Legislative Blog
J.B. Williams, J.D.
Schools buying epinephrine auto-injectors and respiratory medications
A Blog about 88th Legislature Laws
A Bit of Background
The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.
Brief Summary of Texas
Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.
Summary of 88th Legislature Laws
The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.
Blog Summary
Ways for school to spend money on medications that may merely be disposed of at a later date. I understand the concern but I also understand that parents or guardians of the students should be aware of possible issues and students should have these items. But perhaps we no longer permit children to have such items in their possession while at school. Something I am not aware of but would believe that children should be stewards of these items when their life is dependent on them.
Schools buying epinephrine auto-injectors and respiratory medications
Published: 2024-03-15
The commissioner of state health services is to establish and advisory committee on the administration of epinephrin auto-injectors for anaphylactic reaction and medication for respiratory distress. They need to advise on a school storing and maintaining such medications; training school personnel in administering; and have a plan for training one or more school personnel for administering the medications/auto-injectors. This is true for higher education as well.
Each school district shall adopt and implement a policy for maintenance, administration, and disposal of medical for respiratory distress at each campus. If the medication is given to a student whose parent or guardian has not notified the school that the student was diagnosed with asthma, then the school must refer the student to the student's primary care provider and inform the parent or guardian. The referral must include the symptoms observed; the name of the medication administered; and any patient care instructions given to the student. If the child does not have a primary care provider the school is to assist the parent in selecting one.
I'm not sure how they are notifying the primary care provider because I don't believe that is information that is provided to the school when the child is enrolled. If it is, that is not a good thing in my opinion. Information that is beyond necessary for a child's enrollment. So if the school doesn't know, do they provide that information to the parent, and ask the parent for the primary care provider information? What if the parent won't provide it? I get them administering the medication if it is truly necessary, but I believe notifying the parent should be all that is needed beyond that. Just wow! I don't think the school needs to be that involved in the child's life. Just one more reason I would never send my child to a public school, and apparently not to a private one if this sort of thing is actually necessary.
The commissioner needs to determine a policy for the maintenance, administration, and disposal of medication for respiratory distress. The amount of training required for school personnel to administer epinephrine auto-injectors or medical for respiratory distress. The commissioner will also set out guidance for the type of medical to be administered based upon review of medical advice. And the epinephrine auto-injectors or medical for respiratory distress must be stored in a secure location and be easily accessible to authorized personnel.
Within 10 days of administering medication for respiratory distress the school shall report the information to the school district, physician who prescribed the medication; and the commissioner. They should include the age of the person who received the medication; whether the person was a student, employee, volunteer or visitor; dosage administered; title of the person who administered it; and any other information the commissioner requires.
Training for school personnel regarding auto-injectors shall include:
- recognizing the signs and symptoms of anaphylaxis;
- administering epinephrine auto-injector;
- implementing emergency procedures, if necessary, post administering auto-injector; and
- proper disposal of used or expired epinephrine auto-injectors
Training for school personnel regarding medication for respiratory distress shall include:
- recognizing the signs and symptoms of respiratory distress;
- administering medication for respiratory distress;
- implementing emergency procedures, if necessary, post administering medication for respiratory distress; and
- proper sanitization, reuse and disposal of medication for respiratory distress
A physician or person delegate prescriptive authority may prescribe epinephrine auto-injectors or medication for respiratory distress in the name of the school. The prescription shall be a standing order for administration, and it need not be patient specific. And a pharmacist may dispense the medication as per the prescription.
If the school district has a policy covering these, then they must notify the parents of each student enrolled there.
A person acting under this act in good faith is immune from civil or criminal liability or disciplinary action.
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