(a) Once a school district, open-enrollment charter
school, or private school voluntarily adopts an unassigned asthma
medication policy, a campus that implements an unassigned asthma medication
policy must stock unassigned asthma medication, subject to available
funding, as defined by §40.44 of this subchapter (relating to
Voluntary Unassigned Asthma Medication Policies).
(b) A campus must obtain a prescription from an authorized
healthcare provider each year to stock, possess, and maintain at least
two doses of unassigned asthma medication on each campus as described
in Texas Education Code §38.208 and any equipment necessary to
administer the medication.
(1) The campus must renew this prescription or obtain
a new prescription annually.
(2) The number of additional doses may be determined
by an individual campus review led by an authorized healthcare provider.
(c) An authorized healthcare provider who prescribes
unassigned asthma medication under subsection (b) of this section
must provide the campus with a standing order for the administration
of unassigned asthma medication to a person who:
(1) is reasonably believed to be experiencing a symptom
of asthma; and
(2) has provided written notification and permission
as required by the unassigned asthma medication policy.
(d) The unassigned asthma medication must be stored
in accordance with the manufacturer's guidelines and local policy
of the school district, open-enrollment charter school, or private
school.
(e) Expired unassigned asthma medication and other
used or expired supplies must be disposed of in accordance with the
manufacturer's guidelines and local policy of the school district,
open-enrollment charter school or private school.
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