89R4823 AMF-D
	By: Goodwin	H.B. No. 1807

	A BILL TO BE ENTITLED
	AN ACT
	relating to the self-administration of prescription anti-seizure
	medicine by a student at a public school.
	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, OR ANTI-SEIZURE MEDICINE BY STUDENTS.
	SECTION 2.  Sections 38.015(a) and (b), 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, or anti-seizure medicine" means a student's
	discretionary use of prescription asthma, [or] anaphylaxis, or
	anti-seizure medicine.
	(b)  A student with asthma, [or] anaphylaxis, or a seizure
	disorder is entitled to possess and self-administer prescription
	asthma, [or] anaphylaxis, or anti-seizure medicine, as applicable,
	while on school property or at a school-related event or activity
	if:
	(1)  the prescription 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:
	(A)  the prescription or written instructions
	from the student's physician or other licensed health care
	provider; or
	(B)  for a student with a seizure disorder, the
	student's seizure management and treatment plan under Section
	38.032; and
	(4)  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
	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, or a seizure disorder and is capable of
	self-administering the prescription 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.  Section 38.032(b), Education Code, is amended to
	read as follows:
	(b)  The agency shall adopt and post on the agency's Internet
	website a form to be used in submitting a seizure management and
	treatment plan under this section. The form must request the
	following information:
	(1)  the student's name and date of birth;
	(2)  the names and contact information of the student's
	parent or guardian, the physician responsible for the student's
	seizure treatment, and at least one other emergency contact;
	(3)  any medical history significant to the student's
	seizure disorder;
	(4)  the type, length, and frequency of the student's
	seizures;
	(5)  a description of each type of seizure the student
	has experienced;
	(6)  the student's seizure triggers or warning signs;
	(7)  the student's ability to manage seizures and the
	student's level of understanding of the seizures;
	(8)  instructions for the student's
	self-administration of prescription anti-seizure medication, if
	applicable;
	(9)  the student's response after a seizure;
	(10) [(9)]  the basic first aid to be provided to the
	student during a seizure, including whether the student needs to
	leave the classroom after a seizure and the process for the
	student's return to the classroom, if applicable;
	(11) [(10)]  a description of what constitutes a
	seizure emergency for the student;
	(12) [(11)]  a description of seizure emergency
	protocol for district personnel to follow in the event of a seizure
	emergency for the student;
	(13) [(12)]  a treatment protocol for any medications
	or other procedures to be administered by district personnel to the
	student during school hours, including:
	(A)  each daily or emergency medication,
	including:
	(i)  the name and dosage of the medication
	and the time at which the medication is to be given;
	(ii)  common side effects for the
	medication; and
	(iii)  any special instructions regarding
	the medication; and
	(B)  whether the student has a vagus nerve
	stimulator and, if so, appropriate magnet use for the stimulator;
	(14) [(13)]  any special considerations or precautions
	applicable to the student; and
	(15) [(14)]  the signatures of the student's parent or
	guardian and the physician responsible for the student's seizure
	treatment.
	SECTION 4.  As soon as practicable after the effective date
	of this Act but not later than December 1, 2025, the Texas Education
	Agency shall update the form for submitting a seizure management
	and treatment plan as necessary to conform to Section 38.032(b),
	Education Code, as amended by this Act, and post the form on the
	agency's Internet website.
	SECTION 5.  This Act applies beginning with the 2025-2026
	school year.
	SECTION 6.  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.