Bill Text: TX HB286 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the care of elementary and secondary school students with food or other life-threatening allergies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-15 - Referred to Public Education [HB286 Detail]
Download: Texas-2011-HB286-Introduced.html
| 82R676 TJB-F | ||
| By: Lucio III | H.B. No. 286 | |
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| relating to the care of elementary and secondary school students | ||
| with food or other life-threatening allergies. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle H, Title 2, Health and Safety Code, is | ||
| amended by adding Chapter 172 to read as follows: | ||
| CHAPTER 172. CARE OF STUDENTS WITH FOOD OR OTHER LIFE-THREATENING | ||
| ALLERGIES | ||
| Sec. 172.001. DEFINITIONS. In this chapter: | ||
| (1) "Allergy" means a dangerous or life-threatening | ||
| reaction of the human body to an allergen introduced by inhalation, | ||
| ingestion, injection, or skin contact. | ||
| (2) "School" means a public elementary or secondary | ||
| school. The term includes an open-enrollment charter school | ||
| established under Subchapter D, Chapter 12, Education Code. | ||
| (3) "School employee" means a person employed by: | ||
| (A) a school; | ||
| (B) a local health department that assists a | ||
| school under this chapter; or | ||
| (C) any other entity that assists a school under | ||
| this chapter, including an entity that provides transportation for | ||
| students. | ||
| Sec. 172.002. ALLERGY AND ANAPHYLAXIS MANAGEMENT IN | ||
| SCHOOLS. (a) Each school district or charter school in this state | ||
| shall develop an allergy and anaphylaxis management plan that | ||
| includes the following: | ||
| (1) a communication plan regarding dissemination of | ||
| information regarding a student's allergy when a student with a | ||
| life-threatening allergy is admitted to a school; | ||
| (2) strategies for reducing a student's exposure to | ||
| anaphylactic causative agents, including food and other | ||
| life-threatening allergens; and | ||
| (3) a procedure and treatment plan for responding to | ||
| anaphylaxis that includes the responsibilities of a school nurse | ||
| and the responsibilities of school employees who serve as first | ||
| responders in an anaphylactic emergency, recognizing that | ||
| anaphylaxis may occur in a student who has never experienced an | ||
| allergic reaction. | ||
| (b) In developing the plan under Subsection (a), a school | ||
| district or charter school shall consult The Texas Guide to School | ||
| Health Programs published by the Department of State Health | ||
| Services and may reference best practice guidelines from the | ||
| following organizations: | ||
| (1) the American Medical Association; | ||
| (2) the American Academy of Allergy, Asthma, and | ||
| Immunology; | ||
| (3) the American Academy of Pediatrics; | ||
| (4) the National Association of School Nurses; and | ||
| (5) the Food Allergy and Anaphylaxis Network. | ||
| Sec. 172.003. TRAINING COURSE. (a) In addition to the | ||
| allergy and anaphylaxis management plan required by Section | ||
| 172.002, each school district and charter school shall provide | ||
| annual training for each school employee that includes: | ||
| (1) recognizing the signs and symptoms of allergic | ||
| reaction; | ||
| (2) administering lifesaving medication with a | ||
| cartridge injector; and | ||
| (3) emergency procedures after injecting medication. | ||
| (b) The training must be conducted by a person knowledgeable | ||
| in the subjects required to be included in the training under | ||
| Subsection (a), such as a school nurse, principal, or a | ||
| representative from an organization listed in Section 172.002(b). | ||
| (c) If a school district or charter school is unable to | ||
| provide the training required by this section without cost to the | ||
| district or school, the district or school may provide to each | ||
| school employee training materials that fully explain the subjects | ||
| required to be included in the training under Subsection (a), such | ||
| as The Texas Guide to School Health Programs published by the | ||
| Department of State Health Services. | ||
| Sec. 172.004. IMMUNITY FROM DISCIPLINARY ACTION OR | ||
| LIABILITY. A school employee may not be subject to any disciplinary | ||
| proceeding, as defined by Section 22.0512(b), Education Code, | ||
| resulting from an action taken in compliance with this chapter. The | ||
| requirements of this chapter are considered to involve the | ||
| employee's judgment and discretion and are not considered | ||
| ministerial acts for purposes of immunity from liability under | ||
| Section 22.0511, Education Code. Nothing in this chapter shall be | ||
| considered to limit the immunity from liability afforded under | ||
| Section 22.0511, Education Code. | ||
| SECTION 2. Chapter 172, Health and Safety Code, as added by | ||
| this Act, applies beginning with the 2011-2012 school year. | ||
| SECTION 3. 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, 2011. | ||
