Bill Text: TX SB28 | 2015-2016 | 84th Legislature | Engrossed
Bill Title: Relating to immunity from liability for public and open-enrollment charter school campuses that maintain a supply of epinephrine auto-injectors for emergency use.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Engrossed - Dead) 2015-05-04 - Referred to Public Education [SB28 Detail]
Download: Texas-2015-SB28-Engrossed.html
| By: Zaffirini, Hinojosa | S.B. No. 28 | |
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| relating to immunity from liability for public and open-enrollment | ||
| charter school campuses that maintain a supply of epinephrine | ||
| auto-injectors for emergency use. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Section 38.0151, Education Code, | ||
| is amended to read as follows: | ||
| Sec. 38.0151. POLICIES FOR CARE OF CERTAIN STUDENTS AT RISK | ||
| FOR ANAPHYLAXIS; MAINTENANCE OF EPINEPHRINE AUTO-INJECTOR SUPPLY. | ||
| SECTION 2. Section 38.0151, Education Code, is amended by | ||
| adding Subsections (b-1), (b-2), (d-1), and (f) and amending | ||
| Subsection (d) to read as follows: | ||
| (b-1) Each school district and open-enrollment charter | ||
| school may maintain at each campus a supply of epinephrine | ||
| auto-injectors that may be administered to a person on campus or at | ||
| an off-campus school-sanctioned event experiencing an anaphylactic | ||
| reaction. For epinephrine auto-injectors to satisfy this | ||
| subsection, the auto-injectors may not have expiration dates that | ||
| have passed. | ||
| (b-2) The administration of an epinephrine auto-injector in | ||
| accordance with the requirements of this section does not | ||
| constitute the unlawful practice of any health care profession. | ||
| (d) This section does not: | ||
| (1) waive any [ |
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| of a governmental entity or its officers or employees; [ |
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| (2) create any liability for or a cause of action | ||
| against a governmental entity or its officers or employees; | ||
| (3) waive any immunity from liability under Section | ||
| 74.151, Civil Practice and Remedies Code, including immunity from | ||
| liability to which a school district, open-enrollment charter | ||
| school, or district or school employee is entitled under that | ||
| section for an act associated with the administration of an | ||
| epinephrine auto-injector to a person on campus or at an off-campus | ||
| school-sanctioned event experiencing an anaphylactic reaction; or | ||
| (4) create any liability or standard of care for or a | ||
| cause of action against a governmental entity or its officers or | ||
| employees who in good faith administer or fail to administer an | ||
| epinephrine auto-injector unless the act is wilfully or wantonly | ||
| negligent. | ||
| (d-1) A person who in good faith prescribes, dispenses, or | ||
| administers a non-patient specific epinephrine auto-injector or | ||
| provides training, advice, or supervision on the use of an | ||
| epinephrine auto-injector is immune from liability in a criminal, | ||
| civil, disciplinary, or administrative action, including immunity | ||
| from liability for civil damages, resulting from that action or | ||
| failure to act. | ||
| (f) If a school district or open-enrollment charter school | ||
| maintains a supply of epinephrine auto-injectors as provided by | ||
| Subsection (b-1), 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 subsection must be | ||
| provided before the district or school obtains a supply of | ||
| epinephrine auto-injectors and before the start of each school | ||
| year. | ||
| SECTION 3. 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, 2015. | ||
