Texas Education Code

§ 38.208 — MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE DELIVERY SYSTEMS AND MEDICATION FOR RESPIRATORY DISTRESS

ED § 38.208Title 2. PUBLIC EDUCATION · Part G. SAFE SCHOOLS · Ch. 38. HEALTH AND SAFETY · Art. E. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE DELIVERY SYSTEMS AND MEDICATION FOR RESPIRATORY DISTRESS

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(a)Each school district, open-enrollment charter school, and private school may adopt and implement a policy regarding the maintenance, administration, and disposal of epinephrine delivery systems at each campus in the district or school. (a-1) Each school district, open-enrollment charter school, and private school 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)If a policy is adopted under Subsection (a), the policy:

(1)must provide that school personnel and school volunteers who are authorized and trained may administer an epinephrine delivery system to a person who is reasonably believed to be experiencing anaphylaxis on a school campus; and

(2)may provide that school personnel and school volunteers who are authorized and trained may administer an epinephrine delivery system to a person who is reasonably believed to be experiencing anaphylaxis at an off-campus school event or while in transit to or from a school event. (b-1) If a policy is adopted under Subsection (a-1), the policy must 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. (b-2) If medication for respiratory distress is administered to a student whose parent or guardian has not provided notification to the school that the student has been diagnosed with asthma, the school must refer the student to the student's primary care provider on the day the medication for respiratory distress is administered and inform the student's parent or guardian regarding the referral. The referral must include:

(1)the symptoms of respiratory distress observed;

(2)the name of the medication for respiratory distress administered to the student; and

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Legislative history

Acts 2017, 85th Leg., R.S., Ch. 61 (S.B. 579), Sec. 3, eff. May 22, 2017. Acts 2019, 86th Leg., R.S., Ch. 192 (H.B. 2243), Sec. 3, eff. May 24, 2019. Acts 2023, 88th Leg., R.S., Ch. 194 (S.B. 294), Sec. 6, eff. May 24, 2023. Acts 2025, 89th Leg., R.S., Ch. 67 (S.B. 1619), Sec. 6, eff. May 19, 2025. Acts 2025, 89th Leg., R.S., Ch. 67 (S.B. 1619), Sec. 7, eff. May 19, 2025.