By: Menéndez S.B. No. 2535               A BILL TO BE ENTITLED   AN ACT   relating to the use of prescription glucagon medication on 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 to read as follows:          Sec. 168.001.  DEFINITIONS. In this chapter:                (1)  "Diabetes management and treatment plan" means the   document required by Section 168.002.                (2)  "Glucagon medication" means any medication used to   treat low blood sugar that contains the hormone glucagon.                 (3) [(2)] "Individualized health plan" means the   document required by Section 168.003.                (4) [(3)] "Principal" includes the principal's   designee.                (5) [(4)] "School" means a public elementary or   secondary school. The term does not include an open-enrollment   charter school established under Subchapter D, Chapter 12,   Education Code.                (6) [(5)] "School employee" 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.                (7)  "Undesignated glucagon medication" means glucagon   medication prescribed in the name of a school.                 (8) [6] "Unlicensed diabetes care assistant" means a   school employee who has successfully completed the training   required by Section 168.005.          SECTION 2.  Section 168.004, Occupations Code, is amended by   adding Subsection (d) to read as follows:          (d)  An unlicensed diabetes care assistant may carry   undesignated glucagon medication on his or her person.           SECTION 3.  Chapter 168, Health and Safety Code, is amended   by adding Section 168.012 to read as follows:          Sec. 168.012.  MAINTENANCE OF GLAUCOGEN MEDICATION. (a) Each   school district, open-enrollment charter school, and 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)  The supply of glucagon medication at each campus must be   stored in a secure location and be easily accessible to unlicensed   diabetes care assistants and the school nurse.           (c)  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.           (d)  A pharmacist may dispense glucagon medication to a   school district, open-enrollment charter school, or private school   without requiring the name or any other identifying information   relating to the user.           (e)  The executive commissioner of the Health and Human   Services Commission, in consultation with the commissioner of   education, shall adopt rules regarding the maintenance,   administration, and disposal of glucagon medication at a school   campus.           (f)  The policy described by Subsection (a) may not require a   school district, open-enrollment charter school, or private school   to purchase glucagon medication or require 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.           SECTION 4.  This Act applies beginning with the 2023-2024   school year.          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, 2023.