Tex. Educ. Code Section 38.0151
Policies for Care of Certain Students at Risk for Anaphylaxis


(a)

The board of trustees of each school district and the governing body or an appropriate officer of each open-enrollment charter school shall adopt and administer a policy for the care of students with a diagnosed food allergy at risk for anaphylaxis based on “Guidelines for the Care of Students With Food Allergies At-Risk for Anaphylaxis” developed by the commissioner of state health services under this section and updated by the commissioner of state health services in consultation with an ad hoc committee appointed by the commissioner of state health services as provided by Section 38.0152 (Committee to Assist in Updating Guidelines for Care of Students at Risk for Anaphylaxis). The guidelines and any recommendation to update the guidelines regarding medical treatment or therapy must be scientifically valid.

(b)

A school district or open-enrollment charter school shall annually review and, as necessary, revise its policy for the care of students with a diagnosed food allergy at risk for anaphylaxis to ensure the policy is consistent with the most current version of the guidelines described by Subsection (a).

(c)

The guidelines described by Subsection (a) may not:

(1)

require a school district or open-enrollment charter school to purchase prescription anaphylaxis medication, such as epinephrine, or require any other expenditure that would result in a negative fiscal impact on the district or charter school; or

(2)

require the personnel of a district or charter school to administer anaphylaxis medication, such as epinephrine, to a student unless the anaphylaxis medication is prescribed for that student.

(d)

This section does not:

(1)

waive any liability or immunity of a governmental entity or its officers or employees; or

(2)

create any liability for or a cause of action against a governmental entity or its officers or employees.

(e)

The agency shall post the guidelines described by Subsection (a) on the agency’s website with any other information relating to students with special health needs. The information posted by the agency must include a summary of the guidelines. The agency shall annually review and, as necessary, revise the summary and any other information to reflect the most current version of the guidelines.

(f)

A school district or open-enrollment charter school that provides for the maintenance, administration, and disposal of epinephrine auto-injectors under Subchapter E is not required to comply with this section.

(g)

Each school year, the board of trustees of each school district and the governing body of each open-enrollment charter school shall post a summary of the guidelines on the district’s or school’s Internet website, including instructions on obtaining access to the complete guidelines document. The district’s or school’s website must be accessible by each student enrolled in the district or school and a parent or guardian of each student. Any forms used by a district or school requesting information from a parent or guardian enrolling a child with a food allergy in the district or school must include information to access on the district’s or school’s Internet website a summary of the guidelines and instructions on obtaining access to the complete guidelines document.

(h)

The guidelines described by Subsection (a) may not:

(1)

require a school district or open-enrollment charter school to purchase treatments approved by the United States Food and Drug Administration or make any other expenditure that would result in a negative fiscal impact on the district or school; or

(2)

require the personnel of a district or school to administer treatments approved by the United States Food and Drug Administration to a student unless the medication is prescribed for that student by the student’s physician.

(i)

This section does not:

(1)

waive any liability or immunity of a school district or open-enrollment charter school or district or school officers or employees; or

(2)

create any liability for or a cause of action against a school district or open-enrollment charter school or district or school officers or employees.

(j)

Notwithstanding any other law, this section, including any information or materials developed under this section and the dissemination of information or materials developed under this section, does not create a civil, criminal, or administrative cause of action or liability or create a standard of care, obligation, or duty that provides the basis for a cause of action.
Added by Acts 2011, 82nd Leg., R.S., Ch. 590 (S.B. 27), Sec. 1, eff. June 17, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 180 (S.B. 66), Sec. 3, eff. May 28, 2015.
Acts 2019, 86th Leg., R.S., Ch. 975 (S.B. 869), Sec. 1, eff. June 14, 2019.

Source: Section 38.0151 — Policies for Care of Certain Students at Risk for Anaphylaxis, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­38.­htm#38.­0151 (accessed Jun. 5, 2024).

38.001
Immunization
38.002
Immunization Records
38.003
Screening and Treatment for Dyslexia and Related Disorders
38.004
Child Abuse Reporting and Programs
38.005
Protective Eye Devices in Public Schools
38.006
E-cigarettes and Tobacco Products on School Property
38.007
Alcohol-free School Zones
38.008
Posting of Steroid Law Notice
38.009
Access to Medical Records
38.010
Outside Counselors
38.011
Dietary Supplements
38.012
Notice Concerning Health Care Services
38.013
Coordinated Health Program for Elementary, Middle, and Junior High School Students
38.014
Implementation of Coordinated Health Program for Elementary, Middle, and Junior High School Students
38.015
Self-administration of Prescription Asthma or Anaphylaxis Medicine by Students
38.016
Psychotropic Drugs and Psychiatric Evaluations or Examinations
38.017
Availability of Automated External Defibrillator
38.018
Procedures Regarding Response to Cardiac Arrest
38.019
Immunization Awareness Program
38.021
Use of Sunscreen Products
38.022
School Visitors
38.023
List of Resources Concerning Internet Safety
38.024
Insurance Against Student Injuries
38.0025
Dissemination of Bacterial Meningitis Information
38.026
Grant Program for Best Practices in Nutrition Education
38.027
Electronic Communication Policy
38.030
Traumatic Injury Response Protocol
38.0031
Classroom Technology Plan for Students with Dyslexia
38.031
Notice of Lice
38.032
Seizure Management and Treatment Plan
38.0032
Dyslexia Training Opportunities
38.033
Seizure Recognition and Related First Aid Training
38.034
School Health and Related Services Program
38.036
Trauma-informed Care Policy
38.040
Fentanyl Abuse Prevention and Drug Poisoning Awareness Education
38.0041
Policies Addressing Sexual Abuse and Other Maltreatment of Children
38.0042
Posting Child Abuse Hotline Telephone Number
38.051
Establishment of School-based Health Centers
38.052
Contract for Services
38.053
Parental Consent Required
38.054
Categories of Services
38.055
Use of Grant Funds for Reproductive Services Prohibited
38.056
Provision of Certain Services by Licensed Health Care Provider Required
38.057
Identification of Health-related Concerns
38.058
Health Education and Health Care Advisory Council
38.059
Assistance of Public Health Agency
38.060
Coordination with Existing Providers in Certain Areas
38.061
Communication with Primary Care Physician
38.062
Funding for Provision of Services
38.063
Grants
38.0095
Parental Access to Medical Records
38.101
Assessment Required
38.0101
Authority to Employ or Contract with Nonphysician Mental Health Professional
38.102
Adoption of Assessment Instrument
38.103
Reporting of Physical Fitness Results
38.104
Analysis of Results
38.105
Donations
38.106
Rules
38.0141
Reporting of Certain Health and Safety Information Required
38.0151
Policies for Care of Certain Students at Risk for Anaphylaxis
38.151
Definitions
38.0152
Committee to Assist in Updating Guidelines for Care of Students at Risk for Anaphylaxis
38.152
Applicability
38.153
Oversight of Concussions by School Districts and Charter Schools
38.154
Concussion Oversight Team: Membership
38.155
Required Annual Form Acknowledging Concussion Information
38.156
Removal from Play in Practice or Competition Following Concussion
38.157
Return to Play in Practice or Competition
38.158
Training Courses
38.159
Immunity
38.160
Rules
38.0181
Cardiovascular Screening Pilot Program
38.201
Definitions
38.202
Advisory Committee: Establishment and Composition
38.203
Advisory Committee: Presiding Officer
38.204
Advisory Committee: Compensation and Expenses
38.205
Advisory Committee: Applicability of Other Law
38.206
Advisory Committee: Open Meetings
38.207
Advisory Committee: Duties
38.208
Maintenance and Administration of Epinephrine Auto-injectors and Medication for Respiratory Distress
38.209
Report on Administering Epinephrine Auto-injector
38.210
Training
38.211
Prescription of Epinephrine Auto-injectors and Medication for Respiratory Distress
38.212
Notice to Parents
38.213
Gifts, Grants, and Donations
38.214
Rules
38.215
Immunity from Liability
38.221
Definitions
38.222
Maintenance, Administration, and Disposal of Opioid Antagonists
38.223
Report on Administering Opioid Antagonist
38.224
Training
38.225
Prescription of Opioid Antagonists
38.226
Gifts, Grants, and Donations
38.227
Immunity from Liability
38.228
Rules
38.0231
Guidelines for Use of Digital Devices
38.251
Rubric to Identify Resources
38.252
Regional Inventory of Mental Health Resources
38.253
Statewide Inventory of Mental Health Resources
38.254
Statewide Plan for Student Mental Health
38.255
Agency Use of Statewide Plan
38.256
Reports to Legislature
38.301
Definitions
38.302
Establishment
38.303
Membership
38.304
Officers
38.305
Compensation
38.306
Meetings
38.307
Support Services for Task Force
38.308
Duties of Task Force
38.309
Privacy of Information
38.310
Reports
38.311
Funding
38.312
Expiration
38.351
Mental Health Promotion and Intervention, Substance Abuse Prevention and Intervention, and Suicide Prevention
38.352
Immunity
38.353
Suicide Prevention Information Required on Certain Student Identification Cards
38.0591
Access to Mental Health Services
38.2091
Report on Administering Medication for Respiratory Distress
38.3071
Request for and Disclosure of Information

Accessed:
Jun. 5, 2024

§ 38.0151’s source at texas​.gov