State bills push public access to life-saving allergy shots
AUSTIN — Parents and children from around the state advocated for several bills on Tuesday that would allow public places such as restaurants, sporting venues and college campuses to stock medicine to counteract life-threatening allergic reactions.
Legislation from Republican and Democratic lawmakers this session would allow private schools, day care centers and other public places to stock life-saving epinephrine injections and would provide immunity to those administering the drug.
Lawmakers overwhelmingly approved a bill in 2015 that allowed public school districts and charter schools to keep epinephrine auto-injectors on hand for students and staff who may not know they have food allergies.
The U.S. Centers for Disease Control and Prevention estimates that 4 to 6 percent of children in the United States have food allergies; the prevalence of children with food allergies increased 18 percent between 1997 and 2007.
The 2015 legislation, authored by McAllen Democrat Juan “Chuy” Hinojosa, does not require schools to stock the drug, but ensures that school districts are immune from liability if they choose to supply it. Its bill number, Senate Bill 66, represented the football jersey number of Cameron Espinosa, a student from Haas Middle School in Corpus Christi, who died after suffering a severe allergic reaction to an ant bite while
playing football.
“You always hear about stories in schools where the nurse knows she has to use the epinephrine, but she doesn’t have it available,” said Allen Lieberman, an allergist at Austin Family Allergy and Asthma. “The biggest risk of a fatality from a food allergy is a delay in using the epinephrine or not having it at all.”
Epinephrine, also known as adrenaline, can be administered for allergic reactions to other things, including bug bites, medications or latex.
Not a requirement
Sen. Eddie Lucio Jr., D-Brownsville, authored this session’s Senate Bill 1684, which would allow “certain entities to possess and administer” the drug and provide immunity to entities and prescribers. That includes amusement parks, child care facilities, colleges and universities, restaurants and youth centers. It has not received a committee hearing yet, but spokesmen for research and advocacy group Food Allergy Research and Education said they hope it will be passed this session.
The Texas Restaurant Association opposes Lucio’s bill. A spokeswoman said the group is concerned about the cost and training required to stock the injection.
“It’s not a requirement, but in which case, what is the purpose of the bill?” Anna Tauzin Rice, vice president of innovation and marketing for the group, said.
Tauzin Rice said the high turnover rate among restaurant employees would make it difficult to have someone on staff with the correct training.
Sen. Van Taylor, R-Plano, has filed similar bills for private schools and child care centers. One, which already has passed in the Senate, would permit private schools to stock and maintain epinephrine auto-injectors in school and at off-campus events.
The private school bill was brought to Taylor by the Texas Private Schools Association after they were left out of the bill last session for public and charter schools.
“It’s not a mandate,” said Laura Colangelo, the group’s executive director. “But we want to make sure we have all the tools in place.”
Expensive access
Sen. José Menéndez, DSan Antonio, also filed a bill with the support of the allergy research group that would permit universities and colleges to stock the drug.
According to Food Allergy Research and Education, 25 percent of severe allergic reactions experienced at school involve children with no previous diagnosis of food allergy. The group estimates that teenagers and young adults with food allergies are at the highest risk of fatal food-induced anaphylaxis.
The bills provide liability protection to entities that choose to stock the auto-injectors, as well as the prescribing physicians and pharmacists. Leah Robilotto, community engagement senior associate for Food Allergy Research and Education, said that immunity makes more schools and entities comfortable with stocking the drug.
“It simply allows a doctor to write a prescription for not a single person — it can be for anyone who needs it,” Robilotto said.
The biggest challenge the group has faced is concern from lawmakers around the country about the cost of supplying the injections. In Texas, it is up to schools to bear the cost of the pricey drug, which can reach $600 for two shots.
“Money is always a concern,” Robilotto said. “School districts are strapped for every penny, but we really feel like, how much is a child’s life worth?”