00Enrolled HB 85                                                                                                          
01 Relating to self-administration and documentation of certain types of medication prescribed to                          
02 a child attending school.                                                                                               
03                           _______________                                                                               
04    * Section 1.  AS 14.30 is amended by adding a new section to read:                                                 
05                         Article 2A.  Pupil Health.                                                                    
06            Sec. 14.30.141.  Self-administration and documentation of medication.  (a)                               
07       A public school shall permit the self-administration of medication by a pupil for                                 
08       asthma or anaphylaxis if, during the current school year, the pupil's parent or guardian                          
09       provides the school                                                                                               
10                 (1)  written authorization for the self-administration of the medication;                               
11                 (2)  written certification from the pupil's health care provider that the                               
12       pupil                                                                                                             
13                      (A)  has asthma or a condition that may lead to anaphylaxis;                                       
14                      (B)  has received instruction in the proper method of self-                                        

01            administration of the medication; and                                                                        
02                      (C)  has demonstrated to the health care provider the skill level                                  
03            necessary to use the medication and any device that is necessary to administer                               
04            the medication as prescribed;                                                                                
05                 (3)  a release of liability for the school and its employees or agents for                              
06       injury arising from the self-administration or storage of the medication;                                         
07                 (4)  an agreement to indemnify and hold harmless the school and its                                     
08       employees or agents for any claims arising out the self-administration or storage of the                          
09       medication;                                                                                                       
10                 (5)  a written treatment plan for the pupil that is signed by the pupil's                               
11       health care provider for managing asthma or anaphylaxis episodes, a list and dosage of                            
12       medications needed during school hours, and permission for and instruction on storage                             
13       of the medication at school; and                                                                                  
14                 (6)  any other documentation required by the school that is consistent                                  
15       with this section.                                                                                                
16            (b)  The public school shall provide written notification to the pupil's parent or                           
17       guardian of the school's absence of liability related to the self-administration of                               
18       medication under this section.                                                                                    
19            (c)  A pupil who is permitted to self-administer medication under this section                               
20       shall be permitted to carry and to store with the school nurse or other designated                                
21       school official an inhaler or autoinjectable epinephrine, or both, at all times.                                  
22            (d)  If a student uses the student's prescribed medication in a manner other than                            
23       as prescribed, disciplinary action according to school codes may be imposed upon the                              
24       student.  The imposed disciplinary action may not limit or restrict the student's                                 
25       immediate access to the student's prescribed medication.                                                          
26            (e)  In this section, "health care provider" means a licensed physician,                                     
27       advanced nurse practitioner, physician assistant, village health aide, or pharmacist                              
28       operating within the scope of the health care provider's authority.