Sec. 38.032. SEIZURE MANAGEMENT AND TREATMENT PLAN. (a) The parent or guardian of a student with a seizure disorder may seek care for the student's seizures while the student is at school or participating in a school activity by submitting to the school district at which the student is enrolled a copy of a seizure management and treatment plan developed by the student's parent or guardian and the physician responsible for the student's seizure treatment. The plan must be submitted to and reviewed by the district:

(1) before or at the beginning of the school year;

(2) on enrollment of the student, if the student enrolls in the district after the beginning of the school year; or

(3) as soon as practicable following a diagnosis of a seizure disorder for the student.

(b) A seizure management and treatment plan must:

(1) identify the health care services the student may receive at school or while participating in a school activity;

(2) evaluate the student's ability to manage and level of understanding of the student's seizures; and

(3) be signed by the student's parent or guardian and the physician responsible for the student's seizure treatment.

(c) The care of a student with a seizure disorder by a district employee under a seizure management plan submitted under this section is incident to or within the scope of the duties of the employee's position of employment and involves the exercise of judgment or discretion on the part of the employee for purposes of Section 22.0511.

(d) The immunity from liability provided by Section 22.0511 applies to an action or failure to act by a district employee in administering a medication, assisting with self-administration, or otherwise providing for the care of a student under a seizure management plan submitted for the student under Subsection (a).

Added by Acts 2019, 86th Leg., R.S., Ch. 1039 (H.B. 684), Sec. 2, eff. June 14, 2019.