Bill Text: TX SB28 | 2015-2016 | 84th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2015-05-04 - Referred to Public Education [SB28 Detail]
Download: Texas-2015-SB28-Comm_Sub.html
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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2015-05-04 - Referred to Public Education [SB28 Detail]
Download: Texas-2015-SB28-Comm_Sub.html
By: Zaffirini | S.B. No. 28 | |
(In the Senate - Filed November 10, 2014; January 26, 2015, | ||
read first time and referred to Committee on State Affairs; | ||
April 15, 2015, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 9, Nays 0; April 15, 2015, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 28 | By: Zaffirini |
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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), and (d-1) 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. | ||
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. | ||
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