§ 1387. Possession and self-administration of emergency medication

(a) Pursuant to the requirements of this section, each public and approved independent school in the State shall permit students with life-threatening allergies or with asthma to possess and self-administer emergency medication at school, on school grounds, at school-sponsored activities, on school-provided transportation, and during school-related programs.

(b) In each school year for which possession and self-administration of emergency medication is requested, the student’s parent or guardian shall provide the school with:

(1) written authorization, on a form to be provided by the school, for the student to possess and self-administer emergency medication;

(2) written documentation from the student’s physician:

(A) stating that the student has one or more life-threatening allergies or asthma, or both;

(B) providing the name of the emergency medication, the dosage, and the times and circumstances under which the medication is to be taken;

(C) affirming that the student:

(i) is capable of, and has been instructed by the physician in, the proper method of self-administration of the emergency medication;

(ii) has been advised of possible side-effects of the medication;

(iii) has been informed of when and how to access emergency services.

(c) In each school year for which possession and self-administration of emergency medication is requested, the student’s parent or guardian shall develop, in consultation with the school nurse or the designated health care staff at an approved independent school, a plan of action regarding responding to the student’s life-threatening allergy or allergies or asthma. The plan of action shall be based upon the written documentation provided by the student’s physician and shall include the name of each emergency medication, the dosage, and the times and circumstances under which the medication is to be taken. The written plan shall prominently state that the medication is solely for the use of the student covered by the plan. The parties developing the plan of action shall determine both to whom the plan, or notification of the plan, shall be given and the person or persons responsible for distribution or notification. The plan may include a requirement that the student notify a school employee or agent after self-administering emergency medication. The written plan shall become part of the student’s health records maintained by the school.

(d) The student’s parent or guardian shall sign a statement on a form to be provided by the school releasing the school and its employees and agents, including volunteers, from liability as a result of any injury arising from the student’s self-administration of the emergency medication, except when the conduct of the school, school employee, or agent would constitute gross negligence, recklessness, or intentional misconduct.

(e) Nothing in this section shall prohibit a public school district or an approved independent school from adopting school policies and individual plans of action regarding the possession and self-administration of emergency medication for medical conditions other than asthma and life-threatening allergies. (Added 2007, No. 175 (Adj. Sess.), § 1.)