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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-63-80 AND 59-63-90 TO REQUIRE SCHOOL DISTRICTS TO ADOPT A POLICY AUTHORIZING A STUDENT TO SELF ADMINISTER ASTHMA MEDICATION, TO PROVIDE FOR THE ELEMENTS OF THE POLICY INCLUDING REQUIRING THE PARENT OF THE STUDENT TO PROVIDE CERTAIN MEDICAL INFORMATION, AND TO AMEND SECTION 15-78-60; BY PROVIDING IMMUNITY FROM LIABILITY FOR DISTRICTS AND THEIR EMPLOYEES.
Be it enacted by the General Assembly of the State of South Carolina:
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 'asthma medication' includes a prescribed, inhaled asthma medication and a prescribed epinephrine auto-injector. 'Anaphylaxis medication' means a prescribed epinephrine auto-injector or inhaler used to treat anaphylaxis.
(B) Each school district shall adopt a policy authorizing a student to self-administer asthma medication and to possess on his or her person at all times an epinephrine auto-injector or inhaler to treat anaphylaxis. The policy must include, but is not limited to:
(1) a requirement that the student's parent or guardian provide to the school:
(a) written authorization for the student to self-administer asthma medication and/or an epinephrine auto-injector or inhaler to treat anaphylaxis; and
(b) a written statement from the student's health care practitioner who prescribed the asthma medication and/or an epinephrine auto-injector or inhaler to treat anaphylaxis verifying that the student has asthma and/or an allergy that could result in an anaphylactic reaction and has been instructed in self-administration of asthma medications and an epinephrine auto-injector or inhaler to treat anaphylaxis;
(2) authorization for a student to possess on his or her person and administer asthma medication and/or an epinephrine auto-injector or inhaler to treat anaphylaxis 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 a written student asthma management plan and for a written student anaphylaxis plan, which must be signed by:
(a) the student's health care practitioner who prescribed the asthma medication and/or an epinephrine auto-injector or inhaler to treat anaphylaxis;
(b) the school nurse or other school staff;
(c) the parent or guardian; and
(d) the student, if appropriate.
(2) The management plan for the epinephrine auto-injector must be established and approved through the school district's process pursuant to Section 504 of the Rehabilitation Act of 1973.
(3) The parent or guardian and the student, if appropriate, shall authorize the school to share the student's asthma management plan and/or the student's anaphylaxis management plan with school staff who have a legitimate need for knowledge of the information.
(E) Asthma medication and/or an epinephrine auto-injector or inhaler to treat anaphylaxis 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-administer asthma medication and/or an epinephrine auto-injector or inhaler to treat anaphylaxis may be revoked if the student endangers himself or others through misuse of the asthma medication and/or an epinephrine auto-injector or inhaler to treat anaphylaxis.
(G) The permission for self-administration of asthma medication and/or an epinephrine auto-injector or inhaler to treat anaphylaxis 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-administration of asthma medication and/or an epinephrine auto-injector or inhaler to treat anaphylaxis;
(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-administration of asthma medication and/or an epinephrine auto-injector or inhaler to treat anaphylaxis.
Section 59-63-90. The State Department of Education shall develop a notice to be sent to the parents or guardians of all students that notifies them of the right of students with qualifying disabilities to accommodation plans pursuant to Section 504 of the Rehabilitation Act of 1973. Each school district in the State shall be responsible for ensuring that this notice is sent at the beginning of every school year to the parent or guardian of every student in the district."
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-administering asthma medications and/or an epinephrine auto-injector or inhaler to treat anaphylaxis or for an injury that a student may sustain from taking or using asthma medications and/or an epinephrine auto-injector or inhaler to treat anaphylaxis for which the student does not have a prescription or does not have authorization by the school district."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Tuesday, June 23, 2009 at 2:13 P.M.