Students are allowed to carry inhalers on their person at school the follow does apply. Contact your School Nurse for further information.
115C-375.2. Possession and self-administration of asthma medication
by students with asthma or students subject to anaphylactic reactions,
or both.(a) Local boards of education shall adopt a policy authorizing a
student with asthma or a student subject to anaphylactic reactions, or
both, to possess and self-administer asthma medication on school
property during the school day, at school-sponsored activities, or
while in transit to or from school or school-sponsored events. As used
in this section, "asthma medication" means a medicine prescribed for
the treatment of asthma or anaphylactic reactions and includes a
prescribed asthma inhaler or epinephrine auto-injector. The policy
shall include a requirement that the student's parent or guardian
provide to the school:
(1) Written authorization from the student's parent or guardian
for the student to possess and self-administer asthma medication.
(2) A written statement from the student's health care
practitioner verifying that the student has asthma or an allergy that
could result in an anaphylactic reaction, or both, and that the health
care practitioner prescribed medication for use on school property
during the school day, at school-sponsored activities, or while in
transit to or from school or school-sponsored events.
(3) A written statement from the student's health care
practitioner who prescribed the asthma medication that the student
understands, has been instructed in self-administration of the asthma
medication, and has demonstrated the skill level necessary to use the
asthma medication and any device that is necessary to administer the
asthma medication.
(4) A written treatment plan and written emergency protocol
formulated by the health care practitioner who prescribed the medicine
for managing the student's asthma or anaphylaxis episodes and for
medication use by the student.
(5) A statement provided by the school and signed by the
student's parent or guardian acknowledging that the local school
administrative unit and its employees and agents are not liable for an
injury arising from a student's possession and self-administration of
asthma medication.
(6) Other requirements necessary to comply with State and federal laws.
(b) The student must demonstrate to the school nurse, or the
nurse's designee, the skill level necessary to use the asthma
medication and any device that is necessary to administer the
medication.
(c) The student's parent or guardian shall provide to the school
backup asthma medication that shall be kept at the student's school in
a location to which the student has immediate access in the event of
an asthma or anaphylaxis emergency.
(d) Information provided to the school by the student's parent
or guardian shall be kept on file at the student's school in a
location easily accessible in the event of an asthma or anaphylaxis
emergency.
(e) If a student uses asthma medication prescribed for the
student in a manner other than as prescribed, a school may impose on
the student disciplinary action according to the school's disciplinary
policy. A school may not impose disciplinary action that limits or
restricts the student's immediate access to the asthma medication.
(f) The requirement that permission granted for a student to
possess and self-administer asthma medication shall be effective only
for the same school and for 365 calendar days and must be renewed
annually.
(g) No local board of education, nor its members, employees,
designees, agents, or volunteers, shall be liable in civil damages to
any party for any act authorized by this section, or for any omission
relating to that act, unless that act or omission amounts to gross
negligence, wanton conduct, or intentional wrongdoing. (2005-22, s. 1;
2006-264, s. 57(b).)