Senate Bill 2463

AN ACT TO PERMIT PUBLIC AND NONPUBLIC SCHOOL STUDENTS TO SELF-ADMINISTER ASTHMA MEDICATIONS, 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 each local public school district and the governing body of each private and parochial school or school district shall permit the self-administration of medications by a student if the student's parent or guardian:

(a) Provides written authorization for self-administration to the school; and

(b) Provides a written statement from the student's health care practitioner that the student has asthma and has been instructed in self-administration of asthma medications. The statement shall also contain the following information:

(i) The name and purpose of the medications;

(ii) The prescribed dosage;

(iii) The time or times the medications are to be regularly administered and under what additional special circumstances the medications are to be administered; and

(iv) The length of time for which the medications are prescribed.

(2) The statements required in subsection (1) of this section shall be kept on file in the office of the school nurse or school administrator.

(3) The school district or the governing body of each private and parochial school or school district shall inform the parent or guardian of the student that the school and its employees and agents shall incur no liability as a result of any injury sustained by the student from the self-administration of asthma medications. The parent or guardian of the student shall sign a statement acknowledging that the school shall incur no liability and the parent or guardian shall indemnify and hold harmless the school and its employees against any claims relating to the self-administration of asthma medications. Nothing in this subsection shall be construed to relieve liability of the school or its employees for negligence.

(4) The permission for self-administration of medications shall be effective for the school year in which it is granted and shall be renewed each following school year upon fulfilling the requirements of subsections (1) through (3) of this section.

(5) Upon fulfilling the requirements of this section, a student with asthma may possess and use asthma medications when at school, at a school-sponsored activity, under the supervision of school personnel or before and after normal school activities while on school properties including school-sponsored child care or after-school programs.

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