(a) An institution of higher education (institution) shall obtain a prescription from an authorized healthcare provider each year to stock, possess, and maintain at least one unassigned adult epinephrine auto-injector pack (two doses) on each institution's campus as described in Texas Education Code, §51.885 and Texas Health and Safety Code, §773.0145. The number of additional adult packs may be determined by an individual campus assessment led by an authorized health-care provider, based on available resources.
(b) An institution performing an assessment may consider:
  (1) consultation with campus police, office of risk management, office of food services, office of housing, office of health services, or any department involved with student well-being;
  (2) campus geography, including high risk areas; and
  (3) student population size.
(c) In development of an epinephrine auto-injector policy, an institution shall include:
  (1) a designated campus department to coordinate and manage policy implementation that includes:
    (A) conducting an assessment;
    (B) training of institution personnel;
    (C) acquiring or purchasing, storing, and using unassigned epinephrine auto-injectors; and
    (D) disposing of expired unassigned epinephrine auto-injectors;
  (2) personnel who can be trained to administer unassigned epinephrine auto-injectors;
  (3) locations of unassigned epinephrine auto-injectors;
  (4) procedures for notifying local emergency medical services when a person is suspected of experiencing anaphylaxis and when an epinephrine auto-injector is administered; and
  (5) a plan to replace, as soon as reasonably possible, any unassigned epinephrine auto-injector that is used or close to expiration.
(d) The policy and the locations of the unassigned epinephrine auto-injector must be publicly available, and the unassigned epinephrine auto-injector must be stored in accordance with the manufacturer's guidelines.
(e) Each public institution of higher education's policy must be submitted to the Department of State Health Services (DSHS) in accordance with the DSHS procedure.

Source Note: The provisions of this §40.5 adopted to be effective March 25, 2020, 45 TexReg 1996