By: Hinojosa	S.B. No. 66

	A BILL TO BE ENTITLED
	AN ACT
	relating to the use of epinephrine auto-injectors on public and
	open-enrollment charter school campuses and at off-campus
	school-sanctioned events.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter A, Chapter 38, Education Code, is
	amended by adding Section 38.0152 to read as follows:
	Sec. 38.0152.  MAINTENANCE OF SUPPLY OF EPINEPHRINE
	AUTO-INJECTORS; PRESCRIBING; TRAINING; AND ADMINISTRATION.
	(a)  In this section:
	(1)  "Anaphylaxis" means a sudden, severe, and
	potentially life-threatening allergic reaction that occurs when an
	individual is exposed to an allergen.
	(2)  "Epinephrine auto-injector" means a portable,
	disposable drug delivery device that contains a premeasured single
	dose of epinephrine that is intended to be used to treat
	anaphylaxis.
	(3)  "Open-enrollment charter school" means a school
	established under Subchapter D, Chapter 12, of this code.
	(4)  "Physician" means an individual licensed to
	practice medicine in this state.
	(5)  "Type of individual" means a student at, staff of,
	or visitor to a campus or an off-campus school-sanctioned event who
	receives administration of an epinephrine auto-injector under this
	section.
	(b)  Each school district and open-enrollment charter school
	shall adopt and implement a policy consistent with the requirements
	of this section for the possession, administration, and disposal of
	epinephrine auto-injectors at every campus within the school
	district or open-enrollment charter school so that the epinephrine
	auto-injector may be administered by a school employee who is
	authorized and trained in the administration of an epinephrine
	auto-injector to an individual on the campus or at an off-campus
	school-sanctioned event who is reasonably believed to be
	experiencing anaphylaxis.
	(c)(1)  The commissioner of state health services shall
	establish within the Department of State Health Services an
	advisory committee on the use of epinephrine auto-injectors on
	undesignated individuals on the campus of a school district or an
	open-enrollment charter school, or at an off-campus
	school-sanctioned event.
	(2)  The commissioner of state health services shall
	appoint the members of the advisory committee.
	(3)  The advisory committee shall advise the
	commissioner of state health services on:
	(A)  the storage of epinephrine auto-injectors on
	school campuses as provided in Subsection (d)(1);
	(B)  the maintenance of epinephrine
	auto-injectors while in transit to or from an off-campus
	school-sanctioned event as provided in Subsection (d)(1);
	(C)  the training of school employees as provided
	in Subsection (d)(2); and
	(D)  a plan at each campus for having one or more
	trained employees as provided in Subsection (d)(3).
	(4)  The advisory committee shall include physicians
	with expertise in treating anaphylaxis, including physicians who
	specialize in the fields of pediatrics, allergy, asthma, and
	immunology.
	(5)  The advisory committee shall elect a presiding
	officer.
	(6)  Members of the advisory committee serve without
	compensation but are entitled to reimbursement for the members'
	travel expenses as provided by Chapter 660, Government Code, and
	the General Appropriations Act.
	(7)  An advisory committee member serves at the
	pleasure of the commissioner of state health services.
	(8)  A vacancy on the advisory committee shall be
	filled by the commissioner of state health services in the same
	manner as other appointments to the advisory committee.
	(9)  Chapter 2110, Government Code, does not apply to
	the advisory committee formed under this subsection.
	(10)  Meetings of the advisory committee are subject to
	Chapter 551, Government Code.
	(d)  In consultation with the commissioner, and after
	consideration of advice from the advisory committee described in
	Subsection (c), the commissioner of state health services shall
	adopt rules for school districts and open-enrollment charter
	schools to use in the development of the policy described in
	Subsection (b). The rules must establish:
	(1)  the quantity of epinephrine auto-injectors to be
	stored at each campus or maintained while in transit to or from an
	off-campus school-sanctioned event and a requirement that stock
	inventory be checked at regular intervals for expiration and
	replacement;
	(2)  the level of training required for school
	employees in the administration of an epinephrine auto-injector to
	an individual who is reasonably believed to be experiencing
	anaphylaxis; and
	(3)  a requirement at each campus for having present,
	during all operating hours, one or more trained school employees
	described in Subsection (f).
	(e)  Training described in Subsection (d)(2) must:
	(1)  include information regarding how to:
	(A)  recognize the signs and symptoms of
	anaphylaxis;
	(B)  administer an epinephrine auto-injector;
	(C)  implement emergency procedures, if
	necessary, after administering an epinephrine auto-injector; and
	(D)  properly dispose of used or expired
	epinephrine auto-injectors;
	(2)  be obtained in formal training sessions or through
	online education; and
	(3)  be completed annually.
	(f)  Each school district and open-enrollment charter school
	shall be responsible for ensuring that school employees identified
	by the district or the open-enrollment charter school on each
	campus, or at an off-campus school-sanctioned event, are trained as
	described in Subsection (e) to administer an epinephrine
	auto-injector to an individual on the campus or at an off-campus
	school-sanctioned event who is reasonably believed to be
	experiencing anaphylaxis. Each school district and
	open-enrollment charter school shall maintain records on the
	training of such employees.
	(g)  Each school district and open-enrollment charter school
	shall maintain at each campus in the district or of the
	open-enrollment charter school a supply of epinephrine
	auto-injectors that may be administered by a school employee who is
	trained as described in Subsection (e) to an individual on a campus
	in the district or of the open-enrollment charter school, or at an
	off-campus school-sanctioned event, who is reasonably believed to
	be experiencing anaphylaxis. The school district or
	open-enrollment charter school, as appropriate, shall be
	responsible for checking stock inventory of such epinephrine
	auto-injectors at regular intervals for expiration and
	replacement. In determining the number of epinephrine
	auto-injectors to be kept for such purpose on a campus, the school
	district or the open-enrollment charter school shall follow the
	rules described in Subsection (d).
	(h)  The supply of epinephrine auto-injectors at each campus
	shall be stored in a secure location or maintained securely while in
	transit to or from an off-campus school-sanctioned event, and must
	be easily accessible to trained school employees.
	(i)(1)  A physician may prescribe epinephrine auto-injectors
	in the name of a school district or open-enrollment charter school
	to be maintained for use when necessary. The prescribing physician
	shall provide the school district or open-enrollment charter
	school, as appropriate, a standing order for the administration of
	school-supplied epinephrine auto-injectors to undesignated
	individuals who are reasonably believed to be experiencing
	anaphylaxis. The order shall not be required to be
	patient-specific, and the administration may occur without a prior
	established physician-patient relationship. Notwithstanding the
	provisions of other law regarding delegation or supervision,
	supervision or delegation by a physician shall be adequate if the
	physician periodically reviews the order and is available through
	direct telecommunication as needed for consultation, assistance,
	and direction.
	(2)  An order issued under this subsection must
	contain:
	(A)  the name and signature of the physician
	described in Subdivision (1);
	(B)  the name of the school district or
	open-enrollment charter school to which the order is issued;
	(C)  the quantity of epinephrine auto-injectors
	to be obtained and maintained under the order; and
	(D)  the date of issue.
	(j)  A pharmacist may dispense an epinephrine auto-injector
	under this section without the name of, or other identifying
	information relating to, the ultimate user.
	(k)  School employees who have received the training
	described in Subsection (e) may:
	(1)  obtain one or more epinephrine auto-injectors from
	the locations described in Subsection (h), or maintained while in
	transit to or from a school-sanctioned event as described in
	Subsection (h), in accordance with the provisions of this section;
	and
	(2)  administer such epinephrine auto-injectors in
	accordance with the provisions of this section.
	(l)(1)  Not later than 10 business days after the
	administration of an epinephrine auto-injector by a school employee
	under the terms of this section, the school shall report to the
	school district, or in the case of an open-enrollment charter
	school, the charter school shall document, in a form and manner
	prescribed by the commissioner, the following information:
	(A)  age and type of individual receiving
	administration of the epinephrine auto-injector;
	(B)  physical location on or off campus where the
	epinephrine auto-injector was administered;
	(C)  number of doses administered;
	(D)  title of person administering the
	epinephrine auto-injector; and
	(E)  any other information required by the
	commissioner.
	(2)  Not later than 10 business days after the
	administration of an epinephrine auto-injector by a school employee
	under the terms of this section, the school district or the
	open-enrollment charter school shall report the information
	described in Subdivision (1) to:
	(A)  the physician described in Subsection (i);
	(B)  the commissioner; and
	(C)  the commissioner of state health services.
	(m)  A school district or an open-enrollment charter school
	may each accept gifts, donations, grants, and federal and local
	funds for the support of that school district or open-enrollment
	charter school in carrying out the provisions of this section.
	(n)(1)  Except as provided by Subsection (d) or by
	Subdivision (2), the commissioner and the commissioner of state
	health services shall jointly adopt rules to implement this
	section.
	(2)  Rules to implement Subsection (c) shall be adopted
	solely by the commissioner of state health services.
	(o)  Epinephrine auto-injectors may be administered as
	provided under this section on campus and at off-campus
	school-sanctioned events. The immunity provisions of this section
	shall apply in such cases.
	(p)  A person who in good faith takes, or fails to take, any
	of the following actions under this section is immune from
	liability in any criminal or disciplinary action and for civil
	damages as a result of that act or failure to act:
	(1)  issuing an order for epinephrine auto-injectors;
	(2)  supervising or delegating as described in
	Subsection (i)(1);
	(3)  possessing an epinephrine auto-injector;
	(4)  prescribing an epinephrine auto-injector;
	(5)  dispensing an epinephrine auto-injector;
	(6)  administering, or assisting in the administering
	of, an epinephrine auto-injector;
	(7)  providing training, consultation, or advice in the
	development, adoption, or implementation of policies, guidelines,
	rules, or plans;
	(8)  assisting in providing training, consultation, or
	advice in the development, adoption, or implementation of policies,
	guidelines, rules, or plans; or
	(9)  undertaking any other required or authorized act.
	(q)  The immunities and protections granted in this section
	are in addition to, and not in lieu of, immunity or protection
	provided pursuant to any other provisions of law.
	(r)  If a school district or open-enrollment charter school
	lacks the funding, or other forms of support as described in
	Subsection (m), that is necessary to meet the requirements of this
	section, the school district or open-enrollment charter school
	shall not be required to comply with the requirements of this
	section.
	(s)  If a school district or open-enrollment charter school
	is unable to meet the requirements of this section due to a
	manufacturer's recall or any other unanticipated loss or reduction
	in supply of epinephrine auto-injectors that adversely affects the
	ability of a school district or open-enrollment charter school to
	obtain epinephrine auto-injectors in quantities that are
	sufficient to meet the requirements of this section, the school
	district or open-enrollment charter school shall not be required to
	comply with such requirements.
	(t)  Notwithstanding the provisions of Subsections (r) and
	(s), the immunities and protections granted in this section shall
	continue in full force and effect.
	(u)  Notwithstanding any other law, this section does not
	create a civil, criminal, or administrative cause of action or a
	standard of care, obligation, or duty that provides a basis for a
	cause of action.
	(v)  Notwithstanding the provisions of Subsections (r) and
	(s), the provisions of Subsection (u) shall continue in full force
	and effect.
	(w)  A cause of action does not arise from an act or omission
	described by Subsection (p).
	SECTION 2.  This Act takes effect September 1, 2015.