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COMMITTEE AMENDMENT ADOPTED AND AMENDED
March 16, 2005
S. 144
S. Printed 3/16/05--S.
Read the first time January 11, 2005.
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.
Amend Title To Conform
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:
(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) 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."
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."
SECTION 3. This act takes effect upon approval by the Governor.
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