(a) This section shall be known and may be cited as “Alex's Law”.
(b) As used in this section:
(1)
(A) “Medication” means a drug as that term is defined in 21 U.S.C. § 321(g) of the Federal Food, Drug and Cosmetic Act as in existence on January 1, 2005.
(B) “Medication” includes inhaled bronchodilators and auto-injectable epinephrine; and
(2) “Self-administration” means a person's discretionary use of a medication pursuant to a prescription or written direction from a licensed healthcare practitioner.
(c)
(1) The Division of Elementary and Secondary Education shall develop guidelines for use in school districts that allow a student to carry and use an asthma inhaler or auto-injectable epinephrine, or both, while in school, at an on-site school-sponsored activity, or at an off-site school-sponsored activity.
(2)
(A) The procedure shall include at a minimum the following provisions:
(i) The parent or guardian of a student who needs to carry an asthma inhaler or auto-injectable epinephrine, or both, shall provide the school with written authorization for the student to carry an asthma inhaler or auto-injectable epinephrine, or both, on his or her person for use while in school, at an on-site school-sponsored activity, or at an off-site school-sponsored activity; and
(ii) The authorization shall be valid only for the duration of the school year at the school that the student is attending at the time the authorization is provided. The authorization must be renewed for each school year or if the student changes schools in order for the student to carry an asthma inhaler or auto-injectable epinephrine, or both, on his or her person.
(B) The parent or guardian of a student who needs to carry an asthma inhaler or auto-injectable epinephrine, or both, shall provide the school with appropriate medical documentation, which shall include:
(i) Evidence that the asthma inhaler or auto-injectable epinephrine, or both, have been prescribed by a healthcare practitioner with prescriptive privileges;
(ii) Evidence that the student needs to carry the asthma inhaler or auto-injectable epinephrine, or both, on his or her person due to a medical condition; and
(iii) A copy of an individualized healthcare plan for the student.
(C) All medical documentation provided with regard to a student who carries an asthma inhaler or auto-injectable epinephrine, or both, shall be kept on file at the school the student attends in a location that is readily accessible in the event of an asthma or anaphylaxis emergency.
(D) A student's asthma inhaler or auto-injectable epinephrine, or both, shall be supplied by the student's parent or guardian and shall be stored and transported in its original prescription-labeled container.
(E) The student shall demonstrate to the healthcare practitioner who wrote the prescription and the school nurse, if the school nurse is available, the skill level and responsibility necessary to use and administer the asthma inhaler or auto-injectable epinephrine, or both.
(F)
(i) A student with asthma is not required by this section or any related rule or school procedure to carry the student's asthma inhaler or auto-injectable epinephrine, or both, on his or her person.
(ii) If a student with asthma does not carry the student's asthma inhaler or auto-injectable epinephrine, or both, on his or her person, then the student's parent or guardian shall provide the school with appropriate medication in the event of an asthma or anaphylaxis emergency, which shall be immediately available to the student in an emergency.
(G) A student who carries the student's asthma inhaler or auto-injectable epinephrine, or both, on his or her person may provide the school with appropriate medication in the event of an asthma or anaphylaxis emergency, which shall be immediately available to the student in an emergency.
(H) A student is prohibited from sharing, transferring, or in any way diverting his or her own medications to any other person.
(d)
(1) A school district, school district employee, or agent of a school district is not liable for injury to a student caused by his or her use of a prescription inhaler or self-administration of medication.
(2)
(A) Regardless of whether or not a student's parents have signed a waiver of liability, when a school nurse or a school district or public charter school employee who holds a certificate under subsection (f) of this section administers an epinephrine auto-injector to a student whom the school nurse or a school district or public charter school employee in good faith professionally believes is having an anaphylactic reaction or when a school nurse or a school district or public charter school employee administers albuterol to a student who the school nurse or a school district or public charter school employee in good faith professionally believes is in perceived respiratory distress, the following persons are immune from any damage, loss, or liability as a result of an injury arising from the administration of an epinephrine auto-injector or albuterol:
(i) The school district or public charter school;
(ii) The employees and agents of the school district or public charter school; and
(iii) A physician providing a standing protocol or prescription for epinephrine auto-injectors or albuterol maintained at a school.
(B) This subdivision (d)(2) does not provide immunity from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of a person in administering an epinephrine auto-injector or albuterol to a student under this section.
(e)
(1) A school district or public charter school shall adopt a policy to authorize a school nurse or a school district or public charter school employee to:
(A) Provide an epinephrine auto-injector or albuterol to a student that meets the prescription on file or any personnel who holds a certificate under subsections (f) and (g) of this section to administer an epinephrine auto-injector or albuterol to the student;
(B) Administer an epinephrine auto-injector or albuterol that meets the prescription on file to a student who has an individualized healthcare plan that authorizes the use of an epinephrine auto-injector or albuterol;
(C) Administer an epinephrine auto-injector to a student who the school nurse or a school district or public charter school employee who holds a certificate under subsection (f) of this section in good faith professionally believes is having an anaphylactic reaction; and
(D) Administer albuterol to a student who the school nurse or a school district or public charter school employee in good faith professionally believes is in perceived respiratory distress.
(2) A school nurse shall administer an epinephrine auto-injector or albuterol under a standing protocol from a physician licensed to practice medicine in this state.
(3) A school nurse who receives a supply of epinephrine auto-injectors under § 20-13-405 for use at a public school shall maintain the supply of epinephrine auto-injectors at the school in a locked, secure location.
(4) Each school district and public charter school shall develop a health plan to implement a certificate from a licensed physician under subsections (f) and (g) of this section.
(f)
(1) A licensed physician shall issue a certificate under the Insect Sting and Other Allergic Reactions Emergency Treatment Act, § 20-13-401 et seq., authorizing a school nurse or a school district or public charter school employee who is trained in the administration of epinephrine to possess and administer epinephrine.
(2) The certificate shall specify the circumstances under which epinephrine may be administered.
(g)
(1) A physician who is licensed to practice medicine in this state, an advanced practice registered nurse, or a physician assistant may issue a certificate authorizing a school nurse or a school district or public charter school employee who is trained in the administration of albuterol to possess and administer albuterol.
(2) A school district or public charter school may:
(A) Acquire and stock a supply of albuterol as authorized by subdivision (g)(1) of this section; and
(B) Enter into agreements with manufacturers of albuterol to obtain the albuterol free of charge or at fair market or reduced prices.
(3) A school district or public charter school shall designate an employee trained in the possession and administration of albuterol to be responsible for the storage, maintenance, and distribution of albuterol stocked by the school.