House Bill 1257

AN ACT TO AMEND SECTION 41-79-31, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN PROVISIONS AUTHORIZING THE SELF-ADMINISTRATION OF PRESCRIPTION ASTHMA OR ANAPHYLAXIS MEDICATION BY STUDENTS WHILE ON SCHOOL PROPERTY, SCHOOL-PROVIDED TRANSPORTATION OR AT ANY SCHOOL-SPONSORED ACTIVITY; TO REQUIRE CERTAIN CONDITIONS TO BE MET BEFORE STUDENTS ARE ALLOWED TO SELF-ADMINISTER ASTHMA OR ANAPHYLAXIS MEDICATION; TO REQUIRE THAT THE STATEMENT OF THE PHYSICIAN OR LICENSED HEALTH CARE PROVIDER PRESCRIBING THE MEDICATION FOR A STUDENT BE KEPT ON FILE IN THE OFFICE OF THE SCHOOL NURSE OR PRINCIPAL OF THE SCHOOL WHERE THE STUDENT ATTENDS; TO PROVIDE THAT STUDENTS MAY BE SUBJECT TO DISCIPLINARY ACTION FOR MISUSE OF THE MEDICATION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 41-79-31, Mississippi Code of 1972, is amended as follows:

41-79-31. (1) As used in this section, the following words and phrases shall have the meanings ascribed in this subsection, unless the context indicates otherwise:

(a) "Parent" means a child's biological or adoptive parent, legal guardian or a person standing in loco parentis.

(b) "Asthma or anaphylaxis medication" means an inhaled bronchodilator and auto-injectable epinephrine.

(c) "Self-administration of prescription asthma or anaphylaxis medication" means a student's discretionary use of prescription asthma and anaphylaxis medication.

(2) A student with asthma or anaphylaxis may possess and self-administer prescription asthma or anaphylaxis medication while on school property, on school-provided transportation or at a school-sponsored activity if:

(a) The prescription asthma or anaphylaxis medication has been prescribed for that student, as indicated by the prescription label on the medication;

(b) The self-administration is done in compliance with the prescription or written instructions from the student's physician or other licensed health care provider; and

(i) Written authorization, signed by the parent, for the student to self-administer prescription asthma or anaphylaxis medication while on school property, on school-provided transportation or at a school-sponsored activity;

(ii) A written statement, signed by the parent, in which the parent releases the school district and its employees and agents from liability for any resulting injury sustained by the student from the self-administration of prescription asthma or anaphylaxis medication while on school property, on school-provided transportation or at a school-sponsored activity, except in cases of wanton or willful misconduct; and

(iii) A written statement from the student's physician or other licensed healthcare provider, signed by that physician or provider, stating the following:

1. That the student has asthma or anaphylaxis and is capable of self-administering the prescription asthma or anaphylaxis medication.

2. The name and purpose of the medication.

3. The prescribed dosage for the medication.

4. The time or times at which, and under what additional special circumstances, the medication may be administered.

5. The period of time for which the medication is prescribed.

(3) The physician's or licensed healthcare provider's statement required under subsection (2)(c)(iii) must be kept on file in the office of the school nurse of the school that the student attends or, if there is not a school nurse, in the office of the principal of the school that the student attends.

(4) 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.

(5) If a student uses his or her medication in a manner other than prescribed, he or she may be subject to disciplinary action under the school district's disciplinary plan and code of student conduct; however, the disciplinary action may not limit or restrict the student's immediate access to his or her medication.

SECTION 2. This act shall take effect and be in force from and after July 1, 2010.