2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.0151. Policies for Care of Certain Students at Risk for Anaphylaxis

Sec. 38.0151.   POLICIES FOR CARE OF CERTAIN STUDENTS AT RISK FOR ANAPHYLAXIS.  (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" 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.  The guidelines and any recommendation to update the guidelines regarding medical treatment or therapy must be scientifically valid.
(b)  A school district or open-enrollment charter school shall annually review and, as necessary, revise its policy for the care of students with a diagnosed food allergy at risk for anaphylaxis to ensure the policy is consistent with the most current version of the guidelines described by Subsection (a).
(c)  The guidelines described by Subsection (a) may not:
(1)  require a school district or open-enrollment charter school to purchase prescription anaphylaxis medication, such as epinephrine, or require any other expenditure that would result in a negative fiscal impact on the district or charter school; or
(2)  require the personnel of a district or charter school to administer anaphylaxis medication, such as epinephrine, to a student unless the anaphylaxis medication is prescribed for that student.
(d)  This section does not:
(1)  waive any liability or immunity of a governmental entity or its officers or employees; or
(2)  create any liability for or a cause of action against a governmental entity or its officers or employees.
(e)  The agency shall post the guidelines described by Subsection (a) 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.
(f)  A school district or open-enrollment charter school that provides for the maintenance, administration, and disposal of epinephrine auto-injectors under Subchapter E is not required to comply with this section.
(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.
Added by Acts 2011, 82nd Leg., R.S., Ch. 590 (S.B. 27), Sec. 1, eff. June 17, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 3, eff. May 28, 2015.
Acts 2019, 86th Leg., R.S., Ch. 975 (S.B. 869), Sec. 1, eff. June 14, 2019.