Section 40.25 - Maintenance, Administration, and Disposal of Unassigned Epinephrine Auto-Injectors(a) A youth facility (facility) shall stock at least one unassigned pediatric epinephrine auto-injector pack (two doses) and one adult epinephrine auto-injector pack (two doses). The number of additional pediatric and adult packs may be determined by a facility assessment led by an authorized health-care provider, based on available resources, in accordance with this subchapter.(b) A facility with greater than 100 youth and staff that voluntarily adopts an unassigned epinephrine auto-injector policy shall conduct an assessment to determine the minimum number of additional unassigned epinephrine auto-injectors and may consider as a part of an assessment: (1) consultation with administrators, office of risk management, food services management, or any department involved with public well-being;(2) facility geography, including high risk areas where food exposure or environmental trigger exposure may occur;(3) enrollment limit and number of personnel; and(4) the number of youth with an identified allergy.(c) An unassigned epinephrine auto-injector policy shall include: (1) a designated administrator to coordinate and manage policy implementation;(2) an assessment, if greater than 100 youth and staff;(3) a training policy for personnel that is consistent with § 40.22 of this subchapter (relating to Training);(4) a requirement to obtain a prescription from an authorized healthcare provider each year to stock, possess, and maintain the minimum number of unassigned epinephrine auto-injectors, described in § 40.20 of this subchapter (relating to Applicability), to be dispensed by an authorized pharmacy, as defined by Texas Occupations Code, Chapter 560, §560.001;(5) a requirement to obtain a standing order designating how and when to administer an unassigned epinephrine auto-injector;(6) the number of unassigned epinephrine auto-injectors at the facility;(7) a process to verify the inventory of unassigned epinephrine auto-injectors at regular intervals for expiration and replacement;(8) a plan to replace, as soon as reasonably possible, any unassigned epinephrine auto-injector when used or close to expiration;(9) a requirement that the unassigned epinephrine auto-injectors be stored according to manufacturer's instructions;(10) designation of one or more secure and easily-accessible locations to store unassigned epinephrine auto-injectors; and(11) procedures for notifying local emergency medical services when a person is suspected of experiencing anaphylaxis and when an epinephrine auto-injector is administered.(d) If a facility implements an unassigned epinephrine auto-injector policy under this subchapter, the facility must provide written or electronic notice to a parent or guardian of each youth enrolled within 15 calendar days.(e) If a facility changes or discontinues the policy adopted under this subchapter, the facility must provide a written or electronic notice detailing the change or discontinuation to a parent or guardian of each youth within 15 calendar days of the change or discontinuation.25 Tex. Admin. Code § 40.25
Adopted by Texas Register, Volume 46, Number 06, February 5, 2021, TexReg 0918, eff. 2/9/2021