Senate File 2129
SENATE FILE
BY TINSMAN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the possession and self=administration of
2 asthma medication by public and accredited nonpublic school
3 students.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5823SS 80
6 kh/pj/5
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