Texas - Chronic Conditions—allergy plan: Policy requirement

Area: 
Policy Or Plan Requirements
Policy Type: 
Statute
Summary: 

State law addresses allergy plan.

Texas Education Code Sec. 38.0151. POLICIES FOR CARE OF CERTAIN STUDENTS AT RISK FOR ANAPHYLAXIS.

(a) The board of trustees of each school district and the governing body or an appropriate officer of each open-enrollment charter school shall adopt and administer a policy for the care of students with a diagnosed food allergy at risk for anaphylaxis based on guidelines developed by the commissioner of state health services in consultation with an ad hoc committee appointed by the commissioner of state health services.

(b) A school district or open-enrollment charter school that implemented a policy for the care of students with a diagnosed food allergy at risk for anaphylaxis before the development of the guidelines described by Subsection (a) shall review the policy and revise the policy as necessary to ensure the policy is consistent with the guidelines.


Texas Education Code Sec. 38.015. SELF-ADMINISTRATION OF PRESCRIPTION ASTHMA OR ANAPHYLAXIS MEDICINE BY STUDENTS.

(b) A student with asthma or anaphylaxis is entitled to possess and self-administer prescription asthma or anaphylaxis medicine while on school property or at a school-related event or activity if:

  • (1) the prescription medicine has been prescribed for that student as indicated by the prescription label on the medicine;
  • (2) the student has demonstrated to the student's physician or other licensed health care provider and the school nurse, if available, the skill level necessary to self-administer the prescription medication, including the use of any device required to administer the medication;
  • (3) the self-administration is done in compliance with the prescription or written instructions from the student's physician or other licensed health care provider; and
  • (4) a parent of the student provides to the school:
    • (A) a written authorization, signed by the parent, for the student to self-administer the prescription medicine while on school property or at a school-related event or activity; and
    • (B) a written statement from the student's physician or other licensed health care provider, signed by the physician or provider, that states:
      • (i) that the student has asthma or anaphylaxis and is capable of self-administering the prescription medicine;
      • (ii) the name and purpose of the medicine;
      • (iii) the prescribed dosage for the medicine;
      • (iv) the times at which or circumstances under which the medicine may be administered; and
      • (v) the period for which the medicine is prescribed.
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