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A81, R95, S144
STATUS INFORMATION
General Bill
Sponsors: Senators Mescher, Short and Rankin
Document Path: l:\s-res\wcm\002prel.jlp.doc
Introduced in the Senate on January 11, 2005
Introduced in the House on March 22, 2005
Last Amended on March 16, 2005
Passed by the General Assembly on May 20, 2005
Governor's Action: May 26, 2005, Signed
Summary: School districts to adopt policy authorizing student to self administer asthma medication
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/15/2004 Senate Prefiled
12/15/2004 Senate Referred to Committee on Education
1/11/2005 Senate Introduced and read first time SJ-151
1/11/2005 Senate Referred to Committee on Education SJ-151
3/15/2005 Senate Committee report: Favorable with amendment Education
SJ-18
3/16/2005 Scrivener's error corrected
3/16/2005 Senate Amended SJ-31
3/16/2005 Senate Read second time SJ-31
3/17/2005 Senate Read third time and sent to House SJ-8
3/17/2005 Scrivener's error corrected
3/22/2005 House Introduced and read first time HJ-4
3/22/2005 House Referred to Committee on Medical, Military, Public and
Municipal Affairs HJ-4
5/18/2005 House Committee report: Favorable Medical, Military, Public
and Municipal Affairs HJ-148
5/19/2005 House Read second time HJ-74
5/19/2005 House Unanimous consent for third reading on next legislative
day HJ-75
5/20/2005 House Read third time and enrolled HJ-6
5/24/2005 Ratified R 95 SJ-28
5/26/2005 Signed By Governor
6/1/2005 Copies available
6/1/2005 Effective date 05/26/05
6/7/2005 Act No. 81
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
12/15/2004
3/15/2005
3/16/2005
3/16/2005-A
3/17/2005
5/18/2005
(A81, R95, S144)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-63-80 AND 59-63-90 SO AS TO REQUIRE EACH SCHOOL DISTRICT TO ADOPT A POLICY REQUIRING A STUDENT WITH SPECIAL HEALTH CARE NEEDS TO HAVE AN INDIVIDUAL HEALTH CARE PLAN, TO PROVIDE FOR THE ELEMENTS OF THE POLICY INCLUDING REQUIRING THE PARENT OF THE STUDENT TO PROVIDE CERTAIN MEDICAL INFORMATION, TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP GUIDELINES FOR REQUIRED COMPONENTS OF A WRITTEN STUDENT INDIVIDUAL HEALTH CARE PLAN, TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP A NOTICE TO BE SENT BY EACH SCHOOL DISTRICT TO ALL PARENTS OR GUARDIANS NOTIFYING THEM OF CERTAIN AVAILABLE SERVICES AND RIGHTS, AND TO DEFINE CERTAIN TERMS; AND TO AMEND SECTION 15-78-60, RELATING TO IMMUNITY, SO AS TO PROVIDE IMMUNITY FROM LIABILITY FOR DISTRICTS AND THEIR EMPLOYEES.
Be it enacted by the General Assembly of the State of South Carolina:
Policy for individual health care plans for certain students
SECTION 1. Article 1, Chapter 63, Title 59 of the 1976 Code is amended by adding:
"Section 59-63-80. (A) As used in this section:
(1) 'medication' is defined as medication prescribed by a health care provider contained in the original packaging with the appropriate pharmacy label or in a secure package containing a note from the prescribing physician or pharmacist that appropriately identifies the medicine;
(2) 'monitoring device' is defined as implements prescribed by a health care provider for monitoring a chronic health condition; and
(3) 'individual health care plan' (IHP) is defined as a plan of care designed specifically for an individual student to provide for meeting the health monitoring and care of the student during the school day or at school-sponsored functions.
(B) Each school district shall adopt a policy requiring that students with special health care needs have individual health care plans. This policy must provide for the authorization of a student to self-monitor and self-administer medication as prescribed by the student's health care provider unless there is sufficient evidence that unsupervised self-monitoring or self-medicating would seriously jeopardize the safety of the student or others. The policy must include, but is not limited to:
(1) a requirement that the student's parent or legal guardian provide to the school:
(a) written authorization from the parent or legal guardian for the student to self-monitor and self-administer medication; and
(b) a written statement from the student's health care practitioner who prescribed the medication verifying that the student has a medical condition and has been instructed and demonstrates competency in self-monitoring or self-administration of medications, or both.
(2) authorization for a student to possess on his person and administer medication while:
(a) in the classroom and in any area of the school or school grounds;
(b) at a school-sponsored activity;
(c) in transit to or from school or school-sponsored activities; or
(d) during before-school or after-school activities on school-operated property.
(C) The statements required in subsection (B)(1) must be kept on file in the office of the school nurse or school administrator.
(D)(1) The State Department of Education shall develop guidelines for required components of a written student individual health care plan which must be developed with input from and with the approval of:
(a) the student's health care practitioner who prescribed the medication;
(b) the parent or legal guardian;
(c) the student, if appropriate; and
(d) the school nurse or other designated school staff member.
(2) If a student qualifies for a Federal 504 medical accommodations plan, that process must meet the requirements for the state-required individual health plan.
(3) The parent or guardian and the student, if appropriate, shall authorize the school to share the student's individual health care plan with school staff who have a legitimate need for knowledge of the information.
(E) All medication authorized to be carried by the student must be maintained in a container appropriately labeled by the pharmacist who filled the prescription.
(F) A student's permission to self-monitor or self-administer medication may be revoked if the student endangers himself or others through misuse of the monitoring device or medication.
(G) The permission for self-monitoring or self-administration of medication is effective for the school year in which it is granted and must be renewed each school year upon fulfilling the requirements of this section.
(H) A parent or guardian shall sign a statement acknowledging that:
(1) the school district and its employees and agents are not liable for an injury arising from a student's self-monitoring or self-administration of medication;
(2) the parent or guardian shall indemnify and hold harmless the district and its employees and agents against a claim arising from a student's self-monitoring or self-administration of medication.
Section 59-63-90. The State Department of Education shall develop a notice to be sent by each school district to all parents or legal guardians that notifies them of available services and rights pursuant to Section 504 of the Rehabilitation Act of 1973, the IDEA, and medical homebound regulations at the beginning of the school year."
Immunity from liability for districts and employees
SECTION 2. Section 15-78-60 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) an injury a student may sustain as a result of self-monitoring or self-administering medications or for an injury that a student may sustain from taking or using medications or self-monitoring devices for which the student does not have a prescription or does not have authorization by the school district."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 24th day of May, 2005.
Approved the 26th day of May, 2005.
This web page was last updated on Friday, December 4, 2009 at 3:27 P.M.