SECTION 40.42. Definitions  


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  • The following terms and phrases, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

    (1) Authorized healthcare provider--A physician, as defined in Texas Education Code, §38.201, or person who has been delegated prescriptive authority by a physician under Texas Occupations Code Chapter 157.

    (2) Campus--A geographic unit of a school district, open-enrollment charter school, or private school that:

    (A) has an assigned administrator;

    (B) has enrolled students who are counted for average daily attendance;

    (C) has assigned instructional staff;

    (D) provides instructional services to students;

    (E) has one or more grades in the range from early childhood education through grade 12 or is ungraded; and

    (F) is subject to Texas laws.

    (3) School nurse--Registered nurse, as defined in 19 TAC §153.1022 (relating to Minimum Salary Schedule for Certain Professional Staff), authorized to administer asthma medication, or licensed vocational nurse working under supervision as described in Texas Occupations Code §301.353.

    (4) Unassigned asthma medication--A fast acting bronchodilator delivered by metered dose inhaler with single use spacer or by nebulizer as a rescue medication, prescribed by an authorized healthcare provider in the name of the school district, open-enrollment charter school, or private school, issued with a non-patient-specific standing delegation order for the administration of an asthma medication, and issued by an authorized healthcare provider.

Source Note: The provisions of this §40.42 adopted to be effective February 18, 2021, 46 TexReg 1064