Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 40 - STOCK MEDICATION IN SCHOOLS AND OTHER ENTITIES
Subchapter D - MAINTENANCE AND ADMINISTRATION OF MEDICATION FOR RESPIRATORY DISTRESS
Section 40.42 - Definitions

Universal Citation: 25 TX Admin Code § 40.42

Current through Reg. 50, No. 13; March 28, 2025

The following terms and phrases, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.

(1) Authorized healthcare provider--A physician, as defined in TEC § 38.201, or a person delegated prescriptive authority by a physician under Texas Occupations Code Chapter 157.

(2) Campus--A geographic unit of a school district, open-enrollment charter school, or private school that:

(A) has an assigned administrator;

(B) has enrolled students who are counted for average daily attendance;

(C) has assigned instructional staff;

(D) provides instructional services to students;

(E) has one or more grades in the range from early childhood education through grade 12 or is ungraded; and

(F) is subject to Texas laws.

(3) Open-enrollment charter school--As defined in TEC § 38.151.

(4) Private school--As defined in TEC § 38.201.

(5) Regular school hours--At least 30 minutes before the first bell to 30 minutes after the last bell of the school day.

(6) School district--Independent school districts established under TEC Chapter 11, Subchapters A - F; and open-enrollment charter schools established under TEC Chapter 12, Subchapter D.

(7) School nurse--Registered nurse, as defined in 19 Texas Administrative Code (TAC) §153.1022 (relating to Minimum Salary Schedule for Certain Professional Staff), or licensed vocational nurse working under supervision as described in Texas Occupations Code § 301.353.

(8) School personnel--As defined in TEC § 38.201.

(9) School-sponsored event--A school-sponsored or school-related activity occurring on or off school property.

(10) School volunteer--As defined in TEC § 22.053.

(11) TEC--Texas Education Code.

(12) Unassigned medication for respiratory distress--Albuterol, levalbuterol, or another medication based on the best available medical evidence for the treatment of respiratory distress that is:

(A) delivered by metered-dose inhaler (MDI) with a spacer (valved holding chamber) or by a nebulizer as a rescue medication;

(B) prescribed by an authorized healthcare provider in the name of the school district, open-enrollment charter school, or private school;

(C) issued with a non-patient-specific standing delegation order for the administration of a medication for respiratory distress; and

(D) issued by an authorized healthcare provider.

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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