HB1807 - Relating to the self-administration of prescription anti-seizure medicine by a student at a public school.

  89R4823 AMF-D     By: Goodwin H.B. No. 1807       A BILL TO BE ENTITLED   AN ACT   relating to the self-administration of prescription anti-seizure   medicine by a student at a public school.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 38.015, Education Code,   is amended to read as follows:          Sec. 38.015.  SELF-ADMINISTRATION OF PRESCRIPTION ASTHMA ,   [ OR ] ANAPHYLAXIS , OR ANTI-SEIZURE MEDICINE BY STUDENTS.          SECTION 2.  Sections 38.015(a) and (b), Education Code, are   amended to read as follows:          (a)  In this section:                (1)  "Parent" includes a person standing in parental   relation.                (2)  "Self-administration of prescription asthma , [ or ]   anaphylaxis , or anti-seizure medicine" means a student's   discretionary use of prescription asthma , [ or ] anaphylaxis , or   anti-seizure medicine.          (b)  A student with asthma , [ or ] anaphylaxis , or a seizure   disorder is entitled to possess and self-administer prescription   asthma , [ or ] anaphylaxis , or anti-seizure medicine , as applicable,   while on school property or at a school-related event or activity   if:                (1)  the prescription medicine has been prescribed for   that student as indicated by the prescription label on the   medicine;                (2)  the student has demonstrated to the student's   physician or other licensed health care provider and the school   nurse, if available, the skill level necessary to self-administer   the prescription medication, including the use of any device   required to administer the medication;                (3)  the self-administration is done in compliance   with :                       (A)   the prescription or written instructions   from the student's physician or other licensed health care   provider ; or                       (B)     for a student with a seizure disorder, the   student's seizure management and treatment plan under Section   38.032 ; and                (4)  a parent of the student provides to the school:                      (A)  a written authorization, signed by the   parent, for the student to self-administer the prescription   medicine while on school property or at a school-related event or   activity; and                      (B)  a written statement from the student's   physician or other licensed health care provider, signed by the   physician or provider, that states:                            (i)  that the student has asthma , [ or ]   anaphylaxis , or a seizure disorder and is capable of   self-administering the prescription medicine;                            (ii)  the name and purpose of the medicine;                            (iii)  the prescribed dosage for the   medicine;                            (iv)  the times at which or circumstances   under which the medicine may be administered; and                            (v)  the period for which the medicine is   prescribed.          SECTION 3.  Section 38.032(b), Education Code, is amended to   read as follows:          (b)  The agency shall adopt and post on the agency's Internet   website a form to be used in submitting a seizure management and   treatment plan under this section. The form must request the   following information:                (1)  the student's name and date of birth;                (2)  the names and contact information of the student's   parent or guardian, the physician responsible for the student's   seizure treatment, and at least one other emergency contact;                (3)  any medical history significant to the student's   seizure disorder;                (4)  the type, length, and frequency of the student's   seizures;                (5)  a description of each type of seizure the student   has experienced;                (6)  the student's seizure triggers or warning signs;                (7)  the student's ability to manage seizures and the   student's level of understanding of the seizures;                (8)   instructions for the student's   self-administration of prescription anti-seizure medication, if   applicable;                 (9)   the student's response after a seizure;                 (10)  [ (9) ]  the basic first aid to be provided to the   student during a seizure, including whether the student needs to   leave the classroom after a seizure and the process for the   student's return to the classroom, if applicable;                 (11)  [ (10) ]  a description of what constitutes a   seizure emergency for the student;                 (12)  [ (11) ]  a description of seizure emergency   protocol for district personnel to follow in the event of a seizure   emergency for the student;                 (13)  [ (12) ]  a treatment protocol for any medications   or other procedures to be administered by district personnel to the   student during school hours, including:                      (A)  each daily or emergency medication,   including:                            (i)  the name and dosage of the medication   and the time at which the medication is to be given;                            (ii)  common side effects for the   medication; and                            (iii)  any special instructions regarding   the medication; and                      (B)  whether the student has a vagus nerve   stimulator and, if so, appropriate magnet use for the stimulator;                 (14)  [ (13) ]  any special considerations or precautions   applicable to the student; and                 (15)  [ (14) ]  the signatures of the student's parent or   guardian and the physician responsible for the student's seizure   treatment.          SECTION 4.  As soon as practicable after the effective date   of this Act but not later than December 1, 2025, the Texas Education   Agency shall update the form for submitting a seizure management   and treatment plan as necessary to conform to Section 38.032(b),   Education Code, as amended by this Act, and post the form on the   agency's Internet website.          SECTION 5.  This Act applies beginning with the 2025-2026   school year.          SECTION 6.  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.