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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) 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) the student's parent or guardian providing 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 that the student has asthma and has been instructed in self-administration of asthma medications. The statement must contain:
(i) the name and purpose of the medications;
(ii) the prescribed dosage;
(iii) the time or times the medications are to be regularly administered; and
(iv) the length of time for which the medications are prescribed.
(2) authorization for students to possess and administer asthma medication while:
(i) at school;
(ii) at a school-sponsored activity;
(iii) under the supervision of school personnel;
(iv) in before-school or after-school care on school-operated property.
(B) The statements required in subsection (A)(1) must be kept on file in the office of the school nurse or school administrator.
(C) The school district and its employees and agents are immune from liability for any injury a student may sustain as a result of self-administering asthma medications. The school district shall inform the parent or guardian of such immunity from liability, and the parent or guardian shall sign a statement acknowledging that the school district provided this information.
(D) 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."
SECTION 2. This act takes effect upon approval by the Governor.
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