House Bill 1072

(As Passed the House)

AN ACT TO PROVIDE THAT PUBLIC AND NONPUBLIC SCHOOLS SHALL PERMIT THE SELF-ADMINISTRATION OF MEDICATION BY A STUDENT FOR ASTHMA, 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 body or chief school administrator of a nonpublic school, shall permit the self-administration of medication by a student for asthma, provided that:

(a) The parents or guardians of the student provide to the school board of the public school district, or the governing body or chief school administrator of the nonpublic school, notarized 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 body or chief school administrator of the nonpublic school, notarized written certification, which shall remain on file in the office of the school nurse or principal's office, from the student's health care practitioner (i) that the student has asthma and is capable of, and has been instructed in, the proper method of self-administration of medication, (ii) the name, purpose and prescribed dosage of the medication, the time or times at which the medication is to be regularly administered and under what additional special circumstances the medication is to be administered, and (iii) the length of time for which the medications are prescribed;

(c) The school board of the public school district, or the governing body or chief school administrator of the nonpublic school, informs the parents or guardians of the student 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 student;

(d) The parents or guardians of the student sign a notarized 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 student, 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 student; 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 student who is permitted to self-administer medication under the provisions of this section shall be permitted to possess and use asthma medications, including, but not limited to, an inhaler, when on school premises, while at a school-sponsored activity, or at any place while under the supervision of school personnel, 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; however, nothing in paragraphs (c) or (d) of subsection (1) shall be construed to grant immunity to a school or its employees for acts of negligence.

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