COMMITTEE SUBSTITUTE
FOR
H. B. 4271
(By Delegates Foster, Palumbo, Hatfield and Iaquinta)
(Originating in the Committee on Education)
[February 17, 2004]
A BILL 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. Requiring schools to permit self-administration of
asthma medication; indemnity from liability;
procedures; definitions.
(a) A student enrolled in a public, private, parochial or
denominational school located within this state is permitted to
self-administer asthma medication subject to the following
conditions:
(1) The parents or guardians of the student provide to the
school a written authorization for the self-administration of
asthma medication and a written statement from the student's
physician or advanced practice registered nurse containing the
name, purpose, appropriate usage and dosage of the medication
and
the time or times at which, or the special circumstances under
which, the medication is to be administered;
(2) The student has passed an assessment by the school nurse
evaluating the student's technique of self administration and
understanding of the appropriate use of the asthma medication, or
in the case of nonpublic schools that do not have a school nurse,
the student's physician or advanced practice registered nurse
shall
provide the school with written verification of that the student
passed such an assessment;
(3)The parents or guardians of the student acknowledge in
writing, that they have read and understand a notice provided by
the county board or nonpublic school that 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 that 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.
(b)
The information provide to the school pursuant to
subsection (a) of this section shall be kept on file in the office
of the school nurse or, in the absence of a school nurse, the
office of the school administrator.
(c) The permission for self-administration of medication is
effective for the school year for which it is granted and shall be
renewed each subsequent school year upon the fulfillment of the
requirements of this section.
(d) The permission for self-administration of medication
may
be revoked by the school upon a finding that the student's
technique of self-administration and understanding of the
appropriate use of the asthma medication is not appropriately
followed or is willfully disregarded.
(e) 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.
(f) The following definitions apply to this section:
(1) "Medication" means asthma medicine, prescribed by: (1) A
physician licensed to practice medicine in all its branches; (ii)
a physician assistant who has been delegated the authority to
prescribe asthma medications by a supervising physician; or (iii)
an advanced practice registered nurse who has a written
collaborative agreement with a collaborating physician that
delegates the authority to prescribe asthma medications for a
student that pertains to the student's asthma and that has an
individual prescription label.
(2) "Self-administration" means a student's discretionary use
of prescribed asthma medication.
(g) The state board shall promulgate any rules necessary to
effectuate the provisions of this section.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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