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S. 604
STATUS INFORMATION
General Bill
Sponsors: Senator Mescher
Document Path: l:\council\bills\nbd\11592ac03.doc
Introduced in the Senate on April 16, 2003
Introduced in the House on March 18, 2004
Last Amended on March 17, 2004
Currently residing in the House Committee on Medical, Military, Public and Municipal Affairs
Summary: School districts, asthma policy
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
4/16/2003 Senate Introduced and read first time SJ-20
4/16/2003 Senate Referred to Committee on Education SJ-20
3/11/2004 Senate Committee report: Favorable with amendment Education
SJ-13
3/16/2004 Senate Amended SJ-12
3/16/2004 Senate Read second time SJ-12
3/16/2004 Senate Ordered to third reading with notice of amendments SJ-12
3/17/2004 Senate Amended SJ-41
3/17/2004 Senate Read third time and sent to House SJ-41
3/18/2004 House Introduced and read first time HJ-5
3/18/2004 House Referred to Committee on Medical, Military, Public and
Municipal Affairs HJ-6
5/19/2004 House Committee report: Favorable with amendment Medical,
Military, Public and Municipal Affairs HJ-7
5/24/2004 Scrivener's error corrected
5/25/2004 House Objection by Rep. Hayes, EH Pitts, Kennedy, Walker,
Anthony, Miller, Moody-Lawrence, Govan, J Hines, JH
Neal, Weeks, Phillips, and Hosey HJ-68
5/27/2004 House Debate adjourned until Tuesday, June 1, 2004
6/1/2004 House Objection withdrawn by Rep. Walker HJ-28
6/1/2004 House Recommitted to Committee on Medical, Military, Public
and Municipal Affairs HJ-42
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
4/16/2003
3/11/2004
3/16/2004
3/17/2004
5/19/2004
5/24/2004
COMMITTEE REPORT
May 19, 2004
S. 604
S. Printed 5/19/04--H. [SEC 5/24/04 2:31 PM]
Read the first time March 18, 2004.
To whom was referred a Bill (S. 604) to amend the Code of Laws of South Carolina, 1976, by adding Section 59-63-80 so as to require school districts to adopt a policy authorizing a student, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/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. 'Diabetes medication and testing supplies' means prescribed testing equipment and supplies, oral medication, and any insulin delivery system used to treat hypoglycemia and hyperglycemia. '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/or attend to the care and management of the student's diabetes and to possess on his or her person at all times all necessary diabetes medication and testing supplies and equipment to perform diabetes monitoring and treatment functions and/or 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 diabetes medication and testing supplies 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 diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis verifying that the student has asthma and/or diabetes and/or an allergy that could result in an anaphylactic reaction and has been instructed in self-administration of asthma medications and/or in self-administration of diabetes medication and testing supplies and/or 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 diabetes medication and testing supplies 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;
(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, a written student diabetes 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 diabetes medication and testing supplies 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 diabetes 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 diabetes medication and testing supplies 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 diabetes medication and testing supplies 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 diabetes medication and testing supplies and/or an epinephrine auto-injector or inhaler to treat anaphylaxis.
(G) The permission for self-administration of asthma medication and/or diabetes medication and testing supplies 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 diabetes medication and testing supplies 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 diabetes medication and testing supplies 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, as last amended by Act 407 of 2000, is further 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 diabetes medication and testing supplies 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 diabetes medication and testing supplies 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./
Renumber sections to conform.
Amend title to conform.
JOE E. BROWN for Committee.
EXPLANATION OF IMPACT:
State Department of Education
Enactment of this bill would have no impact on the General Fund of the State or on federal and/or other funds. In addition there should be little or no impact associated with Section 2 of the bill dealing with an amendment to the State's Tort Claims Act.
Approved By:
Don Addy
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-80 SO AS 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 PROVIDE 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.
(B) Each school district shall adopt a policy authorizing a student to self-administer asthma medication. 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
(b) a written statement from the student's health care practitioner who prescribed the medication verifying that the student has asthma and has been instructed in self-administration of asthma medications;
(2) authorization for students to possess and administer asthma medication while:
(a) at school;
(b) at a school-sponsored activity;
(c) in transit to or from school or school-sponsored activities;
(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, which must be signed by:
(a) the student's health care practitioner who prescribed the asthma medication;
(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 with school staff who have a legitimate need for knowledge of the information.
(E) Asthma 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-administer asthma medication may be revoked if the student endangers himself or others through misuse of the medication.
(G) The permission for 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-administration of asthma 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-administration of asthma medication."
SECTION 2. Section 15-78-60 of the 1976 Code, as last amended by Act 407 of 2000, is further amended by adding an appropriately numbered item to read:
"( ) an injury a student may sustain as a result of self-administering asthma medications or for an injury that a student may sustain from taking or using asthma medications 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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