MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Public Health and Human Services; Education
By: Representative Baker
AN ACT TO AMEND SECTION 41-79-31, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE PARENT OF ANY STUDENT ENTITLED TO SELF-ADMINISTER PRESCRIBED ASTHMA AND/OR ANAPHYLAXIS MEDICATION ON SCHOOL PROPERTY TO FILE A WRITTEN STATEMENT WITH THE STUDENT'S SCHOOL AUTHORIZING SCHOOL EMPLOYEES TO ASSIST THE STUDENT IN THE SELF-ADMINISTRATION OF THE MEDICATION AND TO ADMINISTER THE MEDICATION TO THE STUDENT IN EMERGENCY SITUATIONS; TO GRANT IMMUNITY TO SCHOOL DISTRICTS AND SCHOOL PERSONNEL ADMINISTERING OR CHOOSING NOT TO ADMINISTER PRESCRIBED MEDICATION TO A STUDENT FOR WHOM A PARENT HAS FILED SUCH A STATEMENT; TO AUTHORIZE SCHOOLS TO MAINTAIN A STUDENT'S PRESCRIBED ASTHMA AND/OR ANAPHYLAXIS MEDICATION IN A SECURE YET ACCESSIBLE LOCATION; 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.
(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.
(6) (a) A parent of a student entitled to possess asthma and/or anaphylaxis medication under subsection (3) of this section may provide to the student's school a written statement, signed by the parent, authorizing school personnel to assist the student in the self-administration of the prescribed medication and to administer the prescribed asthma and/or anaphylaxis medication to the student upon the occurrence of an actual or perceived anaphylactic adverse reaction or other emergency in which the student is unable to self-administer the medication. The written statement must include a general waiver releasing the school district and its employees and agents from liability, except in cases of wanton or willful misconduct, for any injury arising from the assistance rendered to the student in the self-administration of the medication or from the employee's administration of, or failure to administer, the student's asthma and/or anaphylaxis medication upon the occurrence of an actual or perceived anaphylactic adverse reaction by the student or other emergency in which the student is unable to self-administer the medication. The written statement must be maintained in the office of the school nurse or principal if there is no school nurse at the student's school.
(b) Upon request from a student or the student's parent, school personnel may provide assistance in the self-administration of the asthma and/or anaphylaxis medication to any student for whom the statement provided for in paragraph (a) is on file at the school. School personnel also may administer such a student's prescribed asthma and/or anaphylaxis medication to the student upon the occurrence of an actual or perceived anaphylactic adverse reaction by the student or other emergency in which the student is unable to self-administer the medication. Except in the case of willful or wanton misconduct, the school district and any school personnel who in good faith administers or chooses not to administer prescribed asthma and/or anaphylaxis medication to a student are immune from civil liability for any act or omission to act related to the administration of the asthma and/or anaphylaxis medication.
(7) A school at which there is enrolled any student entitled to possess asthma and/or anaphylaxis medication under subsection (3) of this section may authorize the school nurse or, if there is not a school nurse, the school principal of the school to maintain a student's prescribed medication in a location that is secure yet easily accessible to the student.
SECTION 2. This act shall take effect and be in force from and after July 1, 2014.