CSHB 85(JUD): "An Act relating to self-administration and documentation of certain types of medication prescribed to a child attending school."

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.