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Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
March 17, 2004
S. 604
S. Printed 3/17/04--S.
Read the first time April 16, 2003.
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.
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 '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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