HB350 - Relating to the use of glucagon medication on certain public and private school campuses.

  89R1628 AMF-D     By: Talarico H.B. No. 350       A BILL TO BE ENTITLED   AN ACT   relating to the use of glucagon medication on certain public and   private school campuses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 168.001, Health and Safety Code, is   amended by adding Subdivision (1-a) and amending Subdivisions (4)   and (5) to read as follows:                 (1-a)     "Glucagon medication" means any medication used   to treat hypoglycemia that contains glucagon.                (4)  "School , " unless the context clearly indicates   otherwise, means a school district [ public elementary or secondary   school. The term does not include an open-enrollment charter   school established under Subchapter D, Chapter 12, Education Code ].                (5)  "School employee , " unless the context clearly   indicates otherwise, means a person employed by:                      (A)  a school;                      (B)  a local health department that assists a   school under this chapter; or                      (C)  another entity with which a school has   contracted to perform its duties under this chapter.          SECTION 2.  Chapter 168, Health and Safety Code, is amended   by adding Sections 168.012 and 168.013 to read as follows:           Sec.   168.012.     MAINTENANCE AND ADMINISTRATION OF GLUCAGON   MEDICATION. (a) A school district, open-enrollment charter   school, or private school may adopt and implement a policy   regarding the maintenance, administration, and disposal of   glucagon medication at each campus in the district or school.           (b)  A policy adopted under Subsection (a):                 (1)     must provide that a school nurse or an unlicensed   diabetes care assistant may:                       (A)     administer glucagon medication to a student   who is reasonably believed to be experiencing hypoglycemia and for   whom:                             (i)     a diabetes management and treatment   plan has been submitted to the district or school; and                             (ii)     an individualized health plan, as   described by Section 168.003, has been developed for the student;   and                       (B)     carry glucagon medication prescribed in the   name of the district or school on the nurse's or assistant's person   to administer to a student described by Paragraph (A); and                 (2)     may not require a district or school to purchase   glucagon medication or require the district or school to make any   other expenditure related to the maintenance or administration of   glucagon medication that would result in a negative fiscal impact   on the district or school.           (c)     The supply of glucagon medication at a campus subject to   a policy adopted under Subsection (a) must be stored in a secure   location and be easily accessible to a school nurse and unlicensed   diabetes care assistant.           (d)     Notwithstanding any other provision of this chapter, if   an open-enrollment charter school or private school adopts a policy   under Subsection (a):                 (1)     the parent or guardian of a student with diabetes   who is enrolled in the school may submit a diabetes management and   treatment plan developed in accordance with Section 168.002 to the   school;                 (2)     the school may seek school employees who are not   health care professionals to serve as unlicensed diabetes care   assistants for purposes of administering glucagon medication under   the policy; and                 (3)     the following provisions of this chapter apply to   the school as if the school were a school district and to a school   employee of the school, including a school nurse or unlicensed   diabetes care assistant, as if the school employee were employed by   a school district:                       (A)  Section 168.002(c);                       (B)     Section 168.003 with respect to each student   who submits a diabetes management and treatment plan to the school;                       (C)  Sections 168.004(b) and (c);                       (D)  Section 168.005; and                       (E)  Section 168.009.           (e)     The executive commissioner, in consultation with the   commissioner of the Texas Education Agency, shall adopt rules   regarding the maintenance, administration, and disposal of   glucagon medication at a school campus in accordance with a policy   adopted under Subsection (a).           Sec.   168.013.     PRESCRIPTION OF GLUCAGON MEDICATION. (a) A   physician or person who has been delegated prescriptive authority   under Chapter 157, Occupations Code, may prescribe glucagon   medication in the name of a school district, open-enrollment   charter school, or private school that adopts a policy under   Section 168.012(a).           (b)     A physician or other person who prescribes glucagon   medication under Subsection (a) shall provide the school district,   open-enrollment charter school, or private school with a standing   order for the administration of glucagon medication to a student   described by Section 168.012(b)(1)(A).           (c)     The standing order under Subsection (b) is not required   to be patient-specific, and the glucagon medication 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)     A pharmacist may dispense glucagon medication to a   school district, open-enrollment charter school, or private school   that adopts a policy under Section 168.012(a) without requiring the   name or any other identifying information relating to the user.          SECTION 3.  This Act applies beginning with the 2025-2026   school year.          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. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.