bill letting schools keep glucagon on campus

The text as introduced · 863 words

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.