Bill Text: TX HB684 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 15-8)
Status: (Passed) 2019-06-14 - Effective immediately [HB684 Detail]
Download: Texas-2019-HB684-Comm_Sub.html
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 15-8)
Status: (Passed) 2019-06-14 - Effective immediately [HB684 Detail]
Download: Texas-2019-HB684-Comm_Sub.html
By: Clardy, et al. (Senate Sponsor - Hughes) | H.B. No. 684 | |
(In the Senate - Received from the House April 16, 2019; | ||
April 17, 2019, read first time and referred to Committee on | ||
Education; May 8, 2019, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 11, Nays 0; | ||
May 8, 2019, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 684 | By: Hughes |
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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, 38.033, and 38.034 to read as | ||
follows: | ||
Sec. 38.032. SEIZURE MANAGEMENT AND TREATMENT PLAN. (a) | ||
The parent or guardian of a student with a seizure disorder who | ||
seeks care for the student's seizures while the student is at school | ||
or participating in a school activity must submit 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. | ||
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). | ||
(d) The agency shall adopt rules as necessary to administer | ||
this section. | ||
Sec. 38.034. UNLICENSED SEIZURE CARE ASSISTANT. (a) At | ||
each school district campus at which a student with a seizure | ||
disorder is enrolled, the principal shall: | ||
(1) seek school employees who are not health care | ||
professionals to serve as unlicensed seizure care assistants and | ||
care for students with seizure disorders; and | ||
(2) make efforts to ensure that the campus has: | ||
(A) at least one unlicensed seizure care | ||
assistant if a full-time nurse is assigned to the campus; and | ||
(B) at least three unlicensed seizure care | ||
assistants if a full-time nurse is not assigned to the campus. | ||
(b) An unlicensed seizure care assistant shall serve under | ||
the supervision of the principal. | ||
(c) A school employee may not be subject to any penalty or | ||
disciplinary action for refusing to serve as an unlicensed seizure | ||
care assistant. | ||
(d) The care of a student with a seizure disorder by a school | ||
employee who is serving as an unlicensed seizure care assistant 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. | ||
(e) A school nurse is not responsible for and may not be | ||
subject to disciplinary action under Chapter 301, Occupations Code, | ||
for actions performed by an unlicensed seizure care assistant. | ||
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. | ||
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