bill letting students carry their own seizure medicine

The text as introduced · 886 words

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.