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A BILL TO BE ENTITLED
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AN ACT
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relating to immunity from liability for public and open-enrollment |
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charter school campuses that maintain a supply of epinephrine |
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auto-injectors for emergency use. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 38.0151, Education Code, |
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is amended to read as follows: |
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Sec. 38.0151. POLICIES FOR CARE OF CERTAIN STUDENTS AT RISK |
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FOR ANAPHYLAXIS; MAINTENANCE OF EPINEPHRINE AUTO-INJECTOR SUPPLY. |
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SECTION 2. Section 38.0151, Education Code, is amended by |
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adding Subsections (b-1), (b-2), and (d-1) and amending Subsection |
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(d) to read as follows: |
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(b-1) Each school district and open-enrollment charter |
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school may maintain at each campus a supply of epinephrine |
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auto-injectors that may be administered to a person on campus or at |
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an off-campus school-sanctioned event experiencing an anaphylactic |
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reaction. For epinephrine auto-injectors to satisfy this |
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subsection, the auto-injectors may not have expiration dates that |
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have passed. |
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(b-2) The administration of an epinephrine auto-injector in |
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accordance with the requirements of this section does not |
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constitute the unlawful practice of any health care profession. |
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(d) This section does not: |
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(1) waive any [liability or] immunity from liability |
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of a governmental entity or its officers or employees; [or] |
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(2) create any liability for or a cause of action |
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against a governmental entity or its officers or employees; |
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(3) waive any immunity from liability under Section |
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74.151, Civil Practice and Remedies Code, including immunity from |
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liability to which a school district, open-enrollment charter |
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school, or district or school employee is entitled under that |
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section for an act associated with the administration of an |
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epinephrine auto-injector to a person on campus or at an off-campus |
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school-sanctioned event experiencing an anaphylactic reaction; or |
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(4) create any liability or standard of care for or a |
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cause of action against a governmental entity or its officers or |
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employees who in good faith administer or fail to administer an |
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epinephrine auto-injector unless the act is wilfully or wantonly |
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negligent. |
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(d-1) A person who in good faith prescribes, dispenses, or |
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administers a non-patient specific epinephrine auto-injector or |
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provides training, advice, or supervision on the use of an |
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epinephrine auto-injector is immune from liability in a criminal, |
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civil, disciplinary, or administrative action, including immunity |
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from liability for civil damages, resulting from that action or |
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failure to act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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* * * * * |