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.