FFAC - HEALTH REQUIREMENTS AND SERVICES: MEDICAL TREATMENT

CONSENT TO MEDICAL TREATMENT

The School may consent to medical treatment of a minor student provided all the following conditions are met:

  1. The person having the power to consent as otherwise provided by law cannot be contacted.
  2. Actual notice to the contrary has not been given by that person.
  3. Written authorization to consent has been received from that person.

Family Code 32.001; Acts of the 74th Legislative Session, Ch. 123

FORM OF CONSENT

Consent to medical treatment under this policy shall be in writing, signed by the school official giving consent, and given to the doctor, hospital, or other medical facility that administers the treatment. The consent must contain:

  1. The name of the student.
  2. 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.
  3. The name of the person giving consent and the person's relation to the student.
  4. A statement of the nature of the medical treatment to be given.
  5. The date on which the treatment is to begin.

Family Code 32.002

MINOR'S CONSENT TO TREATMENT

A minor may consent to hospital, medical, surgical, and dental care furnished by a licensed physician, or dentist, if the minor:

  1. Is 16 years of age and residing separate and apart from the minor's parents, managing conservator, or guardian, regardless of the duration of the residence, and is managing his, or her, own financial affairs, regardless of the source of the income; or
  2. Consents to the diagnosis and treatment of any infectious, contagious, or communicable disease required to be reported to the Texas Department of Health, including all sexually transmitted diseases; or
  3. Is unmarried and pregnant, and consents to hospital, medical, or surgical treatment, other than abortion, related to her pregnancy; or
  4. Consents to examination and treatment for chemical addiction, chemical dependency, or any other condition directly related to chemical use.

Family Code 32.003; Planned Parenthood of Cent. Mo. V. Danforth, 96 S. Ct. 2831 (1976); Bellotti v. Baird, 99 S. Ct. 3035 (1979)

ADMINISTERING MEDICATION

Employees of the School may administer medication to the student, provided:

  1. The School has received a written request to administer the medication from the parent, legal guardian, or other person having legal control of the student.
  2. When administering prescription medication, the medication appears to be in the original container and to be properly labeled.
  3. The medication and the directions for administering is provided to individually designated staff members in accord with school procedures implementing this policy.

CIVIL LIABILITY IMMUNITY

The School, the Board, and its employees shall be immune from civil liability for damages or injuries resulting from the administration of medication to a student in accordance with this policy.

Education Code 22.052

STUDENT SELF-MEDICATION

Appropriate students will receive instruction in the nature, purpose, administration, and side effects of medication needed by them. This instruction will be provided by the School's licensed nurses.

Individual students will participate in self-medication programming at levels appropriate to their individual needs and abilities.

SELF- ADMINISTRATION OF ASTHMA MEDICINE

A student with asthma may possess and self-administer prescription asthma medicine while on school property or at a school-related event or activity if:

  1. The medicine has been prescribed for that student as indicated by the prescription label on the medicine;
  2. 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
  3. A parent of the student provides to the school:
    1. Written authorization, signed by the parent, for the student to self-administer the medicine while on school property or at a school-related event or activity; and
    2. A written statement, signed by the student's physician or other licensed health care provider, that states:
      1. That the student has asthma and is capable of self-administering the medicine;
      2. The name and purpose of the medicine;
      3. The prescribed dosage for the medicine;
      4. The times at which or circumstances under which the medicine may be administered; and
      5. The period for which the medicine is prescribed

The physician's statement must be kept on file in the school nurse's office, or, if there is no school nurse, in the office of the principal of the school the student attends.

PROCEDURES

The Superintendent shall develop procedures to implement this policy.

NO WAIVER OF IMMUNITY

The provisions above neither waive any liability or immunity nor create any liability for or a cause of action against the School, the Board, or its employees.

Education Code 38.013

Adopted: 7/13/79

Amended: 1/11/80, 3/9/90, 5/28/92, 9/26/97, 5/28/03

Reviewed:

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