MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Public Health and Human Services; Education

By: Representatives Crawford, Whittington, Hines, Moak, Dixon

House Bill 315

AN ACT TO AMEND SECTION 37-11-71, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT EACH CHILD WITH ASTHMA HAVE A CURRENT SCHOOL ASTHMA PLAN ON FILE AT THE CHILD'S SCHOOL FOR USE BY THE SCHOOL NURSE, TEACHERS AND STAFF; TO SPECIFY THE CONTENT OF THE SCHOOL ASTHMA PLAN; TO DELETE THE REPEALER ON THIS SECTION; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-11-71, Mississippi Code of 1972, is amended as follows:

     37-11-71.  * * * 1)The State Department of Education shall require each public school district to take the following actions relating to the management of asthma in the school setting:

          (a)  * * * RecommendRequire that each child with asthma have a current school asthma * * * actionplan ( * * *AAPSAP) on file at the child's school * * * for the 2010‑2011 school year, and require that each child with asthma have a current AAP on file at the child's school for the 2011‑2012 school year and each school year thereafter, for use by the school nurse, teachers and staff.  Parents and guardians of a child with asthma are to have the child's * * * AAPSAP developed and signed by the child's health care provider.  The * * * AAPSAP should include the child's * * * asthma severity classification, current asthma medication and emergency contact information name and age, the date, school name, signature of the parent, signature of the physician, instructions to the school for dosage and delivery method if the child is coughing or wheezing and if pre-medication is required, and recommendation about whether the child be allowed to give his or her own medication or whether the school personnel should administer the medication.  The * * * AAPSAP must be updated annually.

          (b)  Adopt an emergency protocol that includes instructions for all school staff to follow in case of a major medical emergency for asthma and all other life-threatening diseases.

          (c)  Fully implement Section 41-79-31, which authorizes the self-administration of asthma medication at school by students.

          (d)  Provide comprehensive, in-service training on asthma for teachers, * * * assistant teachers,school nurses, administrators, and * * * operations, maintenance and supportother staff appointed by the school administration.  The training should include instruction on the use of * * * AAPsSAPs, the requirements of Section 41-79-31, emergency protocols for asthma and policies in effect in that school relating to asthma.

          (e)  Require school nurses to attend certified asthma educators training.  The cost of the training required for school nurses shall be paid by the American Lung Association.

          (f)  Require local school health councils to conduct a school health needs assessment that addresses and supports the implementation of the following:  healthy school environment, physical activity, staff wellness, counseling/psychological services, nutrition services, family/community involvement, health education and health services.  The results of the assessment must be used in the development of long-range maintenance plans that include specific indoor air quality components for each school building.  * * * The long‑range maintenance plans must be included in the local school wellness policy.  The long‑range plans must be completed before January 1, 2012.

          (g)  Require local school health councils to adopt and support the implementation of a local school wellness policy that includes minimizing children's exposure to dust, gases, fumes and other pollutants that can aggravate asthma in the school setting.  The policy must require the air quality and ventilation systems of schools to be assessed annually, which assessment may be accomplished with the Environmental Protection Agency's Tools for Schools Indoor Air Quality Checklist.  The policy also must prohibit the use of hazardous substances such as, but not limited to, chemical cleaning products and pesticides in and around school buildings during the hours that children are present at school.  The policy must require all school construction projects to implement containment procedures * * * not later than July 1, 2012,for dusts, gases, fumes and other pollutants that trigger asthma.

          (h)  Implement an integrated pest management program that includes procedural guidelines for pesticide application, education of building occupants and inspection and monitoring of pesticide applications.  The integrated pest management program may limit the frequency, duration and volume of pesticide application on school grounds.

          (i)  Require school bus operators to minimize the idling of school bus engines to prevent exposure of children and adults to diesel exhaust fumes.

 * * *  (j)  Require coaches and physical education teachers to participate in the American Lung Association Coaches Care/Asthma 101 training by the 2011‑2012 school year, subject to funding by the school district.

(2)  This section shall stand repealed on July 1, 2014.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2014.