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 40.44 - Voluntary Unassigned Medication for Respiratory Distress Policies

Universal Citation: 25 TX Admin Code § 40.44

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

(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 unassigned medication for respiratory distress at each campus.

(1) If a written policy is adopted under this subchapter, the:

(A) unassigned medication for respiratory distress policy must comply with TEC § 38.208;

(B) campus must have at least one school personnel or school volunteer authorized and trained to administer unassigned medication for respiratory distress present during regular school hours;

(C) policy must state school personnel or a school volunteer authorized and trained to administer unassigned medication for respiratory distress may administer medication for respiratory distress at a school-sponsored or school-related activity on or off school property; and

(D) school personnel or school volunteer may not be subject to any penalty or disciplinary action for refusing to administer or receive training to administer unassigned medication for respiratory distress, as applicable.

(2) Subject to the availability of funding, a school district, open-enrollment charter school, or private school choosing to voluntarily adopt such a policy must allow for treatment of multiple students and secure or obtain at least:

(A) one MDI with appropriate spacers (valved holding chambers) to accommodate the developmental needs of the student population, or

(B) at least five vials of nebulizer solution with appropriate nebulizer-required equipment to accommodate the developmental needs of the student population.

(b) In the development of an unassigned medication for respiratory distress 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 medication for respiratory distress policy, the policy must include:

(1) the designated campus administrator to coordinate and manage policy implementation, which includes:

(A) conducting a review at the campus to determine the need for additional doses;

(B) training school personnel and school volunteers;

(C) acquiring or purchasing, maintaining, storing, and using unassigned medication for respiratory distress, subject to available campus funding; and

(D) disposing of expired unassigned medication for respiratory distress;

(2) a list of trained and authorized school personnel and school volunteers available to administer unassigned medication for respiratory distress;

(3) the locations of unassigned medication for respiratory distress in compliance with TEC § 38.208;

(4) the procedures for notifying a parent, prescribing authorized healthcare provider, and the student's primary healthcare provider when unassigned medication for respiratory distress is administered;

(5) a plan to check inventory of unassigned medication for respiratory distress for expiration at least twice during the school year, to replace, as soon as reasonably possible, and to document the findings;

(6) a referral process to the student's primary healthcare provider if the student's parent or guardian has not notified the school the student has been diagnosed with asthma, referral must include:

(A) symptoms of respiratory distress observed;

(B) name and dosage of the unassigned medication for respiratory distress administered to the student;

(D) information about the purpose and use of an asthma action plan and medical authorization for schools, including a blank copy of the plan and authorization the provider completes and returns to the school; and

(7) the process for providing information to assist the parent or guardian in selecting a primary healthcare provider for the student if the student received unassigned medication for respiratory distress and does not have a primary healthcare provider or the parent or guardian of the student has not engaged a primary healthcare provider for the student.

(d) An adopted unassigned medication for respiratory distress policy must be publicly available.

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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