Text: SF02128                           Text: SF02130
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Senate File 2129

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  280.16  SELF-ADMINISTRATION OF
  1  2 ASTHMA MEDICATION.
  1  3    1.  DEFINITIONS.  For purposes of this section:
  1  4    a.  "Medication" means a drug that meets the definition
  1  5 provided in section 126.2, subsection 8, has an individual
  1  6 prescription label, is prescribed by a physician for a
  1  7 student, and pertains to the student's asthma.
  1  8    b.  "Physician" means a person licensed under chapter 148,
  1  9 150, or 150A, or other person licensed or registered to
  1 10 distribute or dispense a prescription drug or device in the
  1 11 course of professional practice in this state or a person
  1 12 licensed by another state in a health field in which, under
  1 13 Iowa law, licensees in this state may legally prescribe drugs.
  1 14    c.  "Self-administration" means a student's discretionary
  1 15 use of medication prescribed by a physician for the student.
  1 16    2.  The board of directors of a school district and the
  1 17 authorities in charge of an accredited nonpublic school shall
  1 18 permit the self-administration of medication by a student with
  1 19 asthma if the following conditions are met:
  1 20    a.  The student's parent or guardian provides to the school
  1 21 written authorization for the self-administration of
  1 22 medication.
  1 23    b.  The student's parent or guardian provides to the school
  1 24 a written statement from the student's physician containing
  1 25 the following information:
  1 26    (1)  The name and purpose of the medication.
  1 27    (2)  The prescribed dosage.
  1 28    (3)  The times at which or the special circumstances under
  1 29 which the medication is to be administered.
  1 30    c.  The parent or guardian and the school meet the
  1 31 requirements of subsection 3.
  1 32    3.  The school district or accredited nonpublic school
  1 33 shall notify the parent or guardian of the student, in
  1 34 writing, that the school district or accredited nonpublic
  1 35 school and its employees and agents are to incur no liability,
  2  1 except for willful and wanton misconduct, as a result of any
  2  2 injury arising from the self-administration of medication by
  2  3 the student.  The parent or guardian of the pupil shall sign a
  2  4 statement acknowledging that the school district or nonpublic
  2  5 school is to incur no liability, except for willful and wanton
  2  6 misconduct, as a result of any injury arising from the self-
  2  7 administration of medication by the pupil and that the parents
  2  8 or guardians must indemnify and hold harmless the school
  2  9 district or nonpublic school and its employees and agents
  2 10 against any claims, except a claim based on willful and wanton
  2 11 misconduct, arising out of the self-administration of
  2 12 medication by the student.
  2 13    4.  The permission for self-administration of medication is
  2 14 effective for the school year for which it is granted and
  2 15 shall be renewed each subsequent school year upon fulfillment
  2 16 of the requirements of this section.  However, the parent or
  2 17 guardian shall immediately notify the school of any changes in
  2 18 the conditions listed under subsection 2.
  2 19    5.  Provided that the requirements of this section are
  2 20 fulfilled, a student with asthma may possess and use the
  2 21 student's medication while in school, at school-sponsored
  2 22 activities, under the supervision of school personnel, and
  2 23 before or after normal school activities, such as while in
  2 24 before-school or after-school care on school-operated
  2 25 property.  If the student misuses this privilege, the
  2 26 privilege may be withdrawn.
  2 27    6.  Information provided to the school under subsection 2
  2 28 shall be kept on file in the office of the school nurse or, in
  2 29 the absence of a school nurse, the school's administrator.  
  2 30                           EXPLANATION
  2 31    This bill requires school districts and accredited
  2 32 nonpublic schools to allow a student to possess and self-
  2 33 administer asthma medication if the student's parent or
  2 34 guardian submits written authorization, along with the name
  2 35 and purpose of the medication, the prescribed dosage, and the
  3  1 times at which or the special circumstances under which the
  3  2 medication is to be administered.
  3  3    The parents or guardians must indemnify and hold harmless
  3  4 the school district or nonpublic school and its employees and
  3  5 agents against any claims, except a claim based on willful and
  3  6 wanton misconduct, arising out of the self-administration of
  3  7 medication by the student.
  3  8    The permission for self-administration of medication is
  3  9 effective for the school year.  However, the parent or
  3 10 guardian shall immediately notify the school of any changes in
  3 11 the circumstances relating to the self-administration of the
  3 12 medication.
  3 13    The bill allows the student to possess and use the
  3 14 medication while in school, at school-sponsored activities,
  3 15 under the supervision of school personnel, and before or after
  3 16 normal school activities, such as while in before-school or
  3 17 after-school care on school-operated property.
  3 18    The school must maintain the information on file in the
  3 19 office of the school nurse or, in the absence of a school
  3 20 nurse, the school's administrator.  
  3 21 LSB 5823SS 80
  3 22 kh/pj/5
     

Text: SF02128                           Text: SF02130
Text: SF02100 - SF02199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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