HB2801 - Relating to the definition of an epinephrine delivery device and the use of those devices in public and private schools.

  89R10397 RAL-D     By: Simmons H.B. No. 2801       A BILL TO BE ENTITLED   AN ACT   relating to the definition of an epinephrine delivery device and   the use of those devices in public and private schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 38.0151(f), Education Code, is amended   to read as follows:          (f)  A school district or open-enrollment charter school   that provides for the maintenance, administration, and disposal of   epinephrine delivery devices [ auto-injectors ] under Subchapter E   is not required to comply with this section.          SECTION 2.  The heading to Subchapter E, Chapter 38,   Education Code, is amended to read as follows:   SUBCHAPTER E. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE   DELIVERY DEVICES [ AUTO-INJECTORS ] AND MEDICATION FOR RESPIRATORY   DISTRESS          SECTION 3.  Section 38.201, Education Code, is amended by   amending Subdivision (3-a) and adding Subdivision (3-b) to read as   follows:                (3-a)   "Epinephrine delivery device" means a medical   delivery device approved by the United States Food and Drug   Administration that delivers a dose of epinephrine intended for use   to treat anaphylaxis, including:                       (A)  an epinephrine auto-injector; and                       (B)  an epinephrine nasal spray.                 (3-b)   "Medication for respiratory distress" means   albuterol, levalbuterol, or another medication designated by the   executive commissioner of the Health and Human Services Commission   for treatment of respiratory distress under Section 38.208(c).          SECTION 4.  Section 38.202(a), Education Code, is amended to   read as follows:          (a)  The commissioner of state health services shall   establish an advisory committee to examine and review the   administration, on a campus of a school district, an   open-enrollment charter school, a private school, or an institution   of higher education, of:                (1)  epinephrine delivery devices [ auto-injectors ] to   a person experiencing an anaphylactic reaction; and                (2)  medication for respiratory distress to a person   experiencing respiratory distress.          SECTION 5.  Section 38.207, Education Code, is amended to   read as follows:          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   delivery devices [ auto-injectors ] and medication for respiratory   distress on school campuses and campuses of institutions of higher   education;                (2)  the training of school personnel and school   volunteers, and of personnel and volunteers at institutions of   higher education, in the administration of an epinephrine delivery   device [ auto-injector ];                (3)  the training of school personnel and school   volunteers, and of personnel and volunteers at institutions of   higher education, in the administration of a medication for   respiratory distress; and                (4)  a plan for:                      (A)  one or more school personnel members or   school volunteers trained in the administration of an epinephrine   delivery device [ auto-injector ] to be on each school campus;                      (B)  one or more school personnel members or   school volunteers trained in the administration of medication for   respiratory distress to be on each school campus;                      (C)  one or more personnel members or volunteers   of an institution of higher education trained in the administration   of an epinephrine delivery device [ auto-injector ] to be on each   campus of an institution of higher education; and                      (D)  one or more personnel members or volunteers   of an institution of higher education trained in the administration   of medication for respiratory distress to be on each campus of an   institution of higher education.          SECTION 6.  The heading to Section 38.208, Education Code,   is amended to read as follows:          Sec. 38.208.  MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE   DELIVERY DEVICES [ AUTO-INJECTORS ] AND MEDICATION FOR RESPIRATORY   DISTRESS.          SECTION 7.  Sections 38.208(a), (b), (c), (d), (d-2), and   (e), Education Code, are amended to read as follows:          (a)  Each school district, open-enrollment charter school,   and private school may adopt and implement a policy regarding the   maintenance, administration, and disposal of epinephrine delivery   devices [ 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 delivery device [ 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 delivery device [ 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 executive commissioner of the Health and Human   Services Commission, in consultation with the commissioner of   education, and with advice from the advisory committee as   appropriate, shall adopt rules regarding the maintenance,   administration, and disposal of an epinephrine delivery device   [ auto-injector ] at a school campus subject to a policy adopted   under Subsection (a) and the maintenance, administration, and   disposal of medication for respiratory distress at a school campus   subject to a policy adopted under Subsection (a-1). The rules must   establish:                (1)  the number of epinephrine delivery devices   [ auto-injectors ] available at each campus;                (2)  the amount of medication for respiratory distress   available at each campus;                (3)  the process for each school district,   open-enrollment charter school, and private school to check the   inventory of epinephrine delivery devices [ auto-injectors ] and   medication for respiratory distress at regular intervals for   expiration and replacement;                (4)  the amount of training required for school   personnel and school volunteers to administer:                      (A)  an epinephrine delivery device   [ auto-injector ]; or                      (B)  medication for respiratory distress; and                (5)  the types of medication that may be administered   under Subsection (b-1) to persons experiencing respiratory   distress, based on a review of the best available medical evidence.          (d)  Each school district, open-enrollment charter school,   and private 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 delivery device [ auto-injector ] present during all   hours the campus is open.          (d-2)  A school personnel member or school volunteer may not   be subject to any penalty or disciplinary action for refusing to   administer or receive training to administer epinephrine delivery   devices [ auto-injectors ] or medication for respiratory distress,   as applicable, in accordance with a policy adopted under Subsection   (a) or (a-1).          (e)  The supply of epinephrine delivery devices   [ 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 delivery device   [ auto-injector ].          SECTION 8.  Section 38.209, Education Code, is amended to   read as follows:          Sec. 38.209.  REPORT ON ADMINISTERING EPINEPHRINE DELIVERY   DEVICE [ AUTO-INJECTOR ]. (a) Not later than the 10th business day   after the date a school personnel member or school volunteer   administers an epinephrine delivery device [ 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, the charter holder if the   school is an open-enrollment charter school, or the governing body   of the school if the school is a private school;                (2)  the physician or other person who prescribed the   epinephrine delivery device [ auto-injector ]; and                (3)  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 delivery device [ auto-injector ];                (2)  whether the person who received the administration   of the epinephrine delivery device [ auto-injector ] was a student, a   school personnel member or school volunteer, or a visitor;                (3)  the physical location where the epinephrine   delivery device [ auto-injector ] was administered;                (4)  the number of doses of epinephrine [ auto-injector ]   administered;                (5)  the title of the person who administered the   epinephrine delivery device [ auto-injector ]; and                (6)  any other information required by the commissioner   of education.          SECTION 9.  Section 38.210(a), Education Code, is amended to   read as follows:          (a)  Each school district, open-enrollment charter school,   and private 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 delivery device   [ auto-injector ]. The training must include information on:                (1)  recognizing the signs and symptoms of anaphylaxis;                (2)  administering an epinephrine delivery device   [ auto-injector ];   &#xA0 [Text truncated for display. Full text available on Congress.gov.]