MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Education
By: Senator(s) Carmichael, King, Burton, Watson, Jordan, Blount, Flowers, Harden, Lee (35th), Davis, Yancey, Hopson
AN ACT TO AMEND SECTION 41-79-31, MISSISSIPPI CODE OF 1972, TO CLARIFY THE POLICY FOR THE POSSESSION AND SELF-ADMINISTRATION OF PRESCRIPTION ASTHMA AND/OR ANAPHYLAXIS MEDICATION BY PUBLIC AND NONPUBLIC SCHOOL STUDENTS WHILE ON SCHOOL PROPERTY OR AT SCHOOL ACTIVITIES; 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) 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 asthma and anaphylaxis medication pursuant to the requirements of this section.
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(2) As used in this section:
(a) "Parent" means parent or legal guardian.
(b) "Asthma and anaphylaxis medication" means inhaled bronchodilator and auto-injectable epinephrine.
(c) "Self-administration of prescription asthma and/or anaphylaxis medication" means a student's discretionary use of prescription asthma and/or anaphylaxis medication.
(3) A student with asthma and/or anaphylaxis is entitled to possess and self-administer prescription asthma and/or anaphylaxis medication while on school property, on school provided transportation, or at a school-related event or activity if:
(a) The prescription asthma and/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
(c) A parent of the student provides to the school:
(i) Written authorization, signed by the parent, for the student to self-administer prescription asthma and/or anaphylaxis medication while on school property or at a school-related event or 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 an injury arising from the student's self-administration of prescription asthma and/or anaphylaxis medication while on school property or at a school-related event or activity unless in cases of wanton or willful misconduct;
(iii) A written statement from the student's physician or other licensed health care provider, signed by the physician or provider, that states:
1. That the student has asthma and/or anaphylaxis and is capable of self-administering the prescription asthma and/or anaphylaxis medication;
2. The name and purpose of the medication;
3. The prescribed dosage for the medication;
4. The times at which or circumstances under which the medication may be administered; and
5. The period for which the medication is prescribed.
(4) The physician's statement must be kept on file in the office of the school nurse of the school the student attends or, if there is not a school nurse, in the office of the principal of the school the student attends.
(5) If a student uses his/her medication in a manner other than prescribed, he/she may be subject to disciplinary action under the school codes. The disciplinary action shall not limit or restrict the student's immediate access to the medication.
SECTION 2. This act shall take effect and be in force from and after July 1, 2010.