TX Senate Bill 221 dead

Posted on: Thu, 05/26/2005 - 8:37am
McCobbre's picture
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Joined: 04/16/2005 - 09:00

I learned about this a little too late. A Texas Senate bill proposed by Sen. Zaffirini from Laredo was sent to the House Calendars Committee, where it remained and died. I want to encourage this bill to be reintroduced during the next Texas legislative session in two years (this one ends Monday at midnight).

This bill is to allow children with asthma and the potential for anaphylactic reactions to carry and administer their own medication on school property and on school outings.

When DS went on a school field trip to the Houston Zoo, the teacher forgot his EpiPen kit & Benedryl. Thank goodness I was a chaperone, because peanuts abound at the Houston Zoo. Next year I likely will not be able to go, and I want DS to be able to wear an Epi Belt. His nurse said I just need a note from the doctor, but this law would be nice to have in place.

My only question is being allowed to administer your own medicine. I'd love that in some cases, but he can't be expected to administer the EpiPen yet, so I hope the implementation of such a law wouldn't require him to.

I'm pasting a brief description and the full bill in case the link to Sen. Zaffirini's web site doesn't remain active.

Let's write Sen. Zaffirini to encourage her to reintroduce this again in two years--and to contact us so we can write our representatives so this can get passed.

Here's her website:
[url="http://www.zaffirini.senate.state.tx.us/"]http://www.zaffirini.senate.state.tx.us/[/url]

Here's the summmary:
Author: Zaffirini
Sponsor: Oliveira
Last Action: 05/22/2005 H Committee report sent to Calendars
Relating to the possession and self-administration of certain
prescription medications by public school students while on school
property or at a school-related event or activity.

Here's the full text of the bill:

By: Zaffirini S.B. No. 221

A BILL TO BE ENTITLED

AN ACT

relating to the possession and self-administration of certain
prescription medications by public school students while on school
property or at a school-related event or activity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 38.015, Education Code,
is amended to read as follows:
Sec. 38.015. SELF-ADMINISTRATION OF PRESCRIPTION ASTHMA OR
ANAPHYLAXIS MEDICINE BY STUDENTS.
SECTION 2. Subsections (a) and (b), Section 38.015,
Education Code, are amended to read as follows:
(a) In this section:
(1) "Parent" includes a person standing in parental
relation.
(2) "Self-administration of prescription asthma or
anaphylaxis medicine" means a student's discretionary use of
prescription asthma or anaphylaxis medicine.
(b) A student with asthma or anaphylaxis is entitled to
possess and self-administer prescription asthma or anaphylaxis
medicine while on school property or at a school-related event or
activity if:
(1) the prescription [asthma] medicine has been
prescribed for that student as indicated by the prescription label
on the medicine;
(2) the student has demonstrated to the student's
physician or other licensed health care provider and the school
nurse, if available, the skill level necessary to self-administer
the prescription medication, including the use of any device
required to administer the medication;
(3) the self-administration is done in compliance with
the prescription or written instructions from the student's
physician or other licensed health care provider; and
(4) [(3)] a parent of the student provides to the
school:
(A) a written authorization, signed by the
parent, for the student to self-administer the prescription
[asthma] medicine while on school property or at a school-related
event or activity; and
(B) a written statement from the student's
physician or other licensed health care provider, signed by the
physician or provider, that states:
(i) that the student has asthma or
anaphylaxis and is capable of self-administering the prescription
[asthma] medicine;
(ii) the name and purpose of the medicine;
(iii) the prescribed dosage for the
medicine;
(iv) the times at which or circumstances
under which the medicine may be administered; and
(v) the period for which the medicine is
prescribed.
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, 2005.

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