Tex. Educ. Code § 38.0152

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 38.0152 - Committee to Assist in Updating Guidelines for Care of Students At Risk for Anaphylaxis

(a) In this section:

(1) "Commissioner" means the commissioner of state health services.

(2) "Department" means the Department of State Health Services.

(3) "Guidelines" means "Guidelines for the Care of Students With Food Allergies At-Risk for Anaphylaxis" on which school district and open-enrollment charter school policies for the care of students with a diagnosed food allergy at risk for anaphylaxis are based as provided by Section 38.0151.

(b) The commissioner shall appoint members to an ad hoc committee to consult with the commissioner on updating the current guidelines to incorporate and specifically reference any new food-allergy management best practices and treatments, including new methods, treatments, and therapies to reduce the risk of allergic reactions.

(c) The committee must include:

(1) not more than one representative from:

(A) the department; and

(B) the Texas Nurses Association;

(2) at least two individuals from one or more national patient advocacy organizations representing the interests of food allergies, anaphylaxis, and related medical issues, including asthma;

(3) one principal of a public elementary school campus at which one or more students with a diagnosed food allergy at risk for anaphylaxis are enrolled;

(4) one classroom teacher employed at a public elementary school campus at which one or more students with a diagnosed food allergy at risk for anaphylaxis are enrolled;

(5) one superintendent of a school district;

(6) one member of a board of trustees of a school district;

(7) one member of a governing body of an open-enrollment charter school;

(8) at least two parents of public school students with a diagnosed food allergy at risk for anaphylaxis;

(9) at least four physicians board certified in allergy and immunology by the American Board of Allergy and Immunology; and

(10) at least one physician board certified in general pediatrics by the American Board of Pediatrics who is a member of a statewide pediatric organization.

(d) Ad hoc committee members shall serve for a period determined by the commissioner. On the resignation of a member of the committee or the removal of a member from the committee by the commissioner, the commissioner shall appoint a new member to the committee who qualifies for the committee in the same manner that the member who resigned or is removed qualified.

(e) Section 2110.005, Government Code, does not apply to the ad hoc committee appointed under this section.

(f) Any recommendations on updating the current guidelines regarding medical treatment or therapies must be submitted by the physicians directly to the commissioner, provided that those recommendations may only be submitted to the commissioner if approved by a majority of the physicians serving on the committee.

(g) At least once every three years, the commissioner shall order a meeting of the committee to update the guidelines to incorporate any new food-allergy management best practices and treatments.

(h) The commissioner may order a meeting of the committee at any time the commissioner determines necessary for the committee to:

(1) discuss the protection of students with food allergies at risk for anaphylaxis; and

(2) update the guidelines.

Tex. Educ. Code § 38.0152

Added by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 975,Sec. 2, eff. 6/14/2019.