House Bill 449

AN ACT TO PROVIDE THAT PUBLIC AND NONPUBLIC SCHOOLS SHALL PERMIT THE SELF-ADMINISTRATION OF MEDICATION BY A PUPIL FOR ASTHMA OR OTHER POTENTIALLY LIFE-THREATENING ILLNESSES, IF CERTAIN REQUIREMENTS ARE MET; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The school board of a public school district, or the governing board or chief school administrator of a nonpublic school, shall permit the self-administration of medication by a pupil for asthma or other potentially life-threatening illnesses, provided that:

(a) The parents or guardians of the pupil provide to the school board of the public school district, or the governing board or chief school administrator of the nonpublic school, written authorization for the self-administration of medication;

(b) The parents or guardians of the pupil provide to the school board of the public school district, or the governing board or chief school administrator of the nonpublic school, written certification from the physician of the pupil that the pupil has asthma or another potentially life-threatening illness and is capable of, and has been instructed in, the proper method of self-administration of medication;

(c) The school board of the public school district, or the governing board or chief school administrator of the nonpublic school, informs the parents or guardians of the pupil in writing that the public school district and its employees or agents, or the nonpublic school and its employees or agents, shall incur no liability as a result of any injury arising from the self-administration of medication by the pupil;

(d) The parents or guardians of the pupil sign a statement acknowledging that the public school district or the nonpublic school shall incur no liability as a result of any injury arising from the self-administration of medication by the pupil, and that the parents or guardians shall indemnify and hold harmless the public school district and its employees or agents, or the nonpublic school and its employees or agents, against any claims arising out of the self-administration of medication by the pupil; and

(e) The permission is effective for the school year for which it is granted and is renewed for each subsequent school year upon fulfillment of the requirements in paragraphs (a) through (d) of this subsection.

(2) A pupil who is permitted to self-administer medication under the provisions of this section shall be permitted to carry an inhaler at all times, provided that the pupil does not endanger himself or other persons through misuse.

(3) Any person who acts in good faith in accordance with the requirements of this section shall be immune from any civil or criminal liability arising from actions performed under this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2003.