine auto-injector; or |
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(B) medication for respiratory distress; and |
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(5) the types of medication that may be administered |
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under Subsection (b-1) to persons experiencing respiratory |
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distress, based on a review of the best available medical evidence. |
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(d-1) A [Each school district, open-enrollment charter |
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school, and private school that adopts a] policy adopted under |
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Subsection (a-1) must require that each school campus have one or |
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more school personnel or school volunteers authorized and trained |
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to administer medication for respiratory distress present during |
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regular school hours. |
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SECTION 2. Section 38.210(a-1), Education Code, is amended |
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to read as follows: |
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(a-1) Each school district, open-enrollment charter school, |
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and private school [that adopts a policy under Section 38.208(a-1)] |
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is responsible for training school personnel and school volunteers |
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in the administration of medication for respiratory distress. The |
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training must include information on: |
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(1) recognizing the signs and symptoms of respiratory |
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distress; |
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(2) administering medication for respiratory |
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distress; |
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(3) implementing emergency procedures, if necessary, |
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after administering medication for respiratory distress; and |
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(4) proper sanitization, reuse, and disposal of |
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medication for respiratory distress. |
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SECTION 3. Section 38.212(a), Education Code, is amended to |
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read as follows: |
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(a) A [If a] school district, open-enrollment charter |
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school, or private school [implements a policy under this |
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subchapter, the district or school] shall provide [written notice |
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of the policy] to a parent or guardian of each student enrolled in |
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the district or school written notice of each policy implemented by |
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the district or school under this subchapter. |
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SECTION 4. Section 38.208(f), Education Code, is repealed. |
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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, 2025. |