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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/RULE §40.45 - Prescription, Administration, and Disposal of Unassigned Medications for Respiratory Distress
Chapter Review Date 05/09/2024

(a) Once a school district, open-enrollment charter school, or private school voluntarily adopts an unassigned medication for respiratory distress policy, any campus that implements an unassigned medication for respiratory distress policy must stock unassigned medication for respiratory distress, subject to available funding, as defined by §40.44 of this subchapter (relating to Voluntary Unassigned Medication for Respiratory Distress Policies).(b) A campus must obtain a prescription from an authorized healthcare provider to stock, possess, and maintain unassigned medication for respiratory distress at each campus as described in TEC §38.208 and any equipment necessary to administer the medication.(1) The campus must renew this prescription or obtain a new prescription annually.(2) In addition to the minimum number of doses as defined by §40.44 of this subchapter, the number of additional doses may be determined by an individual campus review led by an authorized healthcare provider.(c) An authorized healthcare provider prescribing unassigned medication for respiratory distress under subsection (b) of this section must provide the campus with a standing order for the administration of unassigned medication for respiratory distress to a person experiencing respiratory distress.(d) The unassigned medication for respiratory distress must be stored in accordance with the manufacturer's guidelines and local policy of the school district, open-enrollment charter school, or private school. The location of medication for respiratory distress at each campus must be secure and easily accessible to authorized school personnel and school volunteers.(e) Expired unassigned medication for respiratory distress 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.

Source Note: The provisions of this §40.45 adopted to be effective February 18, 2021, 46 TexReg 1064; amended to be effective February 19, 2025, 50 TexReg 859.

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