(a) Once a school district, open-enrollment charter school, or private school voluntarily adopts an unassigned asthma medication policy, a campus that implements an unassigned asthma medication policy must stock unassigned asthma medication, subject to available funding, as defined by §40.44 of this subchapter (relating to Voluntary Unassigned Asthma Medication Policies).
(b) A campus must obtain a prescription from an authorized healthcare provider each year to stock, possess, and maintain at least two doses of unassigned asthma medication on each campus as described in Texas Education Code §38.208 and any equipment necessary to administer the medication.
  (1) The campus must renew this prescription or obtain a new prescription annually.
  (2) The number of additional doses may be determined by an individual campus review led by an authorized healthcare provider.
(c) An authorized healthcare provider who prescribes unassigned asthma medication under subsection (b) of this section must provide the campus with a standing order for the administration of unassigned asthma medication to a person who:
  (1) is reasonably believed to be experiencing a symptom of asthma; and
  (2) has provided written notification and permission as required by the unassigned asthma medication policy.
(d) The unassigned asthma medication must be stored in accordance with the manufacturer's guidelines and local policy of the school district, open-enrollment charter school, or private school.
(e) Expired unassigned asthma medication 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