| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the definition of an epinephrine delivery device and |
|
|
the use of those devices in public and private schools. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 38.0151(f), Education Code, is amended |
|
|
to read as follows: |
|
|
(f) A school district or open-enrollment charter school |
|
|
that provides for the maintenance, administration, and disposal of |
|
|
epinephrine delivery devices [auto-injectors] under Subchapter E |
|
|
is not required to comply with this section. |
|
|
SECTION 2. The heading to Subchapter E, Chapter 38, |
|
|
Education Code, is amended to read as follows: |
|
|
SUBCHAPTER E. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE |
|
|
DELIVERY DEVICES [AUTO-INJECTORS] AND MEDICATION FOR RESPIRATORY |
|
|
DISTRESS |
|
|
SECTION 3. Section 38.201, Education Code, is amended by |
|
|
amending Subdivision (3-a) and adding Subdivision (3-b) to read as |
|
|
follows: |
|
|
(3-a) "Epinephrine delivery device" means a medical |
|
|
delivery device approved by the United States Food and Drug |
|
|
Administration that delivers a dose of epinephrine intended for use |
|
|
to treat anaphylaxis, including: |
|
|
(A) an epinephrine auto-injector; and |
|
|
(B) an epinephrine nasal spray. |
|
|
(3-b) "Medication for respiratory distress" means |
|
|
albuterol, levalbuterol, or another medication designated by the |
|
|
executive commissioner of the Health and Human Services Commission |
|
|
for treatment of respiratory distress under Section 38.208(c). |
|
|
SECTION 4. Section 38.202(a), Education Code, is amended to |
|
|
read as follows: |
|
|
(a) The commissioner of state health services shall |
|
|
establish an advisory committee to examine and review the |
|
|
administration, on a campus of a school district, an |
|
|
open-enrollment charter school, a private school, or an institution |
|
|
of higher education, of: |
|
|
(1) epinephrine delivery devices [auto-injectors] to |
|
|
a person experiencing an anaphylactic reaction; and |
|
|
(2) medication for respiratory distress to a person |
|
|
experiencing respiratory distress. |
|
|
SECTION 5. Section 38.207, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 38.207. ADVISORY COMMITTEE: DUTIES. The advisory |
|
|
committee shall advise the commissioner of state health services |
|
|
on: |
|
|
(1) the storage and maintenance of epinephrine |
|
|
delivery devices [auto-injectors] and medication for respiratory |
|
|
distress on school campuses and campuses of institutions of higher |
|
|
education; |
|
|
(2) the training of school personnel and school |
|
|
volunteers, and of personnel and volunteers at institutions of |
|
|
higher education, in the administration of an epinephrine delivery |
|
|
device [auto-injector]; |
|
|
(3) the training of school personnel and school |
|
|
volunteers, and of personnel and volunteers at institutions of |
|
|
higher education, in the administration of a medication for |
|
|
respiratory distress; and |
|
|
(4) a plan for: |
|
|
(A) one or more school personnel members or |
|
|
school volunteers trained in the administration of an epinephrine |
|
|
delivery device [auto-injector] to be on each school campus; |
|
|
(B) one or more school personnel members or |
|
|
school volunteers trained in the administration of medication for |
|
|
respiratory distress to be on each school campus; |
|
|
(C) one or more personnel members or volunteers |
|
|
of an institution of higher education trained in the administration |
|
|
of an epinephrine delivery device [auto-injector] to be on each |
|
|
campus of an institution of higher education; and |
|
|
(D) one or more personnel members or volunteers |
|
|
of an institution of higher education trained in the administration |
|
|
of medication for respiratory distress to be on each campus of an |
|
|
institution of higher education. |
|
|
SECTION 6. The heading to Section 38.208, Education Code, |
|
|
is amended to read as follows: |
|
|
Sec. 38.208. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE |
|
|
DELIVERY DEVICES [AUTO-INJECTORS] AND MEDICATION FOR RESPIRATORY |
|
|
DISTRESS. |
|
|
SECTION 7. Sections 38.208(a), (b), (c), (d), (d-2), and |
|
|
(e), Education Code, are amended to read as follows: |
|
|
(a) Each school district, open-enrollment charter school, |
|
|
and private school may adopt and implement a policy regarding the |
|
|
maintenance, administration, and disposal of epinephrine delivery |
|
|
devices [auto-injectors] at each campus in the district or school. |
|
|
(b) If a policy is adopted under Subsection (a), the policy: |
|
|
(1) must provide that school personnel and school |
|
|
volunteers who are authorized and trained may administer an |
|
|
epinephrine delivery device [auto-injector] to a person who is |
|
|
reasonably believed to be experiencing anaphylaxis on a school |
|
|
campus; and |
|
|
(2) may provide that school personnel and school |
|
|
volunteers who are authorized and trained may administer an |
|
|
epinephrine delivery device [auto-injector] to a person who is |
|
|
reasonably believed to be experiencing anaphylaxis at an off-campus |
|
|
school event or while in transit to or from a school event. |
|
|
(c) The executive commissioner of the Health and Human |
|
|
Services Commission, in consultation with the commissioner of |
|
|
education, and with advice from the advisory committee as |
|
|
appropriate, shall adopt rules regarding the maintenance, |
|
|
administration, and disposal of an epinephrine delivery device |
|
|
[auto-injector] at a school campus subject to a policy adopted |
|
|
under Subsection (a) and the maintenance, administration, and |
|
|
disposal of medication for respiratory distress at a school campus |
|
|
subject to a policy adopted under Subsection (a-1). The rules must |
|
|
establish: |
|
|
(1) the number of epinephrine delivery devices |
|
|
[auto-injectors] available at each campus; |
|
|
(2) the amount of medication for respiratory distress |
|
|
available at each campus; |
|
|
(3) the process for each school district, |
|
|
open-enrollment charter school, and private school to check the |
|
|
inventory of epinephrine delivery devices [auto-injectors] and |
|
|
medication for respiratory distress at regular intervals for |
|
|
expiration and replacement; |
|
|
(4) the amount of training required for school |
|
|
personnel and school volunteers to administer: |
|
|
(A) an epinephrine delivery device |
|
|
[auto-injector]; or |
|
|
(B) medication for respiratory distress; and |
|
|
(5) the types of medication that may be administered |
|
|
under Subsection (b-1) to persons experiencing respiratory |
|
|
distress, based on a review of the best available medical evidence. |
|
|
(d) Each school district, open-enrollment charter school, |
|
|
and private school that adopts a policy under Subsection (a) must |
|
|
require that each campus have one or more school personnel members |
|
|
or school volunteers authorized and trained to administer an |
|
|
epinephrine delivery device [auto-injector] present during all |
|
|
hours the campus is open. |
|
|
(d-2) A school personnel member or school volunteer may not |
|
|
be subject to any penalty or disciplinary action for refusing to |
|
|
administer or receive training to administer epinephrine delivery |
|
|
devices [auto-injectors] or medication for respiratory distress, |
|
|
as applicable, in accordance with a policy adopted under Subsection |
|
|
(a) or (a-1). |
|
|
(e) The supply of epinephrine delivery devices |
|
|
[auto-injectors] at each campus must be stored in a secure location |
|
|
and be easily accessible to school personnel and school volunteers |
|
|
authorized and trained to administer an epinephrine delivery device |
|
|
[auto-injector]. |
|
|
SECTION 8. Section 38.209, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 38.209. REPORT ON ADMINISTERING EPINEPHRINE DELIVERY |
|
|
DEVICE [AUTO-INJECTOR]. (a) Not later than the 10th business day |
|
|
after the date a school personnel member or school volunteer |
|
|
administers an epinephrine delivery device [auto-injector] in |
|
|
accordance with a policy adopted under Section 38.208(a), the |
|
|
school shall report the information required under Subsection (b) |
|
|
to: |
|
|
(1) the school district, the charter holder if the |
|
|
school is an open-enrollment charter school, or the governing body |
|
|
of the school if the school is a private school; |
|
|
(2) the physician or other person who prescribed the |
|
|
epinephrine delivery device [auto-injector]; and |
|
|
(3) the commissioner of state health services. |
|
|
(b) The report required under this section must include the |
|
|
following information: |
|
|
(1) the age of the person who received the |
|
|
administration of the epinephrine delivery device [auto-injector]; |
|
|
(2) whether the person who received the administration |
|
|
of the epinephrine delivery device [auto-injector] was a student, a |
|
|
school personnel member or school volunteer, or a visitor; |
|
|
(3) the physical location where the epinephrine |
|
|
delivery device [auto-injector] was administered; |
|
|
(4) the number of doses of epinephrine [auto-injector] |
|
|
administered; |
|
|
(5) the title of the person who administered the |
|
|
epinephrine delivery device [auto-injector]; and |
|
|
(6) any other information required by the commissioner |
|
|
of education. |
|
|
SECTION 9. Section 38.210(a), Education Code, is amended to |
|
|
read as follows: |
|
|
(a) Each school district, open-enrollment charter school, |
|
|
and private school that adopts a policy under Section 38.208(a) is |
|
|
responsible for training school personnel and school volunteers in |
|
|
the administration of an epinephrine delivery device |
|
|
[auto-injector]. The training must include information on: |
|
|
(1) recognizing the signs and symptoms of anaphylaxis; |
|
|
(2) administering an epinephrine delivery device |
|
|
[auto-injector]; |
|
|
(3) implementing emergency procedures, if necessary, |
|
|
after administering an epinephrine delivery device |
|
|
[auto-injector]; and |
|
|
(4) properly disposing of used or expired epinephrine |
|
|
delivery devices [auto-injectors]. |
|
|
SECTION 10. The heading to Section 38.211, Education Code, |
|
|
is amended to read as follows: |
|
|
Sec. 38.211. PRESCRIPTION OF EPINEPHRINE DELIVERY DEVICES |
|
|
[AUTO-INJECTORS] AND MEDICATION FOR RESPIRATORY DISTRESS. |
|
|
SECTION 11. Sections 38.211(a), (b), (c), (e), and (f), |
|
|
Education Code, are amended to read as follows: |
|
|
(a) A physician or person who has been delegated |
|
|
prescriptive authority under Chapter 157, Occupations Code, may |
|
|
prescribe epinephrine delivery devices [auto-injectors] or |
|
|
medication for respiratory distress in the name of a school |
|
|
district, open-enrollment charter school, or private school. |
|
|
(b) A physician or other person who prescribes epinephrine |
|
|
delivery devices [auto-injectors] or medication for respiratory |
|
|
distress under Subsection (a) shall provide the school district, |
|
|
open-enrollment charter school, or private school with a standing |
|
|
order for the administration of, as applicable: |
|
|
(1) an epinephrine delivery device [auto-injector] to |
|
|
a person reasonably believed to be experiencing anaphylaxis; or |
|
|
(2) medication for respiratory distress to a person |
|
|
reasonably believed to be experiencing respiratory distress. |
|
|
(c) The standing order under Subsection (b) is not required |
|
|
to be patient-specific, and the epinephrine delivery device |
|
|
[auto-injector] or medication for respiratory distress may be |
|
|
administered to a person without a previously established |
|
|
physician-patient relationship. |
|
|
(e) An order issued under this section must contain: |
|
|
(1) the name and signature of the prescribing |
|
|
physician or other person; |
|
|
(2) the name of the school district, open-enrollment |
|
|
charter school, or private school to which the order is issued; |
|
|
(3) as applicable, the quantity and types of |
|
|
epinephrine delivery devices [auto-injectors] or the quantity and |
|
|
types of medications for respiratory distress to be obtained and |
|
|
maintained under the order; and |
|
|
(4) the date of issue. |
|
|
(f) A pharmacist may dispense an epinephrine delivery |
|
|
device [auto-injector] or medication for respiratory distress to a |
|
|
school district, open-enrollment charter school, or private school |
|
|
without requiring the name or any other identifying information |
|
|
relating to the user. |
|
|
SECTION 12. Section 38.215(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) A person who in good faith takes, or fails to take, any |
|
|
action under this subchapter is immune from civil or criminal |
|
|
liability or disciplinary action resulting from that action or |
|
|
failure to act, including: |
|
|
(1) issuing an order for epinephrine delivery devices |
|
|
[auto-injectors] or medication for respiratory distress; |
|
|
(2) supervising or delegating the administration of an |
|
|
epinephrine delivery device [auto-injector] or medication for |
|
|
respiratory distress; |
|
|
(3) possessing, maintaining, storing, or disposing of |
|
|
an epinephrine delivery device [auto-injector] or medication for |
|
|
respiratory distress; |
|
|
(4) prescribing an epinephrine delivery device |
|
|
[auto-injector] or medication for respiratory distress; |
|
|
(5) dispensing: |
|
|
(A) an epinephrine delivery device |
|
|
[auto-injector]; or |
|
|
(B) medication for respiratory distress; |
|
|
(6) administering, or assisting in administering, an |
|
|
epinephrine delivery device [auto-injector] or medication for |
|
|
respiratory distress; |
|
|
(7) providing, or assisting in providing, training, |
|
|
consultation, or advice in the development, adoption, or |
|
|
implementation of policies, guidelines, rules, or plans; or |
|
|
(8) undertaking any other act permitted or required |
|
|
under this subchapter. |
|
|
SECTION 13. 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, 2025. |