00                      CS FOR HOUSE BILL NO. 85(JUD)                                                                     
01 "An Act relating to self-administration and documentation of certain types of                                           
02 medication prescribed to a child attending school."                                                                     
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
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 school shall permit the self-administration of medication by a pupil for asthma or                              
08       anaphylaxis if, during the current school year, the pupil's parent or guardian provides                           
09       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 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 of the                                     
09       medication;                                                                                                       
10                 (5)  a written treatment plan for the pupil for managing asthma or                                      
11       anaphylaxis episodes and a list and dosage of medications needed during school hours                              
12       that is signed by the pupil's health care provider; and                                                           
13                 (6)  any other documentation required by the school that is consistent                                  
14       with this section.                                                                                                
15            (b)  The school shall provide written notification to the pupil's parent or                                  
16       guardian of the school's absence of liability related to the self-administration of                               
17       medication under this section.                                                                                    
18            (c)  A pupil who is permitted to self-administer medication under this section                               
19       shall be permitted to carry and store with the school nurse an inhaler or autoinjectable                          
20       epinephrine, or both, at all times.                                                                               
21            (d)  If a student uses the student's prescribed medication in a manner other than                            
22       as prescribed, disciplinary action according to school codes may be imposed upon the                              
23       student.  The imposed disciplinary action may not limit or restrict the student's                                 
24       immediate access to the student's prescribed medication.                                                          
25            (e)  In this section, "health care provider" means a licensed physician, licensed                            
26       nurse, physician assistant, village health aide, or pharmacist.