FFAC(LEGAL) - WELLNESS AND HEALTH SERVICES: MEDICAL TREATMENT

Consent to Medical Treatment

  1. The person having the power to consent as otherwise provided by law cannot be contacted.
  2. Actual notice to the contrary has not been given by that per-son.
  3. Written authorization to consent has been received from that person.

Form of Consent

  1. The name of the student.
  2. The name of one or both parents, if known, and the name of the managing conservator or guardian of the student, if either has been appointed.
  3. The name of the person giving consent and the person's relation to the student.
  4. A statement of the nature of the medical treatment to be given.
  5. The date on which the treatment is to begin.

Minor's Consent To Treatment

  1. Is 16 years of age and residing separate and apart from the minor's parents, managing conservator, or guardian, with or without the consent of the parents, conservator, or guardian and regardless of the duration of the residence, and is man-aging his or her own financial affairs, regardless of the source of the income;
  2. Consents to the diagnosis and treatment of any infectious, contagious, or communicable disease required to be reported to the Texas Department of State Health Services (DSHS), including all reportable diseases under Health and Safety Code 81.041;
  3. Is unmarried and pregnant, and consents to hospital, medical, or surgical treatment, other than abortion, related to her pregnancy; or
  4. Consents to examination and treatment for drug or chemical addiction, drug or chemical dependency, or any other condition directly related to drug or chemical use.

Administering Medication

  1. The district has received a written request to administer the medication from the parent, legal guardian, or other person having legal control of the student.
  2. When administering prescription medication, the medication is administered either:
    1. From a container that appears to be the original container and to be properly labeled; or
    2. From a properly labeled unit dosage container filled by a registered nurse or another qualified district employee, as determined by district policy, from a container that appears to be the original container and to be properly labeled.

By Volunteer Professionals

Immunity from Civil Liability

Nursing Peer Review Committees

  1. For vocational nurses, the person regularly employs, hires, or contracts for the services of eight or more nurses; and
  2. For professional nurses, if the person regularly employs, hires, or contracts for the services of eight or more nurses, at least four of whom are registered nurses.

Self-Administration of Asthma or Anaphylaxis Medicine

  1. The 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:
    1. 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
    2. A written statement, signed by the student's physician or other licensed health-care provider, that states:
      1. That the student has asthma or anaphylaxis and is capable of self-administering the medicine;
      2. The name and purpose of the medicine;
      3. The prescribed dosage for the medicine;
      4. The times at which or circumstances under which the medicine may be administered; and
      5. The period for which the medicine is prescribed.

No Waiver of Immunity

Sunscreen Products

Dietary Supplements

  1. Knowingly sells, markets, or distributes a dietary supplement that contains performance enhancing compounds to a primary or secondary education student with whom the employee has contact as part of the employee's school district duties; or
  2. Knowingly endorses or suggests the ingestion, intranasal application, or inhalation of a dietary supplement that contains performance enhancing compounds by a primary or secondary education student with whom the employee has contact as part of the employee's school district duties.

Prescription Medication and Special Education Students

Psychotropics and Psychiatric Evaluations

  1. Recommend that a student use a psychotropic drug; or
  2. Suggest any particular diagnosis; or
  3. Use the refusal by a parent to consent to administration of a psychotropic drug to a student or to a psychiatric evaluation or examination of a student as grounds, by itself, for prohibiting the child from attending a class or participating in a school-related activity.
  1. Prevent an appropriate referral under the Child Find system required under 20 U.S.C. Section 1412, as amended; or
  2. Prohibit a school district employee who is a registered nurse, advanced nurse practitioner, physician, or certified or appropriately credentialed mental health professional from recommending that a child be evaluated by an appropriate medical practitioner; or
  3. Prohibit a school employee from discussing any aspect of a child's behavior or academic progress with the child's parent or another school district employee.

Child Abuse Reporting

  1. Presents a substantial risk of death, disfigurement, or bodily injury to the child; or
  2. Has resulted in an observable and material impairment to the growth, development, or functioning of the child.

Opioid Antagonist Medication

A person or organization acting under a standing order issued by a prescriber may store an opioid antagonist and may distribute an opioid antagonist, provided the person or organization does not request or receive compensation for storage or distribution. Health and Safety Code 483.104

A prescriber may, directly or by standing order, prescribe an opioid antagonist to a person in a position to assist a person experiencing an opioid-related drug overdose. Health and Safety Code 483.102; 22 TAC 170.6

Immunity

A person who, acting in good faith and with reasonable care, administers or does not administer an opioid antagonist to another person whom the person believes is suffering an opioid-related drug overdose is not subject to criminal prosecution, sanction under any professional licensing statute, or civil liability, for an act or omission resulting from the administration of or failure to administer the opioid antagonist. Health and Safety Code 483.106

Note: The following provisions apply only to a district that will adopt an unassigned epinephrine auto-injector policy.

Maintenance and Administration of Epinephrine Auto-Injectors

  1. Must provide that school personnel and school volunteers who are authorized and trained may administer an epinephrine auto-injector to a person who is reasonably believed to be experiencing anaphylaxis on a school campus; and
  2. May provide that school personnel and school volunteers who are authorized and trained may administer an epinephrine auto-injector to a person who is reasonably believed to be experiencing anaphylaxis at an off-campus school event or while in transit to or from a school event.

Definitions

"All Hours the Campus Is Open"

"Campus"

"Unassigned Epinephrine Auto-Injector"

Prompt Notification

Records

Reports

  1. The age of the person who received the administration of the epinephrine auto-injector;
  2. Whether the person who received the administration of the epinephrine auto-injector was a student, a school personnel member or school volunteer, or a visitor;
  3. The physical location where the epinephrine auto-injector was administered;
  4. The number of doses of epinephrine auto-injector administered;
  5. The title of the person who administered the epinephrine auto-injector; and
  6. Any other information required by the commissioner of education.

Personnel or Volunteers

Signed Statement

Training

Standing Orders

Epinephrine Coordinator

Notice to Parents

25 TAC 37.609

Storage

Replacement

Disposal

Gifts, Grants, and Donations

Immunity from Liability

  1. Issuing an order for epinephrine auto-injectors;
  2. Supervising or delegating the administration of an epinephrine auto-injector;
  3. Possessing, maintaining, storing, or disposing of an epinephrine auto-injector;
  4. Prescribing an epinephrine auto-injector;
  5. Dispensing an epinephrine auto-injector;
  6. Administering, or assisting in administering, an epinephrine auto-injector;
  7. Providing, or assisting in providing, training, consultation, or advice in the development, adoption, or implementation of policies, guidelines, rules, or plans; or
  8. Undertaking any other act permitted or required under Education Code Chapter 38, Subchapter E.

Giddings ISD

FFAC(LEGAL)-P

UPDATE 112

DATE ISSUED: 1/11/2019