S.B. No. 579

	AN ACT
	relating to the use of epinephrine auto-injectors on private school
	campuses and at or in transit to or from off-campus school events.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 38.201, Education Code, is amended by
	amending Subdivision (5) and adding Subdivision (6) to read as
	follows:
	(5)  "Private school" means a school that:
	(A)  offers a course of instruction for students
	in one or more grades from prekindergarten through grade 12;
	(B)  is not operated by a governmental entity; and
	(C)  is not a school whose students meet the
	definition provided by Section 29.916(a)(1).
	(6)  "School personnel" means an employee of a school
	district, [or] open-enrollment charter school, or private school.
	The term includes a member of the board of trustees of a school
	district or the governing body of an open-enrollment charter school
	or private school.
	SECTION 2.  Sections 38.202(a) and (b), Education Code, are
	amended to read as follows:
	(a)  The commissioner of state health services shall
	establish an advisory committee to examine and review the
	administration of epinephrine auto-injectors to a person
	experiencing an anaphylactic reaction on a campus of a school
	district, [or] an open-enrollment charter school, or a private
	school.
	(b)  The advisory committee shall be composed of members
	appointed by the commissioner of state health services.  In making
	appointments, the commissioner shall ensure that:
	(1)  a majority of the members are physicians with
	expertise in treating anaphylaxis, including physicians who
	specialize in the fields of pediatrics, allergies, asthma, and
	immunology; and
	(2)  at least one member is a registered nurse employed
	by a school district, [or] open-enrollment charter school, or
	private school as a school nurse.
	SECTION 3.  Sections 38.208(a), (c), and (d), Education
	Code, are amended to read as follows:
	(a)  Each school district, [and] open-enrollment charter
	school, and private school may adopt and implement a policy
	regarding the maintenance, administration, and disposal of
	epinephrine auto-injectors at each campus in the district or
	school.
	(c)  The executive commissioner of the Health and Human
	Services Commission [state health services], in consultation with
	the commissioner of education, and with advice from the advisory
	committee, 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).  The
	rules must establish:
	(1)  the number of epinephrine auto-injectors
	available at each campus;
	(2)  the process for each school district, [and]
	open-enrollment charter school, and private school to check the
	inventory of epinephrine auto-injectors at regular intervals for
	expiration and replacement; and
	(3)  the amount of training required for school
	personnel and school volunteers to administer an epinephrine
	auto-injector.
	(d)  Each school district, [and] open-enrollment charter
	school, and private school that adopts a policy under Subsection
	(a) must require that each campus have one or more school personnel
	members or school volunteers authorized and trained to administer
	an epinephrine auto-injector present during all hours the campus is
	open.
	SECTION 4.  Section 38.209(a), Education Code, is amended to
	read as follows:
	(a)  Not later than the 10th business day after the date a
	school personnel member or school volunteer administers an
	epinephrine auto-injector in accordance with a policy adopted under
	Section 38.208(a), the school shall report the information required
	under Subsection (b) to:
	(1)  the school district, [or] the charter holder if
	the school is an open-enrollment charter school, or the governing
	body of the school if the school is a private school;
	(2)  the physician or other person who prescribed the
	epinephrine auto-injector;
	(3)  the commissioner of education; and
	(4)  the commissioner of state health services.
	SECTION 5.  Sections 38.210(a) and (c), Education Code, are
	amended to read as follows:
	(a)  Each school district, [and] open-enrollment charter
	school, and private school that adopts a policy under Section
	38.208(a) is responsible for training school personnel and school
	volunteers in the administration of an epinephrine auto-injector.
	(c)  Each school district, [and] open-enrollment charter
	school, and private school shall maintain records on the training
	required under this section.
	SECTION 6.  Sections 38.211(a), (b), (e), and (f), Education
	Code, are amended to read as follows:
	(a)  A physician or person who has been delegated
	prescriptive authority under Chapter 157, Occupations Code, may
	prescribe epinephrine auto-injectors in the name of a school
	district, [or] open-enrollment charter school, or private school.
	(b)  A physician or other person who prescribes epinephrine
	auto-injectors under Subsection (a) shall provide the school
	district, [or] open-enrollment charter school, or private school
	with a standing order for the administration of an epinephrine
	auto-injector to a person reasonably believed to be experiencing
	anaphylaxis.
	(e)  An order issued under this section must contain:
	(1)  the name and signature of the prescribing
	physician or other person;
	(2)  the name of the school district, [or]
	open-enrollment charter school, or private school to which the
	order is issued;
	(3)  the quantity of epinephrine auto-injectors to be
	obtained and maintained under the order; and
	(4)  the date of issue.
	(f)  A pharmacist may dispense an epinephrine auto-injector
	to a school district, [or] open-enrollment charter school, or
	private school without requiring the name or any other identifying
	information relating to the user.
	SECTION 7.  Section 38.212, Education Code, is amended to
	read as follows:
	Sec. 38.212.  NOTICE TO PARENTS.  If a school district, [or]
	open-enrollment charter school, or private school implements a
	policy under this subchapter for the maintenance, administration,
	and disposal of epinephrine auto-injectors, the district or school
	shall provide written notice to a parent or guardian of each student
	enrolled in the district or school.  Notice required under this
	section must be provided before the policy is implemented by the
	district or school and before the start of each school year.
	SECTION 8.  Section 38.213, Education Code, is amended to
	read as follows:
	Sec. 38.213.  GIFTS, GRANTS, AND DONATIONS.  A school
	district, [or] open-enrollment charter school, or private school
	may accept gifts, grants, donations, and federal and local funds to
	implement this subchapter.
	SECTION 9.  Section 38.214, Education Code, is amended to
	read as follows:
	Sec. 38.214.  RULES.  Except as otherwise provided by this
	subchapter, the commissioner of education and the executive
	commissioner of the Health and Human Services Commission [state
	health services] shall jointly adopt rules necessary to implement
	this subchapter.
	SECTION 10.  Section 38.215(e), Education Code, is amended
	to read as follows:
	(e)  A school district, [or] open-enrollment charter school,
	or private school and school personnel and school volunteers are
	immune from suit resulting from an act, or failure to act, under
	this subchapter, including an act or failure to act under related
	policies and procedures.
	SECTION 11.  This Act applies beginning with the 2017-2018
	school year.
	SECTION 12.  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, 2017.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 579 passed the Senate on
	April 3, 2017, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 579 passed the House on
	May 9, 2017, by the following vote:  Yeas 132, Nays 15, one
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor