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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of medication for respiratory distress in |
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public and private schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.211, Education Code, is amended by |
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adding Subsection (b-1) and amending Subsection (c) to read as |
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follows: |
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(b-1) The commissioner of state health services or, if the |
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commissioner is not a physician, the chief medical executive of the |
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Department of State Health Services may issue a statewide standing |
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order prescribing medication for respiratory distress to a school |
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district, open-enrollment charter school, or private school. |
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(c) The standing order under Subsection (b) or (b-1) is not |
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required to be patient-specific, and the epinephrine auto-injector |
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or medication for respiratory distress may be administered to a |
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person without a previously established physician-patient |
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relationship. |
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SECTION 2. Subchapter E, Chapter 38, Education Code, is |
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amended by adding Section 38.2115 to read as follows: |
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Sec. 38.2115. CONTRACTING FOR MEDICATION FOR RESPIRATORY |
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DISTRESS AND TRAINING. The board of trustees of a school district |
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or governing body of an open-enrollment charter school or private |
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school may contract with a vendor to provide: |
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(1) medication for respiratory distress and related |
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equipment to the district or school; and |
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(2) training to school personnel and school volunteers |
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authorized to administer medication for respiratory distress under |
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this subchapter. |
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SECTION 3. 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. |