HBA-MPM H.B. 1688 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1688
By: McClendon
Public Education
3/5/2001
Introduced



BACKGROUND AND PURPOSE 

According to the American Lung Association of Texas, more than one million
Texans suffer from asthma, and one-third of them are 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 properly used.  One effective technique to control
an asthma attack is the use of prescription medication administered with a
hand-held inhaler.  Public school policies may require such medication to
be stored with the school principal or the school nurse, which can result
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 is
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 person
acting in a parental relationship to the student 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 a school district and its agents and employees are not
liable for an injury arising out of the student's self-administration of
the medication while on school property or at a school-related event or
activity.   

The bill authorizes the commissioner of education to adopt rules and
prescribe forms to assist in implementing this Act. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. The Act applies beginning with the
2001-2002 school year.