"An Act relating to self-administration and documentation of certain types of medication prescribed to a child attending school. "
"Asthma and allergy related illnesses can be potentially life threatening and the current prohibition on self-administration in schools puts children at risk."
- Rep. Meyer
Of the 20 million Americans with asthma, 6.3 million are children under the age of 18. This chronic condition is the cause of 728,000 emergency room visits, 214,000 hospitalizations and 223 deaths annually among children.
The "Asthmatic School-children's Treatment and Health Management Act" passed by Congress in 2004 directed the Secretary of Health and Human Services to give preference when awarding grants to states that authorize the self-administration of medication to treat students' asthma or anaphylaxis. Thirty states have passed legislation to comply with the federal act.
House Bill 85 requires that schools permit students to self-administrate medication for asthma, anaphylaxis. A school must permit self-administration if:
The school receives written authorization from a parent or legal guardian for the self-administration of the medication;
Written certification from a pupil's health care provider;
Release of liability for the school and its employees or agents for injury arising from self-administration.
An agreement to indemnify and hold harmless the school and its employees for claims arising from self-administration.
In return, schools shall provide a written notice to the pupil's parent or guardian of the school's absence of liability related to the self-administration of medication covered by HB 85.
Asthma and allergy related illnesses can be potentially life threatening and the current prohibition on self-administration in schools puts children at risk. HB 85 is an important step toward addressing a major risk to our children's health.