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2005 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 8.01-226.5:1 and 22.1-274.2 of the Code of Virginia are amended and reenacted as follows:
§ 8.01-226.5:1. Civil immunity for school board employees supervising self-administration of certain medication.
A. Any school principal or other employee of a school board who, in good faith, without compensation, and in the absence of gross negligence or willful misconduct, supervises the self-administration of inhaled asthma medications or auto-injectable epinephrine by a student, pursuant to § 22.1-274.2, shall not be liable for any civil damages for acts or omissions resulting from the supervision of self-administration of inhaled asthma medications or auto-injectable epinephrine by such student. Further, no such principal or school board employee shall be liable for any civil damages for any injuries or deaths resulting from the misuse of such auto-injectable epinephrine.
B. For the purposes of this section, "employee" shall include any person employed by a local health department who is assigned to a public school pursuant to an agreement between a local health department and a school board.
§ 22.1-274.2. Possession and self-administration of inhaled asthma medications and auto-injectable epinephrine by certain students.
A. Effective on July 1, 2000, local school boards shall develop and implement policies permitting a student with a diagnosis of asthma or anaphylaxis, or both, to possess and self-administer inhaled asthma medications or auto-injectable epinephrine, or both, as the case may be, during the school day, at school-sponsored activities, or while on a school bus or other school property. Such policies shall include, but not be limited to, provisions for:
1. Written consent of the parent, as defined in § 22.1-1, of a student with a diagnosis of asthma or anaphylaxis, or both, that the student may self-administer inhaled asthma medications or auto-injectable epinephrine, or both, as the case may be.
2. Written notice from the student's primary care provider or
medical specialist, or a licensed physician or licensed nurse practitioner that
(i) identifies the student; (ii) states that the student has a diagnosis of
asthma or anaphylaxis, or both, and has approval to self-administer
inhaled asthma medications or auto-injectable epinephrine, or both, as the
case may be, that have been prescribed or authorized for the student; (iii)
specifies the name and dosage of the medication, the frequency in which it is
to be administered and certain circumstances which may warrant the use of
inhaled asthma medications or auto-injectable epinephrine, such as
before exercising or engaging in physical activity to prevent the onset of asthmatic
asthma symptoms or to alleviate asthmatic asthma symptoms
after the onset of an asthmatic asthma episode; and (iv) attests
to the student's demonstrated ability to safely and effectively self-administer
inhaled asthma medications or auto-injectable epinephrine, or both, as the
case may be.
3. Development of an individualized health care plan, including emergency procedures for any life-threatening conditions.
4. Consultation with the student's parent before any limitations or restrictions are imposed upon a student's possession and self-administration of inhaled asthma medications and auto-injectable epinephrine, and before the permission to possess and self-administer inhaled asthma medications and auto-injectable epinephrine at any point during the school year is revoked.
5. Self-administration of inhaled asthma medications and auto-injectable epinephrine to be consistent with the purposes of the Virginia School Health Guidelines and the Guidelines for Specialized Health Care Procedure Manuals, which are jointly issued by the Department of Education and the Department of Health.
6. Disclosure or dissemination of information pertaining to the health condition of a student to school board employees to comply with §§ 22.1-287 and 22.1-289 and the federal Family Education Rights and Privacy Act of 1974, as amended, 20 U.S.C. § 1232g, which govern the disclosure and dissemination of information contained in student scholastic records.
B. The permission granted a student with a diagnosis of asthma
or anaphylaxis, or both, to possess and self-administer inhaled asthma
medications or auto-injectable epinephrine, or both, shall be effective
for one school year. Permission to possess and self-administer inhaled
asthma such medications shall be renewed annually. For the purposes
of this section, "one school year" means 365 calendar days.
2. That the Superintendent of Public Instruction shall notify local school boards of the passage of this act by a Superintendent's Administrative Memorandum within 30 days of its enactment.