HBA-MPM H.B. 1688 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1688 By: McClendon Public Education 6/13/2001 Enrolled BACKGROUND AND PURPOSE According to the American Lung Association of Texas, more than one million Texans suffer from asthma, one-third of them children. Asthma is the leading cause of chronic illness and school absenteeism in children and teens. Each year, children with asthma miss twice as many school days as children without asthma. Asthma medication and disease management techniques have advanced to the point that acute asthma episodes may be effectively reduced if the medication and techniques are properly used. One effective technique to control an asthma attack is the use of prescription medication administered with a hand-held inhaler. Previously, public school policies may have required such medication to be stored with the school principal or the school nurse, sometimes resulting in a significant delay between the time a student feels the onset of an asthma attack and the time the medication is administered, increasing the risk of the student having to go to the emergency room. Legislation was needed to allow students to carry asthma inhalers at school and school activities when prescribed by a physician. House Bill 1688 entitles a student with asthma to possess and self-administer prescription asthma medication while on school property or at a school-related event. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the commissioner of education in SECTION 1 (Section 38.013, Education Code) of this bill. ANALYSIS House Bill 1688 amends the Education Code to entitle a student with asthma to possess and self-administer prescription asthma medication while on school property or at a school-related event or activity. The bill specifies the conditions under which the student is entitled to possess and self-administer the medication and provides that certain written statements or authorizations must be provided to the school district by the student's parent and the prescribing physician or health care provider. The bill provides that the physician's statement must be kept on file in the school nurse's office or the principal's office, as applicable, at the school the student attends. The bill specifies that these provisions do not waive any liability or immunity of a governmental unit or its officers or employees or create any liability for or a cause of action against a governmental unit or its officers and employees. The bill authorizes the commissioner of education to adopt rules and prescribe forms to assist in implementing this Act. EFFECTIVE DATE June 11, 2001. The Act applies beginning with the 2001-2002 school year.