Bill Text: TX HB2555 | 2019-2020 | 86th Legislature | Comm Sub


Bill Title: Relating to guidelines for policies of school districts and open-enrollment charter schools for the care of certain students at risk for anaphylaxis.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-05-09 - Placed on General State Calendar [HB2555 Detail]

Download: Texas-2019-HB2555-Comm_Sub.html
  86R26423 CAE-F
 
  By: Parker H.B. No. 2555
 
  Substitute the following for H.B. No. 2555:
 
  By:  Bell of Kaufman C.S.H.B. No. 2555
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to guidelines for policies of school districts and
  open-enrollment charter schools for the care of certain students at
  risk for anaphylaxis.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 38.0151, Education Code, is amended by
  amending Subsections (a), (b), and (e) and adding Subsections (g),
  (h), (i), and (j) to read as follows:
         (a)  The board of trustees of each school district and the
  governing body or an appropriate officer of each open-enrollment
  charter school shall adopt and administer a policy for the care of
  students with a diagnosed food allergy at risk for anaphylaxis
  based on "Guidelines for the Care of Students With Food Allergies
  At-Risk for Anaphylaxis" [guidelines] developed by the
  commissioner of state health services under this section and
  updated by the commissioner of state health services in
  consultation with an ad hoc committee appointed by the commissioner
  of state health services as provided by Section 38.0152.
         (b)  A school district or open-enrollment charter school
  [that implemented a policy for the care of students with a diagnosed
  food allergy at risk for anaphylaxis before the development of the
  guidelines described by Subsection (a)] shall annually review [the
  policy] and, as necessary, revise its [the] policy for the care of
  students with a diagnosed food allergy at risk for anaphylaxis [as
  necessary] to ensure the policy is consistent with the most current
  version of the guidelines described by Subsection (a).
         (e)  The agency shall post the guidelines described by
  Subsection (a) [developed by the commissioner of state health
  services under this section] on the agency's website with any other
  information relating to students with special health needs. The
  information posted by the agency must include a summary of the
  guidelines. The agency shall annually review and, as necessary,
  revise the summary and any other information to reflect the most
  current version of the guidelines.
         (g)  Each school year, the board of trustees of each school
  district and the governing body of each open-enrollment charter
  school shall post a summary of the guidelines on the district's or
  school's Internet website, including instructions on obtaining
  access to the complete guidelines document.  The district's or
  school's website must be accessible by each student enrolled in the
  district or school and a parent or guardian of each student.  Any
  forms used by a district or school requesting information from a
  parent or guardian enrolling a child with a food allergy in the
  district or school must include information to access on the
  district's or school's Internet website a summary of the guidelines
  and instructions on obtaining access to the complete guidelines
  document.
         (h)  The guidelines described by Subsection (a) may not:
               (1)  require a school district or open-enrollment
  charter school to purchase treatments approved by the United States
  Food and Drug Administration or make any other expenditure that
  would result in a negative fiscal impact on the district or school;
  or
               (2)  require the personnel of a district or school to
  administer treatments approved by the United States Food and Drug
  Administration to a student unless the medication is prescribed for
  that student by the student's physician.
         (i)  This section does not:
               (1)  waive any liability or immunity of a school
  district or open-enrollment charter school or district or school
  officers or employees; or
               (2)  create any liability for or a cause of action
  against a school district or open-enrollment charter school or
  district or school officers or employees.
         (j)  Notwithstanding any other law, this section, including
  any information or materials developed under this section and the
  dissemination of information or materials developed under this
  section, does not create a civil, criminal, or administrative cause
  of action or liability or create a standard of care, obligation, or
  duty that provides the basis for a cause of action.
         SECTION 2.  Subchapter A, Chapter 38, Education Code, is
  amended by adding Section 38.0152 to read as follows:
         Sec. 38.0152.  COMMITTEE TO ASSIST IN UPDATING GUIDELINES
  FOR CARE OF STUDENTS AT RISK FOR ANAPHYLAXIS. (a) In this section:
               (1)  "Commissioner" means the commissioner of state
  health services.
               (2)  "Department" means the Department of State Health
  Services.
               (3)  "Guidelines" means "Guidelines for the Care of
  Students With Food Allergies At-Risk for Anaphylaxis" on which
  school district and open-enrollment charter school policies for the
  care of students with a diagnosed food allergy at risk for
  anaphylaxis are based as provided by Section 38.0151.
         (b)  The commissioner shall appoint members to an ad hoc
  committee to consult with the commissioner on updating the current
  guidelines to incorporate and specifically reference any new
  food-allergy management best practices and treatments, including
  new methods, treatments, and therapies to reduce the risk of
  allergic reactions.
         (c)  The committee must include:
               (1)  not more than:
                     (A)  one representative from:
                           (i)  the department; and
                           (ii)  the Texas Nurses Association; and
                     (B)  one physician who is a member of the American
  Academy of Allergy, Asthma & Immunology;
               (2)  at least two individuals from one or more national
  patient advocacy organizations representing the interests of food
  allergies, anaphylaxis, and related medical issues, including
  asthma;
               (3)  one principal of a public elementary school campus
  at which one or more students with a diagnosed food allergy at risk
  for anaphylaxis are enrolled;
               (4)  one classroom teacher employed at a public
  elementary school campus at which one or more students with a
  diagnosed food allergy at risk for anaphylaxis are enrolled;
               (5)  one superintendent of a school district;
               (6)  one member of a board of trustees of a school
  district;
               (7)  one member of a governing body of an
  open-enrollment charter school;
               (8)  at least two parents of public school students
  with a diagnosed food allergy at risk for anaphylaxis; and
               (9)  at least five physicians trained to diagnose,
  treat, and manage allergies with experience in new and emerging
  allergy management best practices and treatments, including new
  methods, treatments, and therapies to reduce the risk of allergic
  reactions, including anaphylaxis.
         (d)  Ad hoc committee members shall serve for a period
  determined by the commissioner. On the resignation of a member of
  the committee or the removal of a member from the committee by the
  commissioner, the commissioner shall appoint a new member to the
  committee who qualifies for the committee in the same manner that
  the member who resigned or is removed qualified.
         (e)  Section 2110.005, Government Code, does not apply to the
  ad hoc committee appointed under this section.
         (f)  The physicians appointed to serve on the ad hoc
  committee shall provide to the committee appropriate
  recommendations to be made to the commissioner on updating the
  current guidelines, including any new food-allergy management best
  practices and treatments, including new methods, treatments, and
  therapies to reduce the risk of allergic reactions.
         (g)  At least once every three years, the commissioner shall
  order a meeting of the committee to update the guidelines to
  incorporate any new food-allergy management best practices and
  treatments.
         (h)  The commissioner may order a meeting of the committee at
  any time the commissioner determines necessary for the committee
  to:
               (1)  discuss the protection of students with food
  allergies at risk for anaphylaxis; and
               (2)  update the guidelines.
         SECTION 3.  The commissioner of state health services shall:
               (1)  not later than October 1, 2019, appoint the
  members of the ad hoc committee described by Section 38.0152,
  Education Code, as added by this Act, to consult with the
  commissioner on updating and maintaining the "Guidelines for the
  Care of Students With Food Allergies At-Risk for Anaphylaxis" as
  provided by that section; and
               (2)  not later than March 1, 2020, in consultation with
  the ad hoc committee, update the guidelines as necessary.
         SECTION 4.  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.
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