ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4271
(By Delegates Foster, Palumbo, Hatfield and Iaquinta)
[Passed March 12, 2004; in effect July 1, 2004.]
AN ACT to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18-5-22b, relating
to permitting public and private school students to
self-administer asthma medication when certain conditions are
met; providing for revocation of permission; limiting
liability for injury; providing certain definitions; and
providing for state board rule.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18-5-22b, to read as
follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-22b. Providing for self-administration of asthma medication;
definitions; conditions; indemnity from liability;
rules.
(a) For the purposes of this section, the following words have
the meanings specified unless the context clearly indicates a
different meaning:
(1) "Medication" means asthma medicine, prescribed by:
(A) A physician licensed to practice medicine in all its
branches; or
(B) A physician assistant who has been delegated the authority
to prescribe asthma medications by a supervising physician; or
(C) An advanced practice registered nurse who has a written
collaborative agreement with a collaborating physician. Such
agreement shall delegate the authority to prescribe the medications
for a student that pertain to the student's asthma and that have an
individual prescription label.
(2) "Self-administration" or "self-administer" means a
student's discretionary use of prescribed asthma medication.
(b) A student enrolled in a public, private, parochial or
denominational school located within this state may possess and
self-administer asthma medication subject to the following
conditions:
(1) The parents or guardians of the student have provided to
the school:
(A) A written authorization for the self-administration of
asthma medication; and
(B) A written statement from the physician or advanced practice registered nurse which contains the name, purpose,
appropriate usage and dosage of the student's medication and the
time or times at which, or the special circumstances under which,
the medication is to be administered;
(2) The student has demonstrated the ability and understanding
to self-administer asthma medication by:
(A) Passing an assessment by the school nurse evaluating the
student's technique of self-administration and level of
understanding of the appropriate use of the asthma medication; or
(B) In the case of nonpublic schools that do not have a school
nurse, providing to the school from the student's physician or
advanced practice registered nurse written verification that the
student has passed such an assessment; and
(3) The parents or guardians of the student have acknowledged
in writing that they have read and understand a notice provided by
the county board or nonpublic school that:
(A) The school, county school board or nonpublic school and
its employees and agents are exempt from any liability, except for
willful and wanton conduct, as a result of any injury arising from
the self-administration of asthma medication by the student; and
(B) The parents or guardians indemnify and hold harmless the
school, the county board of education or nonpublic school and its
employees or guardians and agents against any claims arising out of
the self-administration of the medication by the student.
(c) The information provided to the school pursuant to
subsection (b) of this section shall be kept on file in the office
of the school nurse or, in the absence of a school nurse, in the
office of the school administrator.
(d) Permission for a student to self-administer asthma
medication is effective for the school year for which it is granted
and shall be renewed each subsequent school year if the
requirements of this section are met.
(e) Permission to self-administer medication may be revoked if
the administrative head of the school finds that the student's
technique of self-administration and understanding of the use of
the asthma medication is not appropriate or is willfully
disregarded.
(f) A student with asthma who has met the requirements of this
section may possess and use asthma medication:
(1) In school;
(2) At a school-sponsored activity;
(3) Under the supervision of school personnel; or
(4) Before or after normal school activities, such as before
school or after school care on school operated property.
(g) The state board shall promulgate rules necessary to
effectuate the provisions of this section in accordance with the
provisions of article three-b, chapter twenty-nine-a of this code.
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