Bill Text: TX HB2891 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the use of glucagon medication on certain public and private school campuses.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2023-04-27 - Referred to Education [HB2891 Detail]
Download: Texas-2023-HB2891-Engrossed.html
88R15366 AMF-F | ||
By: Talarico, Garcia, Oliverson, Bucy, | H.B. No. 2891 | |
Allison |
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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 [ |
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(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 2023-2024 | ||
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, 2023. |