Asthma in Schools

Right to Carry and Self Administer Asthma Medication in Schools - Legislation

• 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).
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  (Posted: 11/01/2004 2:00 PM)
   
• 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).
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  (Posted: 11/01/2004 2:00 PM)
   
• 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.
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  (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.
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  (Posted: 11/01/2004 2:00 PM)
   
• 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).
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  (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.
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  (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.
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  (Posted: 11/01/2004 2:00 PM)
   
• 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.
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  (Posted: 11/01/2004 2:00 PM)
   
• 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.
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  (Posted: 11/01/2004 2:00 PM)
   
• Maine.  ME ALS 531 (2004).  Allows students to possess inhalers and self administer asthma medication with written verification provided by both physician and parent.
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  (Posted: 11/01/2004 2:00 PM)
   
• 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.
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  (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.
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  (Posted: 11/01/2004 2:00 PM)
   
• 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.
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  (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.
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  (Posted: 11/01/2004 2:00 PM)
   
• 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.
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  (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.
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  (Posted: 11/01/2004 2:00 PM)
   
• New Mexico.  SB 0275.  Allows students to carry and self-administer asthma medication and emergency anaphylaxis medication.
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  (Posted: 06/20/2005 2:00 PM)
   
• 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.
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  (Posted: 11/01/2004 2:00 PM)
   
• 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)
   
• 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)
   
• 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.
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  (Posted: 11/01/2004 2:00 PM)
   
• Pennsylvania.  HB 1113 (2003).  Directs school districts to develop policies for self administration and possession of certain asthma medications by students.
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  (Posted: 11/01/2004 2:00 PM)
   
• 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.
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  (Posted: 11/01/2004 2:00 PM)
   
• 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)
   
• 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)