Bill Text: TX HB2243 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the use of prescription asthma medicine on public and private school campuses.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2019-05-24 - Effective immediately [HB2243 Detail]
Download: Texas-2019-HB2243-Enrolled.html
H.B. No. 2243 |
|
||
relating to the use of prescription asthma medicine on public and | ||
private school campuses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Subchapter E, Chapter 38, | ||
Education Code, is amended to read as follows: | ||
SUBCHAPTER E. MAINTENANCE AND[ |
||
EPINEPHRINE AUTO-INJECTORS AND ASTHMA MEDICINE | ||
SECTION 2. The heading to Section 38.208, Education Code, | ||
is amended to read as follows: | ||
Sec. 38.208. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE | ||
AUTO-INJECTORS AND ASTHMA MEDICINE. | ||
SECTION 3. Section 38.208, Education Code, is amended by | ||
adding Subsections (a-1), (b-1), and (f) and amending Subsections | ||
(c) and (e) to read as follows: | ||
(a-1) Each school district, open-enrollment charter school, | ||
and private school may adopt and implement a policy authorizing a | ||
school nurse to maintain and administer asthma medicine at each | ||
campus in the district or school. | ||
(b-1) If a policy is adopted under Subsection (a-1), the | ||
policy must provide that the school nurse may administer | ||
prescription asthma medicine to a student only if the school nurse | ||
has written notification from a parent or guardian of the student | ||
that the student has been diagnosed as having asthma and stating | ||
that the school nurse may administer prescription asthma medicine | ||
to the student. A school nurse may administer the prescription | ||
asthma medicine only at a school campus. | ||
(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 auto-injector at a | ||
school campus subject to a policy adopted under Subsection (a) and | ||
the maintenance and administration of asthma medicine at a school | ||
campus subject to a policy adopted under Subsection (a-1). The | ||
rules must establish: | ||
(1) the number of epinephrine auto-injectors | ||
available at each campus; | ||
(2) the amount of prescription asthma medicine | ||
available at each campus; | ||
(3) the process for each school district, | ||
open-enrollment charter school, and private school to check the | ||
inventory of epinephrine auto-injectors and asthma medicine at | ||
regular intervals for expiration and replacement; and | ||
(4) [ |
||
personnel and school volunteers to administer an epinephrine | ||
auto-injector. | ||
(e) The supply of epinephrine 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 auto-injector. The supply of asthma | ||
medicine at each campus must be stored in a secure location and be | ||
easily accessible to the school nurse. | ||
(f) The policy described by Subsection (a-1) may not require | ||
a school district, open-enrollment charter school, or private | ||
school to purchase prescription asthma medicine or require any | ||
other expenditure related to the maintenance or administration of | ||
asthma medicine that would result in a negative fiscal impact on the | ||
district or school. | ||
SECTION 4. The heading to Section 38.211, Education Code, | ||
is amended to read as follows: | ||
Sec. 38.211. PRESCRIPTION OF EPINEPHRINE AUTO-INJECTORS | ||
AND ASTHMA MEDICINE. | ||
SECTION 5. 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 auto-injectors or asthma medicine in the name | ||
of a school district, open-enrollment charter school, or private | ||
school. | ||
(b) A physician or other person who prescribes epinephrine | ||
auto-injectors or asthma medicine 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 auto-injector to a person | ||
reasonably believed to be experiencing anaphylaxis; or | ||
(2) asthma medicine to a person reasonably believed to | ||
be experiencing a symptom of asthma and who has provided written | ||
notification and permission as required by Section 38.208(b-1). | ||
(c) The standing order under Subsection (b) is not required | ||
to be patient-specific, and the epinephrine auto-injector or asthma | ||
medicine 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) the quantity of epinephrine auto-injectors or | ||
asthma medicine to be obtained and maintained under the order; and | ||
(4) the date of issue. | ||
(f) A pharmacist may dispense an epinephrine auto-injector | ||
or asthma medicine 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 6. Section 38.212, Education Code, is amended to | ||
read as follows: | ||
Sec. 38.212. NOTICE TO PARENTS. If a school district, | ||
open-enrollment charter school, or private school implements a | ||
policy under this subchapter [ |
||
|
||
shall provide written notice to a parent or guardian of each student | ||
enrolled in the district or school. Notice required under this | ||
section must be provided before a [ |
||
district or school and before the start of each school year. | ||
SECTION 7. 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 auto-injectors or | ||
asthma medicine; | ||
(2) supervising or delegating the administration of an | ||
epinephrine auto-injector or asthma medicine; | ||
(3) possessing, maintaining, storing, or disposing of | ||
an epinephrine auto-injector or asthma medicine; | ||
(4) prescribing an epinephrine auto-injector or | ||
asthma medicine; | ||
(5) dispensing: | ||
(A) an epinephrine auto-injector; or | ||
(B) asthma medicine, provided that permission | ||
has been granted as provided by Section 38.208(b-1); | ||
(6) administering, or assisting in administering, an | ||
epinephrine auto-injector or asthma medicine, provided that | ||
permission has been granted as provided by Section 38.208(b-1); | ||
(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 8. 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, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2243 was passed by the House on April | ||
2, 2019, by the following vote: Yeas 147, Nays 0, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2243 was passed by the Senate on May | ||
10, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |