Education Code § 38.208

Sec. 38.208. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE DELIVERY SYSTEMS AND MEDICATION FOR RESPIRATORY DISTRESS. (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 (3) any patient care instructions given to the student. (b-3) If a student who has received medication for respiratory distress does not have a primary care provider or the parent or guardian of the student has not engaged a primary care provider for the student, the student's parent or guardian must receive information to assist the parent or guardian in selecting a primary care provider for the student. (c) The executive commissioner of the Health and Human Services Commission, in consultation with the commissioner of education, and with advice from the advisory committee as appropriate, shall adopt rules regarding the maintenance, administration, and disposal of an epinephrine delivery system at a school campus subject to a policy adopted under Subsection (a) and the maintenance, administration, and disposal of medication for respiratory distress at a school campus subject to a policy adopted under Subsection (a-1). The rules must establish: (1) the number of epinephrine delivery systems available at each campus; (2) the amount of medication for respiratory distress available at each campus; (3) the process for each school district, open-enrollment charter school, and private school to check the inventory of epinephrine delivery systems and medication for respiratory distress at regular intervals for expiration and replacement; (4) the amount of training required for school personnel and school volunteers to administer: (A) an epinephrine delivery system; or (B) medication for respiratory distress; and (5) the types of medication that may be administered under Subsection (b-1) to persons experiencing respiratory distress, based on a review of the best available medical evidence. (d) Each school district, open-enrollment charter school, and private school that adopts a policy under Subsection (a) must require that each campus have one or more school personnel members or school volunteers authorized and trained to administer an epinephrine delivery system present during all hours the campus is open. (d-1) Each school district, open-enrollment charter school, and private school that adopts a policy under Subsection (a-1) must require that each campus have one or more school personnel or school volunteers authorized and trained to administer medication for respiratory distress present during regular school hours. (d-2) A school personnel member or school volunteer may not be subject to any penalty or disciplinary action for refusing to administer or receive training to administer epinephrine delivery systems or medication for respiratory distress, as applicable, in accordance with a policy adopted under Subsection (a) or (a-1). (e) The supply of epinephrine delivery systems at each campus must be stored in a secure location and be easily accessible to school personnel and school volunteers authorized and trained to administer an epinephrine delivery system. (e-1) The supply of medication for respiratory distress at each campus must be stored in a secure location and be easily accessible to authorized school personnel and school volunteers. (f) The policy described by Subsection (a-1) may not require a school district, open-enrollment charter school, or private school to purchase medication for respiratory distress or require any other expenditure related to the maintenance or administration of medication for respiratory distress that would result in a negative fiscal impact on the district or school. Added by Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 2, eff. May 28, 2015. Amended by: 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.