§ 115C-375.2. Possession and self-administration of asthma medication by students with asthma or students subject to anaphylactic reactions, or both. - North Carolina Statutes

§ 115C‑375.2. Possession and self‑administration of asthma medication by students withasthma or students subject to anaphylactic reactions, or both.

(a)        Local boards ofeducation shall adopt a policy authorizing a student with asthma or a studentsubject to anaphylactic reactions, or both, to possess and self‑administerasthma medication on school property during the school day, at school‑sponsoredactivities, or while in transit to or from school or school‑sponsoredevents. As used in this section, "asthma medication" means a medicineprescribed for the treatment of asthma or anaphylactic reactions and includes aprescribed asthma inhaler or epinephrine auto‑injector. The policy shallinclude a requirement that the student's parent or guardian provide to theschool:

(1)        Writtenauthorization from the student's parent or guardian for the student to possessand self‑administer asthma medication.

(2)        A written statementfrom the student's health care practitioner verifying that the student hasasthma or an allergy that could result in an anaphylactic reaction, or both,and that the health care practitioner prescribed medication for use on schoolproperty during the school day, at school‑sponsored activities, or whilein transit to or from school or school‑sponsored events.

(3)        A written statementfrom the student's health care practitioner who prescribed the asthmamedication that the student understands, has been instructed in self‑administrationof the asthma medication, and has demonstrated the skill level necessary to usethe asthma medication and any device that is necessary to administer the asthmamedication.

(4)        A written treatmentplan and written emergency protocol formulated by the health care practitionerwho prescribed the medicine for managing the student's asthma or anaphylaxisepisodes and for medication use by the student.

(5)        A statement providedby the school and signed by the student's parent or guardian acknowledging thatthe local school administrative unit and its employees and agents are notliable for an injury arising from a student's possession and self‑administrationof asthma medication.

(6)        Other requirementsnecessary to comply with State and federal laws.

(b)        The student mustdemonstrate to the school nurse, or the nurse's designee, the skill levelnecessary to use the asthma medication and any device that is necessary toadminister the medication.

(c)        The student'sparent or guardian shall provide to the school backup asthma medication thatshall be kept at the student's school in a location to which the student hasimmediate access in the event of an asthma or anaphylaxis emergency.

(d)        Informationprovided to the school by the student's parent or guardian shall be kept onfile at the student's school in a location easily accessible in the event of anasthma or anaphylaxis emergency.

(e)        If a student usesasthma medication prescribed for the student in a manner other than asprescribed, a school may impose on the student disciplinary action according tothe school's disciplinary policy. A school may not impose disciplinary actionthat limits or restricts the student's immediate access to the asthmamedication.

(f)         The requirementthat permission granted for a student to possess and self‑administerasthma medication shall be effective only for the same school and for 365calendar days and must be renewed annually.

(g)        No local board ofeducation, nor its members, employees, designees, agents, or volunteers, shallbe liable in civil damages to any party for any act authorized by this section,or for any omission relating to that act, unless that act or omission amountsto gross negligence, wanton conduct, or intentional wrongdoing. (2005‑22, s. 1; 2006‑264,s. 57(b).)