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

Consent to Medical Treatment

The person having the power to consent as otherwise provided by law cannot be contacted.

Actual notice to the contrary has not been given by that per-son.

Written authorization to consent has been received from that person.

Family Code 32.001(a)(4)

Form of Consent

The name of the student.

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.

The name of the person giving consent and the person's relation to the student.

A statement of the nature of the medical treatment to be given.

The date on which the treatment is to begin.

Family Code 32.002

Minor's Consent To Treatment

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;

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, including all reportable diseases under Health and Safety Code 81.041;

Is unmarried and pregnant, and consents to hospital, medical, or surgical treatment, other than abortion, related to her pregnancy; or

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.

Family Code 32.003; Planned Parenthood of Cent. Mo. v. Danforth, 428 U.S. 52 (1976); Bellotti v. Baird, 443 U.S. 622 (1979)

Administering Medication

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.

When administering prescription medication, the medication is administered either:

From a container that appears to be the original container and to be properly labeled; or

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

Education Code 22.052(a), (b)

Self- Administration of Asthma or Anaphylaxis Medicine

The medicine has been prescribed for that student as indicated by the prescription label on the medicine;

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;

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

A parent of the student provides to the school:

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

A written statement, signed by the student's physician or other licensed health-care provider, that states:

That the student has asthma or anaphylaxis and is capable of self-administering the medicine;

The name and purpose of the medicine;

The prescribed dosage for the medicine;

The times at which or circumstances under which the medicine may be administered; and

The period for which the medicine is prescribed.

No Waiver of Immunity

Education Code 38.015

Sunscreen Products

Dietary Supplements

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

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.

Education Code 38.011(a), (c)

Prescription Medication and Special Education Students

20 U.S.C. 1412(a)(25)

Psychotropics and Psychiatric Evaluations

Recommend that a student use a psychotropic drug; or

Suggest any particular diagnosis; or

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.

Prevent an appropriate referral under the Child Find system required under 20 U.S.C. Section 1412, as amended; or

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

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.

Education Code 38.016

Maintenance and Administration of Epinephrine Auto-Injectors

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

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.

Education Code 38.208

Reports

The age of the person who received the administration of the epinephrine auto-injector;

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;

The physical location where the epinephrine auto-injector was administered;

The number of doses of epinephrine auto-injector administered;

The title of the person who administered the epinephrine auto-injector; and

Any other information required by the Commissioner.

Education Code 38.209

Training

Education Code 38.210

Standing Orders

Notice to Parents

Gifts, Grants, and Donations

Immunity from Liability

Issuing an order for epinephrine auto-injectors;

Supervising or delegating the administration of an epinephrine auto-injector;

Possessing, maintaining, storing, or disposing of an epinephrine auto-injector;

Prescribing an epinephrine auto-injector;

Dispensing an epinephrine auto-injector;

Administering, or assisting in administering, an epinephrine auto-injector;

Providing, or assisting in providing, training, consultation, or advice in the development, adoption, or implementation of policies, guidelines, rules, or plans; or

Undertaking any other act permitted or required under Education Code Chapter 38, Subchapter E.

Education Code 38.215

Tahoka ISD

FFAC(LEGAL)-P

UPDATE 103

DATE ISSUED: 9/28/2015