88R3964 CXP-F     By: Menéndez S.B. No. 629       A BILL TO BE ENTITLED   AN ACT   relating to the use of opioid antagonists on public and 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.  The heading to Subchapter E, Chapter 38,   Education Code, is amended to read as follows:   SUBCHAPTER E. MAINTENANCE, [AND] ADMINISTRATION, AND DISPOSAL OF   EPINEPHRINE AUTO-INJECTORS, OPIOID ANTAGONISTS, AND ASTHMA   MEDICINE          SECTION 2.  Section 38.201, Education Code, is amended by   adding Subdivision (3-a) to read as follows:                (3-a)  "Opioid antagonist" and "opioid-related drug   overdose" have the meanings assigned by Section 483.101, Health and   Safety Code.          SECTION 3.  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, and opioid antagonists to a   person experiencing an apparent opioid-related drug overdose, on a   campus of a school district, an open-enrollment charter school, a   private school, or an institution of higher education.          (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 or opioid-related drug   overdoses, including physicians who specialize in the fields of   pediatrics, allergies, asthma, drug use disorders, and immunology;                (2)  at least one member is a registered nurse employed   by a school district, open-enrollment charter school, or private   school as a school nurse;                (3)  at least one member is an employee of a general   academic teaching institution; and                (4)  at least one member is an employee of a public   junior college or a public technical institute.          SECTION 4.  Section 38.207, Education Code, is amended to   read as follows:          Sec. 38.207.  ADVISORY COMMITTEE: DUTIES. The advisory   committee shall advise the commissioner of state health services   on:                (1)  the storage and maintenance of epinephrine   auto-injectors and opioid antagonists on school campuses and   campuses of institutions of higher education;                (2)  the training of school personnel and school   volunteers, and of personnel and volunteers at institutions of   higher education, in the administration of an epinephrine   auto-injector and opioid antagonist; and                (3)  a plan for:                      (A)  one or more school personnel members or   school volunteers trained in the administration of an epinephrine   auto-injector to be on each school campus; [and]                      (B)  one or more school personnel members or   school volunteers trained in the administration of an opioid   antagonist to be on each school campus;                      (C)  one or more personnel members or volunteers   of an institution of higher education trained in the administration   of an epinephrine auto-injector to be on each campus of an   institution of higher education; and                      (D)  one or more personnel members or volunteers   of an institution of higher education trained in the administration   of an opioid antagonist to be on each campus of an institution of   higher education.          SECTION 5.  The heading to Section 38.208, Education Code,   is amended to read as follows:          Sec. 38.208.  MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE   AUTO-INJECTORS, OPIOID ANTAGONISTS, AND ASTHMA MEDICINE.          SECTION 6.  Sections 38.208(a), (b), (c), (d), and (e),   Education Code, are amended to read as follows:          (a)  Each school district, open-enrollment charter school,   and private school may adopt and implement a policy regarding the   maintenance, administration, and disposal of epinephrine   auto-injectors or opioid antagonists at each campus in the district   or school.          (b)  If a policy is adopted under Subsection (a), the policy,   as applicable:                (1)  must provide that school personnel and school   volunteers who are authorized and trained may administer an   epinephrine auto-injector to a person who is reasonably believed to   be experiencing anaphylaxis, or an opioid antagonist to a person   who is reasonably believed to be experiencing an opioid-related   drug overdose, on a school campus; and                (2)  may provide that school personnel and school   volunteers who are authorized and trained may administer an   epinephrine auto-injector to a person who is reasonably believed to   be experiencing anaphylaxis, or an opioid antagonist to a person   who is reasonably believed to be experiencing an opioid-related   drug overdose, at an off-campus school event or while in transit to   or from a school event.          (c)  The executive commissioner of the Health and Human   Services Commission, in consultation with the commissioner of   education, and with advice from the advisory committee as   appropriate, shall adopt rules regarding the maintenance,   administration, and disposal of an epinephrine auto-injector and   opioid antagonist at a school campus subject to a policy adopted   under Subsection (a) and the maintenance and administration of   asthma medicine at a school campus subject to a policy adopted under   Subsection (a-1). The rules must establish:                (1)  the number of epinephrine auto-injectors and   opioid antagonists available at each campus;                (2)  the amount of prescription asthma medicine   available at each campus;                (3)  the process for each school district,   open-enrollment charter school, and private school to check the   inventory of epinephrine auto-injectors, opioid antagonists, and   asthma medicine at regular intervals for expiration and   replacement; and                (4)  the amount of training required for school   personnel and school volunteers to administer an epinephrine   auto-injector or opioid antagonist.          (d)  Each school district, 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 or an opioid antagonist, as applicable,   present during all hours the campus is open.          (e)  The supply of epinephrine auto-injectors and opioid   antagonists at each campus must be stored in a secure location and   be easily accessible to school personnel and school volunteers   authorized and trained to administer an epinephrine auto-injector   or opioid antagonist. The supply of asthma medicine at each campus   must be stored in a secure location and be easily accessible to the   school nurse.          SECTION 7.  Section 38.209, Education Code, is amended to   read as follows:          Sec. 38.209.  REPORT ON ADMINISTERING EPINEPHRINE   AUTO-INJECTOR OR OPIOID ANTAGONIST. (a) Not later than the 10th   business day after the date a school personnel member or school   volunteer administers an epinephrine auto-injector or opioid   antagonist 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, 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 or opioid antagonist; and                (3)  the commissioner of state health services.          (b)  The report required under this section must include the   following information:                (1)  the age of the person who received the   administration of the epinephrine auto-injector or opioid   antagonist;                (2)  whether the person who received the administration   of the epinephrine auto-injector or opioid antagonist was a   student, a school personnel member or school volunteer, or a   visitor;                (3)  the physical location where the epinephrine   auto-injector or opioid antagonist was administered;                (4)  the number of doses of epinephrine auto-injector   or opioid antagonist administered;                (5)  the title of the person who administered the   epinephrine auto-injector or opioid antagonist; and                (6)  any other information required by the commissioner   of education.          SECTION 8.  Sections 38.210(a) and (b), Education Code, are   amended to read as follows:          (a)  Each school district, 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 or opioid   antagonist.          (b)  Training required under this section must:                (1)  include information on:                      (A)  recognizing the signs and symptoms of   anaphylaxis or an opioid-related drug overdose;                      (B)  administering an epinephrine auto-injector   or opioid antagonist;                      (C)  implementing emergency procedures, if   necessary, after administering an epinephrine auto-injector or   opioid antagonist; and                      (D)  properly disposing of used or expired   epinephrine auto-injectors or opioid antagonists;                (2)  be provided in a formal training session or   through online education; and                (3)  be provided in accordance with the policy adopted   under Section 21.4515.          SECTION 9.  The heading to Section 38.211, Education Code,   is amended to read as follows:          Sec. 38.211.  PRESCRIPTION OF EPINEPHRINE AUTO-INJECTORS,   OPIOID ANTAGONISTS, AND ASTHMA MEDICINE.          SECTION 10.  Sections 38.211(a), (b), (c), (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, opioid antagonists, or   asthma medicine in the name of a school district, open-enrollment   charter school, or private school.          (b)  A physician or other person who prescribes epinephrine   auto-injectors, opioid antagonists, or asthma medicine under   Subsection (a) shall provide the school district, open-enrollment   charter school, or private school with a standing order for the   administration of, as applicable:                (1)  an epinephrine auto-injector to a person   reasonably believed to be experiencing anaphylaxis; [or]                (2)  an opioid antagonist to a person reasonably   believed to be experiencing an opioid-related drug overdose; or                (3)  asthma medicine to a person reasonably believed to   be experiencing a symptom of asthma and who has provided written   notification and permission as required by Section 38.208(b-1).          (c)  The standing order under Subsection (b) is not required   to be patient-specific, and the epinephrine auto-injector, opioid   antagonist, or asthma medicine may be administered to a person   without a previously established physician-patient relationship.          (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, open-enrollment   charter school, or private school to which the order is issued;                (3)  the quantity of epinephrine auto-injectors,   opioid antagonists, or asthma medicine to be obtained and   maintained under the order; and                (4)  the date of issue.          (f)  A pharmacist may dispense an epinephrine auto-injector,   opioid antagonist, or asthma medicine to a school district,   open-enrollment charter school, or private school without   requiring the name or any other identifying information relating to   the user.          SECTION 11.  Section 38.215(a), Education Code, is amended   to read as follows:          (a)  A person who in good faith takes, or fails to take, any   action under this subchapter is immune from civil or criminal   liability or disciplinary action resulting from that action or   failure to act, including:                (1)  issuing an order for epinephrine auto-injectors,   opioid antagonists, or asthma medicine;                (2)  supervising or delegating the administration of an   epinephrine auto-injector, an opioid antagonist, or asthma   medicine;                (3)  possessing, maintaining, storing, or disposing of   an epinephrine auto-injector, an opioid antagonist, or asthma   medicine;                (4)  prescribing an epinephrine auto-injector, an   opioid antagonist, or asthma medicine;                (5)  dispensing:                      (A)  an epinephrine auto-injector; [or]                      (B)  an opioid antagonist; or                      (C)  asthma medicine, provided that permission   has been granted as provided by Section 38.208(b-1);                (6)  administering, or assisting in administering, an   epinephrine auto-injector, an opioid antagonist, or asthma   medicine, provided that permission has been granted as provided by   Section 38.208(b-1);                (7)  providing, or assisting in providing, training,   consultation, or advice in the development, adoption, or   implementation of policies, guidelines, rules, or plans; or                (8)  undertaking any other act permitted or required   under this subchapter.          SECTION 12.  This Act applies beginning with the 2023-2024   school year.          SECTION 13.  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.