Bill Text: TX HB684 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to the care of students with seizure disorders and the training requirements for certain school personnel regarding seizure recognition and related first aid.

Spectrum: Slight Partisan Bill (Republican 14-9)

Status: (Passed) 2019-06-14 - Effective immediately [HB684 Detail]

Download: Texas-2019-HB684-Enrolled.html
 
 
  H.B. No. 684
 
 
 
 
AN ACT
 
 
  relating to the care of students with seizure disorders and the
  training requirements for certain school personnel regarding
  seizure recognition and related first aid.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as Sam's Law.
         SECTION 2.  Subchapter A, Chapter 38, Education Code, is
  amended by adding Sections 38.032 and 38.033 to read as follows:
         Sec. 38.032.  SEIZURE MANAGEMENT AND TREATMENT PLAN. (a)
  The parent or guardian of a student with a seizure disorder may seek
  care for the student's seizures while the student is at school or
  participating in a school activity by submitting to the school
  district at which the student is enrolled a copy of a seizure
  management and treatment plan developed by the student's parent or
  guardian and the physician responsible for the student's seizure
  treatment. The plan must be submitted to and reviewed by the
  district:
               (1)  before or at the beginning of the school year;
               (2)  on enrollment of the student, if the student
  enrolls in the district after the beginning of the school year; or
               (3)  as soon as practicable following a diagnosis of a
  seizure disorder for the student.
         (b)  A seizure management and treatment plan must:
               (1)  identify the health care services the student may
  receive at school or while participating in a school activity;
               (2)  evaluate the student's ability to manage and level
  of understanding of the student's seizures; and
               (3)  be signed by the student's parent or guardian and
  the physician responsible for the student's seizure treatment.
         (c)  The care of a student with a seizure disorder by a
  district employee under a seizure management plan submitted under
  this section is incident to or within the scope of the duties of the
  employee's position of employment and involves the exercise of
  judgment or discretion on the part of the employee for purposes of
  Section 22.0511.
         (d)  The immunity from liability provided by Section 22.0511
  applies to an action or failure to act by a district employee in
  administering a medication, assisting with self-administration, or
  otherwise providing for the care of a student under a seizure
  management plan submitted for the student under Subsection (a).
         Sec. 38.033.  SEIZURE RECOGNITION AND RELATED FIRST AID
  TRAINING. (a)  A school nurse employed by a school district must
  complete an agency-approved online course of instruction for school
  nurses regarding managing students with seizure disorders that
  includes information about seizure recognition and related first
  aid.
         (b)  A school district employee, other than a school nurse,
  whose duties at the school include regular contact with students
  must complete an agency-approved online course of instruction for
  school personnel regarding awareness of students with seizure
  disorders that includes information about seizure recognition and
  related first aid.
         (c)  The agency may approve an online course of instruction
  provided by a nonprofit national foundation that supports the
  welfare of individuals with epilepsy and seizure disorders to
  satisfy the training required under Subsection (a) or (b). An
  online course of instruction approved by the agency under this
  subsection that is provided to a school district must be provided by
  the nonprofit entity free of charge.
         (d)  The agency shall adopt rules as necessary to administer
  this section.
         SECTION 3.  Not later than December 1, 2019, the Texas
  Education Agency shall approve online courses of instruction to
  satisfy the training requirements of Section 38.033, Education
  Code, as added by this Act.
         SECTION 4.  The change in law made by this Act applies
  beginning with the 2019-2020 school year.
         SECTION 5.  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. 684 was passed by the House on April
  16, 2019, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 684 on May 22, 2019, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 684 on May 26, 2019, by the following vote:  Yeas 143,
  Nays 0, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 684 was passed by the Senate, with
  amendments, on May 14, 2019, by the following vote:  Yeas 31, Nays
  0; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  684 on May 26, 2019, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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