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Asthma in Schools
Right to Carry and Self Administer Asthma Medication in Schools - Legislation
The following material lists selected asthma related legislative measures
addressing the right to self administer asthma medication and carry inhalers in
schools. The material provided is not a comprehensive listing of all
asthma related legislation, but is being provided as a sample. For the
most current status and comprehensive listing of State asthma related
legislation, refer to the corresponding State Legislatures home page. For the
most current status on Federal asthma related legislation, visit Thomas at
http://thomas.loc.gov/. Additional
asthma related information can be found by visiting the National Center for
Environmental Health web page at: http://www.cdc.gov/asthma/default.htm.
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Federal. H.R. 2023. Asthmatic Schoolchildren's Treatment and Health Management
Act of 2004. Gives preference to States that require schools to allow students
to self-administer medication to treat a student's asthma and for other
purposes. Sponsor: Rep. Stearns, Cliff [FL]. (Passed by both House and Senate
10/11/2004).
(
PDF file)
(Posted: 11/01/2004 2:00 PM)
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Alabama. SB129.
Allows students to carry and self administer asthma
medications, and protects school personnel from liability.
Sponsor: Sen. V. Figures (Introduced 3/4/2003).
(
PDF file)
(Posted: 11/01/2004 2:00 PM)
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Alabama.
Code of Alabama 16-1-39 (2004). Authorizes self
administration of asthma medication by students with written parental
authorization, and written authorization from physician.
(
Web link)
(Posted: 11/01/2004 2:00 PM)
-
California.
Cal Education Code 49423 (2004). Allows for pupils to carry and
self administer medication by providing written statements from both physician
and parent.
(
Web link)
(Posted: 11/01/2004 2:00 PM)
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California. AB 2132. Amends California Education Code 49423 and authorizes
pupils to carry and self administer asthma medication. Sponsor: Asm. S. Reye,
Related bill: SB 1912. (Chaptered 9/28/04).
(
Web link)
(Posted: 11/01/2004 2:00 PM)
-
Florida.
1002.20(3)(h) (2004). Permits asthmatic students to self
administer medication and carry inhalers while in school. A copy of a written
approval from both the physician and parent must be furnished to the school's
principal.
(
Web link)
(Posted: 11/01/2004 2:00 PM)
-
Georgia.
OCGA 20-2-774 (2004). A statute authorizing students
to self administer asthma medication, pursuant to local adopted school policies.
(
Web link)
(Posted: 11/01/2004 2:00 PM)
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Illinois. ILCS 105 5 22-30 (2004). Permits students with asthma
to self administer asthma medication in school with written authorization
provided by both physician and parent.
(
PDF file)
(Posted: 11/01/2004 2:00 PM)
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Kentucky. KRS TITLE XIII 158.834 (2004). Allows a student to
possess and administer asthma medication with written authorization from the
student's health provider. A copy of a signed waiver from the guardian
acknowledging that the school will not be held liable in any claims relating to
the self administration of medicines to treatment asthma or asthma related
illnesses must be furnished to the school.
(
PDF file)
(Posted: 11/01/2004 2:00 PM)
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Maine. ME ALS 531 (2004). Allows students to possess inhalers
and self administer asthma medication with written verification provided by both
physician and parent.
(
Web link)
(Posted: 11/01/2004 2:00 PM)
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Massachusetts. ALM GL Chapt 71 54B. Mandates that the
department of public health shall disseminate regulations concerning the
administration of prescription medications, and allows students with asthma and
other respiratory diseases to possess and self administer prescription
medication in accordance with the department of public health regulations.
(
Web link)
(Posted: 11/01/2004 2:00 PM)
-
Michigan.
MCLS 380-1179 (2004). Permits school children to
carry inhalers and self administer medication if they suffer from asthma,
providing written approval from a physician and parent is given to the school.
(
PDF file)
(Posted: 11/01/2004 2:00 PM)
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Minnesota.
Minn Stat 121A.22 (2003). Allows pupils to possess and
self administer prescribed asthma medication if school personnel has received
written authorization from the pupil's parent permitting the student to
self-administer and the inhaler is properly labeled.
(
Web link)
(Posted: 11/01/2004 2:00 PM)
-
Mississippi.
MS Code Ann 41-79-31 (2004). Permits self
administration of a prescribed medication by a student school personnel have
been provided with written authorization from the parent and the student's
health practitioner.
(
Web link)
(Posted: 11/01/2004 2:00 PM)
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Missouri. RS MO TITLE 11 167 627 (2003). Allows school board
to permit students to self carry and self administer if they suffer from asthma
or other potentially life threatening respiratory conditions. A written
approval from physician and parent is required.
(
Web link)
(Posted: 11/01/2004 2:00 PM)
-
New Jersey. NJAC 6A:16-1.4. Requires education boards to
develop policies for the self administration of asthma medication through the
use of an inhaler while at school. Written consent from the attending physician
and parent is required.
(
Web link)
(Posted: 11/01/2004 2:00 PM)
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New Mexico. SB 0275.
Allows students to carry and self-administer asthma medication
and emergency anaphylaxis medication.
(
PDF file)
(Posted: 06/20/2005 2:00 PM)
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New York. NY Educ Law Article 19 Sec 916.
Permits students to
carry and use prescribed asthma inhaler during the school with written
permission from health care provider and parent.
(
Web link)
(Posted: 11/01/2004 2:00 PM)
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Ohio.
Ohio Rev Code Ann 3313.716 (2004). Provides guidelines and
conditions for students' to possess and use asthma inhalers while in school.
Requires written permission from health care provider and parent are required.
Provide school employees immunity from liability for damages in a civil action
for injury, death, or loss to person or property if all conditions have been
satisfied.
(
Web link)
(Posted: 11/01/2004 2:00 PM)
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Oklahoma. OK 70-1-116.3.
Requires school districts to adopt of policy that
permits administration of inhaled asthma medication by a student, and requires
authorization from a parent, and a written statement from the treating physician
stating that the student is capable of self administering the medication.
(
Web link)
(Posted: 11/01/2004 2:00 PM)
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Oregon.
OAR 581-021-0037 (1999).
Instructs school districts to develop
guidelines for self-medication of prescribed or non prescribed medication by a
student with written permission from a parent and instructions from a physician.
(
Web link)
(Posted: 11/01/2004 2:00 PM)
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Pennsylvania.
HB 1113 (2003). Directs school districts to develop policies
for self administration and possession of certain asthma medications by
students.
(
Web link)
(Posted: 11/01/2004 2:00 PM)
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Rhode Island.
Section 18.0 Rules and Regulations for School Health.
Requires public schools to establish procedures for permitting students to self
- carry and self-administer prescribed medication during school and at school
functions off site with written authorization by parent.
(
PDF file)
(Posted: 11/01/2004 2:00 PM)
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Tennessee. Tenn. Pub. Act 493 (2004). Permits self administration of asthma
medication and possession of asthma reliever inhalers at schools with parent
written consent and specific instructions regarding the prescribed medication.
(
PDF file)
(Posted: 11/01/2004 2:00 PM)
-
Virginia.
s.22.1-274.2 (2000). Requires school board to establish and
develop policies allowing students with asthma to possess and self administer
inhaler medication during the school ay and at school sponsored events with
written consent from parent and primary care physician.
(
Web link)
(Posted: 11/01/2004 2:00 PM)
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Wisconsin. WI Stat 118.291. Permits students with asthma to carry and use
asthma medication and inhaler in school and at school sponsored activities with
written permission for a parent and physician and given to the principal.
(
PDF file)
(Posted: 11/01/2004 2:00 PM)
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