TITLE: Relating to the use of epinephrine auto-injectors in primary and secondary schools.

SUMMARY: Relating to the use of epinephrine auto-injectors in primary and secondary schools.

FULL TEXT:
AN ACT relating to the use of epinephrine auto-injectors in primary and secondary schools. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 38.208(c), Education Code, is amended to read as follows: (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, 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). The rules must establish: (1) the number of epinephrine auto-injectors available at each campus; (2) the process for each school district, open-enrollment charter school, and private school to check the inventory of epinephrine auto-injectors at regular intervals for expiration and replacement; and (3) the amount of training required for school personnel and school volunteers to administer an epinephrine auto-injector. SECTION 2. Section 38.209, Education Code, is amended to read as follows: Sec. 38.209. REPORT ON ADMINISTERING EPINEPHRINE AUTO-INJECTOR. (a) Not later than the 10th business day after the date a school personnel member or school volunteer administers an epinephrine auto-injector in accordance with a policy adopted under Section 38.208(a), the school shall report the information required under Subsection (b) to: (1) the school district, the charter holder if the school is an open-enrollment charter school, or the governing body of the school if the school is a private school; (2) the physician or other person who prescribed the epinephrine auto-injector; and (3) [the commissioner of education; and [(4)] the commissioner of state health services. (b) The report required under this section must include the following information: (1) the age of the person who received the administration of the epinephrine auto-injector; (2) whether the person who received the administration of the epinephrine auto-injector was a student, a school personnel member or school volunteer, or a visitor; (3) the physical location where the epinephrine auto-injector was administered; (4) the number of doses of epinephrine auto-injector administered; (5) the title of the person who administered the epinephrine auto-injector; and (6) any other information required by the commissioner of state health services [education].SECTION 3. Section 38.214, Education Code, is amended to read as follows: Sec. 38.214. RULES. The [Except as otherwise provided by this subchapter, the commissioner of education and the] executive commissioner of the Health and Human Services Commission shall [jointly] adopt rules necessary to implement this subchapter. 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.