| (a) A school district, open-enrollment charter school,
or private school may voluntarily adopt and implement a written policy
regarding the maintenance, administration, and disposal of asthma
medication at each campus.
(1) If a written policy is adopted under this subchapter,
the unassigned asthma medication policy must comply with Texas Education
Code §38.208.
(2) Subject to the availability of funding, a school
district, open-enrollment charter school, or private school that adopts
such a policy must secure or obtain the suggested minimum dosage of
unassigned asthma medication.
(b) In development of an unassigned asthma medication
policy, a school district, open-enrollment charter school, or private
school may consider performing a review to include:
(1) consultation with school nurses, the local school
health advisory committee, local healthcare providers, or any department
or organization involved with student well-being;
(2) campus geography; and
(3) student population size.
(c) If a school district, open-enrollment charter school,
or private school voluntarily adopts an unassigned asthma medication
policy, the policy must include:
(1) a process to obtain written authorization from
a parent or guardian of the student that the student has been diagnosed
as having asthma and stating that the school nurse may administer
unassigned asthma medication to the student;
(2) a designated campus administrator to coordinate
and manage policy implementation that includes:
(A) whether to conduct a review at the campus to determine
the need for additional doses;
(B) training of school nurses;
(C) acquiring or purchasing, maintaining, storing,
and using unassigned asthma medication, subject to available campus
funding; and
(D) disposing of expired unassigned asthma medication;
(3) a list of school nurses who will be assigned to
administer unassigned asthma medication;
(4) locations of unassigned asthma medication;
(5) procedures for notifying a parent, prescribing
authorized healthcare provider, and the student's primary healthcare
provider when unassigned asthma medication is administered; and
(6) a plan to replace, as soon as reasonably possible,
any unassigned asthma medication that is used or close to expiration.
(d) An adopted unassigned asthma medication policy
must be publicly available.
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