Asthma Inhalers
January 09, 2008
August 20, 2001
TO THE SUPERINTENDENT ADDRESSED:
Subject: Self-administration of prescription asthma inhalers
House Bill (HB) 1688 recently passed by the 77th Legislature and signed into law by Governor Perry, allows a student with asthma to possess and self-administer prescription asthma medicine.
A student may possess and self-administer asthma medicine on school property or at a school-related event if the student has written permission from the student's parent and the student's physician or licensed health care provider. HB 1688 defines parent to include a person standing in parental relation. A natural or adoptive parent, legal guardian, foster parent, surrogate parent under IDEA, a person having control of a child under a court order, or other person the district recognizes to make decisions for the student would qualify as a parent under HB 1688. A student 18 years of age may give permission for himself to use an asthma inhaler. The student's physician statement must be kept on file in the school nurse's office of the campus the student attends. If there is no school nurse, the statement must be kept in the office of the principal of the campus the student attends.
HB 1688 creates an exception to the mandatory discipline provisions in Chapter 37 of the Texas Education Code related to possession and usage of a controlled substance. Students may not be removed or expelled from school for possession and self-administering prescription asthma medications as long as the procedures set out in HB 1688 are followed.
Attached is a list of guidelines required by HB 1688 for students, parents and schools to follow. If you would like a copy of HB 1688, you may obtain a copy on-line at the following address: http://www.capitol.state.tx.us . if you have any question about this legislation, please contact the Division of Governmental Relations at (512) 463-9682.
Sincerely Yours,
Jim Nelson
Commissioner of Education
Guidelines for House Bill 1688
A student with asthma is entitled to possess and self-administer prescription asthma medicine while on school property or at a school related event or activity if:
- The prescription asthma medicine has been prescribed for the student as indicated by the prescription label on the medicine;
- The self-administration is done in compliance with the prescription or written instructions from the student's physician or other licensed health care provider;
- A parent of the student provides the school a written authorization, signed by the parent, for the student to self-administer prescription asthma medicine; and
- A parent of the student provides to the school a written statement from the student's physician or other licensed health care provider, signed by the physician or provider that states:
- That the student has asthma and is capable of self-administering the prescription asthma medication;
- The name and purpose of the medicine;
- The prescribed dosage for the medicine;
- The time at which or circumstances under which the medicine may be administered; and
- The period for which the medicine is prescribed.
The physician's statement must be kept on file in the office of the school nurse of the campus the student attends or, if there is not a school nurse, in the office of the principal of the campus the student attends. A person standing in parental relation to a student or the student himself, if over the age of 18, may give permission to use an asthma inhaler under these guidelines.
