Relates to health services in schools; pupils afflicted with allergies, diabetes, asthma or another respiratory disease

2 Co-sponsors

• Carl L. Marcellino
• Michael H. Ranzenhofer

BILL NUMBER:S7758

Title of bill

An act to amend the education law, in relation to health services in schools

Purpose or general idea of bill

This bill allows students diagnosed with asthma or another respiratory disease that requires inhaler treatment, allergies and diabetes to use medical treatments in school.

Summary of specific provisions

Section 1 amends the education law to allow students authorized by a physician to carry an inhaler and self-administer inhaler rescue medications while at school or a school function. Section 2 adds five new sections to the education law to allow students who have been diagnosed with an allergy or diabetes to carry and use prescribed equipment and medications at school and school functions. School districts shall not be financially or legally liable for compliance with these provisions. Licensed health care providers are authorized to inject prescribed medications in an emergency. School boards may authorize licensed health care providers to train unlicensed school personnel to inject prescribed glucagons or epinephrine in an emergency where a licensed health care provider is not available.

Section 3 is the effective date.

Justification

Allergies, asthma and diabetes can be life-threatening to students if they are not able to access and use their prescribed medications when they are at school. This legislation makes it clear that students who are diagnosed with allergies, asthma or diabetes can carry and use at school medications which, in an emergency, can save their lives. The bill standardizes policies and practices about self-administered medications in all school districts throughout the state. And, it establishes consistency about self-administered medications whether they are used for allergic reactions, asthma attacks or dangerous blood sugar levels.

This legislation works together with guidance from the State Education Department and its School Health Services Center. Over the years SED issued guidelines and guidance about best practices for student health services including those for students with asthma, allergies and diabetes. The department has also responded to questions from the field by releasing guidance authorizing trained unlicensed school personnel to assist a self-directed student in programming their own pump by either verifying the accuracy of the student's math in calculating their own carbohydrate count; or by reading he pump screen to the student and verifying the number input is the number the student intended to input. SED guidance further permits trained unlicensed school personnel to perform blood glucose monitoring. This guidance stands and this bill should not be construed to restrict this guidance or any other guidance. This legislation in no way limits SED's authority to guide schools about student self-management of their allergies, asthma or diabetes or school responsibilities to respond to students with such health conditions.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect on the first of July next succeeding the date on which it shall become a law.