85R13229 MEW-D     By: Wilson H.B. No. 4176       A BILL TO BE ENTITLED   AN ACT   relating to the use of epinephrine auto-injectors in public   schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 38.208(c), Education Code, is amended to   read as follows:          (c)  The commissioner of state health services, [in   consultation with the commissioner of education, and] with advice   from the advisory committee, 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).  The rules must establish:                (1)  the number of epinephrine auto-injectors   available at each campus;                (2)  the process for each school district and   open-enrollment charter school to check the inventory of   epinephrine auto-injectors at regular intervals for expiration and   replacement; and                (3)  the amount of training required for school   personnel and school volunteers to administer an epinephrine   auto-injector.          SECTION 2.  Sections 38.209(a) and (b), Education Code, are   amended to read as follows:          (a)  Not later than the 10th business day after the date a   school personnel member or school volunteer administers an   epinephrine auto-injector 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 or the charter holder if the   school is an open-enrollment charter school;                (2)  the physician or other person who prescribed the   epinephrine auto-injector; and                (3)  [the commissioner of education; and                [(4)]  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;                (2)  whether the person who received the administration   of the epinephrine auto-injector was a student, a school personnel   member or school volunteer, or a visitor;                (3)  the physical location where the epinephrine   auto-injector was administered;                (4)  the number of doses of epinephrine auto-injector   administered;                (5)  the title of the person who administered the   epinephrine auto-injector; and                (6)  any other information required by the commissioner   of state health services [education].          SECTION 3.  Section 38.214, Education Code, is amended to   read as follows:          Sec. 38.214.  RULES.  Except as otherwise provided by this   subchapter, [the commissioner of education and] the commissioner of   state health services shall [jointly] adopt rules necessary to   implement this subchapter.          SECTION 4.  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, 2017.