bill making schools stock respiratory distress medication

The text as introduced · 656 words

89R3963 RAL-F

By: Lalani
H.B. No. 856

A BILL TO BE ENTITLED

AN ACT

relating to a policy regarding the maintenance, administration, and

disposal of medication for respiratory distress by public and

private schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 38.208(a-1), (b-1), (c), and (d-1),

Education Code, are amended to read as follows:

(a-1) Each school district, open-enrollment charter school,

and private school shall [ may ] adopt and implement a policy

regarding the maintenance, administration, and disposal of

medication for respiratory distress at each campus in the district

or school.

(b-1) A [ If a ] policy [ is ] adopted under Subsection (a-1)[ ,

the policy ] must :

(1) require the school district, open-enrollment

charter school, or private school to maintain and make available at

each school campus a supply of medication for respiratory distress;

and

(2) provide that school personnel and school

volunteers who are authorized and trained may administer medication

for respiratory distress to a person reasonably believed to be

experiencing respiratory distress on a school campus, or at a

school-sponsored or school-related activity on or off school

property.

(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 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 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 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 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-1) A [ Each school district, open-enrollment charter

school, and private school that adopts a ] policy adopted under

Subsection (a-1) must require that each school campus have one or

more school personnel or school volunteers authorized and trained

to administer medication for respiratory distress present during

regular school hours.

SECTION 2. Section 38.210(a-1), Education Code, is amended

to read as follows:

(a-1) Each school district, open-enrollment charter school,

and private school [ that adopts a policy under Section 38.208(a-1) ]

is responsible for training school personnel and school volunteers

in the administration of medication for respiratory distress. The

training must include information on:

(1) recognizing the signs and symptoms of respiratory

distress;

(2) administering medication for respiratory

distress;

(3) implementing emergency procedures, if necessary,

after administering medication for respiratory distress; and

(4) proper sanitization, reuse, and disposal of

medication for respiratory distress.

SECTION 3. Section 38.212(a), Education Code, is amended to

read as follows:

(a) A [ If a ] school district, open-enrollment charter

school, or private school [ implements a policy under this

subchapter, the district or school ] shall provide [ written notice

of the policy ] to a parent or guardian of each student enrolled in

the district or school written notice of each policy implemented by

the district or school under this subchapter .

SECTION 4. Section 38.208(f), Education Code, is repealed.

SECTION 5. 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.