Bill Text: TX SB66 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the use of epinephrine auto-injectors on public school and open-enrollment charter school campuses and at or in transit to or from off-campus school events.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2015-05-28 - Effective immediately [SB66 Detail]
Download: Texas-2015-SB66-Enrolled.html
| S.B. No. 66 | ||
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| relating to the use of epinephrine auto-injectors on public school | ||
| and open-enrollment charter school campuses and at or in transit to | ||
| or from off-campus school events. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. This Act shall be known as the Cameron Espinosa | ||
| Act. | ||
| SECTION 2. Chapter 38, Education Code, is amended by adding | ||
| Subchapter E to read as follows: | ||
| SUBCHAPTER E. MAINTENANCE, ADMINISTRATION, AND DISPOSAL OF | ||
| EPINEPHRINE AUTO-INJECTORS | ||
| Sec. 38.201. DEFINITIONS. In this subchapter: | ||
| (1) "Advisory committee" means the committee | ||
| established under Section 38.202. | ||
| (2) "Anaphylaxis" means a sudden, severe, and | ||
| potentially life-threatening allergic reaction that occurs when a | ||
| person is exposed to an allergen. | ||
| (3) "Epinephrine auto-injector" means a disposable | ||
| medical drug delivery device that contains a premeasured single | ||
| dose of epinephrine that is intended to be used to treat | ||
| anaphylaxis. | ||
| (4) "Physician" means a person who holds a license to | ||
| practice medicine in this state. | ||
| (5) "School personnel" means an employee of a school | ||
| district or open-enrollment charter school. The term includes a | ||
| member of the board of trustees of a school district or the | ||
| governing body of an open-enrollment charter school. | ||
| Sec. 38.202. ADVISORY COMMITTEE: ESTABLISHMENT AND | ||
| COMPOSITION. (a) The commissioner of state health services shall | ||
| establish an advisory committee to examine and review the | ||
| administration of epinephrine auto-injectors to a person | ||
| experiencing an anaphylactic reaction on a campus of a school | ||
| district or an open-enrollment charter school. | ||
| (b) The advisory committee shall be composed of members | ||
| appointed by the commissioner of state health services. In making | ||
| appointments, the commissioner shall ensure that: | ||
| (1) a majority of the members are physicians with | ||
| expertise in treating anaphylaxis, including physicians who | ||
| specialize in the fields of pediatrics, allergies, asthma, and | ||
| immunology; and | ||
| (2) at least one member is a registered nurse employed | ||
| by a school district or open-enrollment charter school as a school | ||
| nurse. | ||
| (c) A member of the advisory committee serves at the | ||
| pleasure of the commissioner of state health services. | ||
| (d) A vacancy on the advisory committee is filled by the | ||
| commissioner of state health services in the same manner as other | ||
| appointments to the advisory committee. | ||
| Sec. 38.203. ADVISORY COMMITTEE: PRESIDING OFFICER. The | ||
| advisory committee shall elect a presiding officer. | ||
| Sec. 38.204. ADVISORY COMMITTEE: COMPENSATION AND | ||
| EXPENSES. Members of the advisory committee serve without | ||
| compensation but are entitled to reimbursement for travel expenses. | ||
| Sec. 38.205. ADVISORY COMMITTEE: APPLICABILITY OF OTHER | ||
| LAW. Chapter 2110, Government Code, does not apply to the advisory | ||
| committee. | ||
| Sec. 38.206. ADVISORY COMMITTEE: OPEN MEETINGS. Meetings | ||
| of the advisory committee are subject to Chapter 551, Government | ||
| Code. | ||
| Sec. 38.207. ADVISORY COMMITTEE: DUTIES. The advisory | ||
| committee shall advise the commissioner of state health services | ||
| on: | ||
| (1) the storage and maintenance of epinephrine | ||
| auto-injectors on school campuses; | ||
| (2) the training of school personnel and school | ||
| volunteers in the administration of an epinephrine auto-injector; | ||
| and | ||
| (3) a plan for one or more school personnel members or | ||
| school volunteers trained in the administration of an epinephrine | ||
| auto-injector to be on each school campus. | ||
| Sec. 38.208. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE | ||
| AUTO-INJECTORS. (a) Each school district and open-enrollment | ||
| charter school may adopt and implement a policy regarding the | ||
| maintenance, administration, and disposal of epinephrine | ||
| auto-injectors at each campus in the district or school. | ||
| (b) If a policy is adopted under Subsection (a), the policy: | ||
| (1) must provide that school personnel and school | ||
| volunteers who are authorized and trained may administer an | ||
| epinephrine auto-injector to a person who is reasonably believed to | ||
| be experiencing anaphylaxis on a school campus; and | ||
| (2) may provide that school personnel and school | ||
| volunteers who are authorized and trained may administer an | ||
| epinephrine auto-injector to a person who is reasonably believed to | ||
| be experiencing anaphylaxis at an off-campus school event or while | ||
| in transit to or from a school event. | ||
| (c) The commissioner of state health services, 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 and | ||
| open-enrollment charter 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. | ||
| (d) Each school district and open-enrollment charter school | ||
| that adopts a policy under Subsection (a) must require that each | ||
| campus have one or more school personnel members or school | ||
| volunteers authorized and trained to administer an epinephrine | ||
| auto-injector present during all hours the campus is open. | ||
| (e) The supply of epinephrine auto-injectors at each campus | ||
| must be stored in a secure location and be easily accessible to | ||
| school personnel and school volunteers authorized and trained to | ||
| administer an epinephrine auto-injector. | ||
| 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 or the charter holder if the | ||
| school is an open-enrollment charter school; | ||
| (2) the physician or other person who prescribed the | ||
| epinephrine auto-injector; | ||
| (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 education. | ||
| Sec. 38.210. TRAINING. (a) Each school district and | ||
| open-enrollment charter school that adopts a policy under Section | ||
| 38.208(a) is responsible for training school personnel and school | ||
| volunteers in the administration of an epinephrine auto-injector. | ||
| (b) Training required under this section must: | ||
| (1) include information on: | ||
| (A) recognizing the signs and symptoms of | ||
| anaphylaxis; | ||
| (B) administering an epinephrine auto-injector; | ||
| (C) implementing emergency procedures, if | ||
| necessary, after administering an epinephrine auto-injector; and | ||
| (D) properly disposing of used or expired | ||
| epinephrine auto-injectors; and | ||
| (2) be provided in a formal training session or | ||
| through online education and be completed annually. | ||
| (c) Each school district and open-enrollment charter school | ||
| shall maintain records on the training required under this section. | ||
| Sec. 38.211. PRESCRIPTION OF EPINEPHRINE AUTO-INJECTORS. | ||
| (a) A physician or person who has been delegated prescriptive | ||
| authority under Chapter 157, Occupations Code, may prescribe | ||
| epinephrine auto-injectors in the name of a school district or | ||
| open-enrollment charter school. | ||
| (b) A physician or other person who prescribes epinephrine | ||
| auto-injectors under Subsection (a) shall provide the school | ||
| district or open-enrollment charter school with a standing order | ||
| for the administration of an epinephrine auto-injector to a person | ||
| reasonably believed to be experiencing anaphylaxis. | ||
| (c) The standing order under Subsection (b) is not required | ||
| to be patient-specific, and the epinephrine auto-injector may be | ||
| administered to a person without a previously established | ||
| physician-patient relationship. | ||
| (d) Notwithstanding any other provisions of law, | ||
| supervision or delegation by a physician is considered adequate if | ||
| the physician: | ||
| (1) periodically reviews the order; and | ||
| (2) is available through direct telecommunication as | ||
| needed for consultation, assistance, and direction. | ||
| (e) An order issued under this section must contain: | ||
| (1) the name and signature of the prescribing | ||
| physician or other person; | ||
| (2) the name of the school district or open-enrollment | ||
| charter school to which the order is issued; | ||
| (3) the quantity of epinephrine auto-injectors to be | ||
| obtained and maintained under the order; and | ||
| (4) the date of issue. | ||
| (f) A pharmacist may dispense an epinephrine auto-injector | ||
| to a school district or open-enrollment charter school without | ||
| requiring the name or any other identifying information relating to | ||
| the user. | ||
| Sec. 38.212. NOTICE TO PARENTS. If a school district or | ||
| open-enrollment charter school implements a policy under this | ||
| subchapter for the maintenance, administration, and disposal of | ||
| epinephrine auto-injectors, the district or school shall provide | ||
| written notice to a parent or guardian of each student enrolled in | ||
| the district or school. Notice required under this section must be | ||
| provided before the policy is implemented by the district or school | ||
| and before the start of each school year. | ||
| Sec. 38.213. GIFTS, GRANTS, AND DONATIONS. A school | ||
| district or open-enrollment charter school may accept gifts, | ||
| grants, donations, and federal and local funds to implement this | ||
| subchapter. | ||
| Sec. 38.214. RULES. Except as otherwise provided by this | ||
| subchapter, the commissioner of education and the commissioner of | ||
| state health services shall jointly adopt rules necessary to | ||
| implement this subchapter. | ||
| Sec. 38.215. IMMUNITY FROM LIABILITY. (a) A person who in | ||
| good faith takes, or fails to take, any action under this subchapter | ||
| is immune from civil or criminal liability or disciplinary action | ||
| resulting from that action or failure to act, including: | ||
| (1) issuing an order for epinephrine auto-injectors; | ||
| (2) supervising or delegating the administration of an | ||
| epinephrine auto-injector; | ||
| (3) possessing, maintaining, storing, or disposing of | ||
| an epinephrine auto-injector; | ||
| (4) prescribing an epinephrine auto-injector; | ||
| (5) dispensing an epinephrine auto-injector; | ||
| (6) administering, or assisting in administering, an | ||
| epinephrine auto-injector; | ||
| (7) providing, or assisting in providing, training, | ||
| consultation, or advice in the development, adoption, or | ||
| implementation of policies, guidelines, rules, or plans; or | ||
| (8) undertaking any other act permitted or required | ||
| under this subchapter. | ||
| (b) The immunities and protections provided by this | ||
| subchapter are in addition to other immunities or limitations of | ||
| liability provided by law. | ||
| (c) Notwithstanding any other law, this subchapter does not | ||
| create a civil, criminal, or administrative cause of action or | ||
| liability or create a standard of care, obligation, or duty that | ||
| provides a basis for a cause of action for an act or omission under | ||
| this subchapter. | ||
| (d) A cause of action does not arise from an act or omission | ||
| described by this section. | ||
| (e) A school district or open-enrollment charter school and | ||
| school personnel and school volunteers are immune from suit | ||
| resulting from an act, or failure to act, under this subchapter, | ||
| including an act or failure to act under related policies and | ||
| procedures. | ||
| (f) An act or failure to act by school personnel or a school | ||
| volunteer under this subchapter, including an act or failure to act | ||
| under related policies and procedures, is the exercise of judgment | ||
| or discretion on the part of the school personnel or school | ||
| volunteer and is not considered to be a ministerial act for purposes | ||
| of liability of the school district or open-enrollment charter | ||
| school. | ||
| SECTION 3. Section 38.0151, Education Code, is amended by | ||
| adding Subsection (f) to read as follows: | ||
| (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. | ||
| SECTION 4. This Act applies beginning with the 2015-2016 | ||
| 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, 2015. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 66 passed the Senate on | ||
| April 15, 2015, by the following vote: Yeas 24, Nays 7; and that | ||
| the Senate concurred in House amendment on May 19, 2015, by the | ||
| following vote: Yeas 24, Nays 7. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 66 passed the House, with | ||
| amendment, on May 13, 2015, by the following vote: Yeas 143, | ||
| Nays 0, two present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
