89R3963 RAL-F     By: Lalani H.B. No. 856       A BILL TO BE ENTITLED   AN ACT   relating to a policy regarding the maintenance, administration, and   disposal of medication for respiratory distress by public and   private schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 38.208(a-1), (b-1), (c), and (d-1),   Education Code, are amended to read as follows:          (a-1)  Each school district, open-enrollment charter school,   and private school shall [may] adopt and implement a policy   regarding the maintenance, administration, and disposal of   medication for respiratory distress at each campus in the district   or school.          (b-1)  A [If a] policy [is] adopted under Subsection (a-1)[,   the policy] must:                (1)  require the school district, open-enrollment   charter school, or private school to maintain and make available at   each school campus a supply of medication for respiratory distress;   and                (2)  provide that school personnel and school   volunteers who are authorized and trained may administer medication   for respiratory distress to a person reasonably believed to be   experiencing respiratory distress on a school campus, or at a   school-sponsored or school-related activity on or off school   property.          (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 at a   school campus subject to a policy adopted under Subsection (a) and   the maintenance, administration, and disposal of medication for   respiratory distress at a school campus [subject to a policy   adopted under Subsection (a-1)].  The rules must establish:                (1)  the number of epinephrine auto-injectors   available at each campus;                (2)  the amount of medication for respiratory distress   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 and medication for   respiratory distress at regular intervals for expiration and   replacement;                (4)  the amount of training required for school   personnel and school volunteers to administer:                      (A)  an epinephrine auto-injector; or                      (B)  medication for respiratory distress; and                (5)  the types of medication that may be administered   under Subsection (b-1) to persons experiencing respiratory   distress, based on a review of the best available medical evidence.          (d-1)  A [Each school district, open-enrollment charter   school, and private school that adopts a] policy adopted under   Subsection (a-1) must require that each school campus have one or   more school personnel or school volunteers authorized and trained   to administer medication for respiratory distress present during   regular school hours.          SECTION 2.  Section 38.210(a-1), Education Code, is amended   to read as follows:          (a-1)  Each school district, open-enrollment charter school,   and private school [that adopts a policy under Section 38.208(a-1)]   is responsible for training school personnel and school volunteers   in the administration of medication for respiratory distress. The   training must include information on:                (1)  recognizing the signs and symptoms of respiratory   distress;                (2)  administering medication for respiratory   distress;                (3)  implementing emergency procedures, if necessary,   after administering medication for respiratory distress; and                (4)  proper sanitization, reuse, and disposal of   medication for respiratory distress.          SECTION 3.  Section 38.212(a), Education Code, is amended to   read as follows:          (a)  A [If a] school district, open-enrollment charter   school, or private school [implements a policy under this   subchapter, the district or school] shall provide [written notice   of the policy] to a parent or guardian of each student enrolled in   the district or school written notice of each policy implemented by   the district or school under this subchapter.          SECTION 4.  Section 38.208(f), Education Code, is repealed.          SECTION 5.  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, 2025.