A. Notwithstanding the provisions of Section 1-116.2 of this title, the board of education of each school district shall adopt a policy on or before September 1, 2008, that permits the self-administration of inhaled asthma medication by a student for treatment of asthma and the self-administration of anaphylaxis medication by a student for treatment of anaphylaxis. The policy shall require:

1. 1. The parent or guardian of the student to authorize in writing the student’s self-administration of medication;
2. 2. The parent or guardian of the student to provide to the school a written statement from the physician treating the student that the student has asthma or anaphylaxis and is capable of, and has been instructed in the proper method of, self-administration of medication;
3. 3. The parent or guardian of the student to provide to the school an emergency supply of the student’s medication to be administered pursuant to the provisions of Section 1-116.2 of this title;
4. 4. The school district to inform the parent or guardian of the student, in writing, that the school district and its employees and agents shall incur no liability as a result of any injury arising from the self-administration of medication by the student; and
5. 5. The parent or guardian of the student to sign a statement acknowledging that the school district shall incur no liability as a result of any injury arising from the self-administration of medication by the student.

B. As used in this section:

1. 1. "Medication" means a metered dose inhaler or a dry powder inhaler to alleviate asthmatic symptoms, prescribed by a physician and having an individual label, or an anaphylaxis medication used to treat anaphylaxis, including but not limited to Epinephrine injectors, prescribed by a physician and having an individual label; and
2. 2. "Self-administration" means a student’s use of medication pursuant to prescription or written direction from a physician.

D. A student who is permitted to self-administer asthma or anaphylaxis medication pursuant to this section shall be permitted to possess and use a prescribed inhaler or anaphylaxis medication, including but not limited to an Epinephrine injector, at all times.

Historical Data Added by Laws 2003, SB 343, c. 143, § 1, emerg. eff. April 28, 2003; Amended by Laws 2008, HB 2239, c. 271, § 1, emerg. eff. May 27, 2008 (superseded document available).