COUNCIL OF THE DISTRICT OF COLUMBIA
The John A. Wilson Building
1350 Pennsylvania Avenue, nw
Washington, D.C. 20004
Statement of Introduction on the Access to Emergency Albuterol and Glucagon
Amendment Act of 2023
March 20, 2023
Today, along with Councilmembers Charles Allen, Zachary Parker, Brianne K. Nadeau, Anita
Bonds, Brooke Pinto, and Janeese Lewis George, I am proud to introduce the “Access to
Emergency Albuterol and Glucagon Amendment Act of 2023.” This legislation would amend the
Student Access to Treatment Act of 2007 to authorize employees and agents of public schools
who have been certified under an Office of the State Superintendent of Education administration
training program to administer undesignated albuterol to a student who is suffering or about to
suffer an asthma attack and undesignated glucagon to a student who is suffering or about to
suffer hypoglycemia due to diabetes.
Currently, students enrolled in public and public charter schools must have a medication action
plan to self-administer inhaled asthma medication or diabetes medication. To enable student self-
administration of medication, the parent, legal guardian, or the student must obtain authorization
on the medication action plan from a licensed practitioner. However, in the case of an emergency
where a student without a medication action plan is showing signs of an asthma attack or of
hypoglycemia due to diabetes, school staff are currently not permitted to administer
undesignated medication to the student. There is also currently no undesignated albuterol or
glucagon available at public and public charter school campuses.
The lack of availability of undesignated albuterol and glucagon on school campuses, and the lack
of authority for a school employee to administer undesignated medication, puts many students at
severe risk. In the District, only 15.2% of students with asthma have an asthma action plan and
71.7% of students with diabetes have a diabetes management plan. This means that, in the case
of a medical emergency, almost 9 in 10 children with asthma would not be able to access
albuterol and 1 in 3 children with diabetes would not be able to access glucagon.
This legislation, crafted in close collaboration with Children’s National Hospital, seeks to
address this health risk by requiring that undesignated albuterol and undesignated glucagon be
available and safely stored at all public and public charter schools. It also authorizes school
employees or agents certified under an OSSE albuterol or glucagon administration training
program to administer these medications in the case of an emergency for a child with or without
a medication action plan.
I look forward to working with my colleagues to move this legislation forward and improve
health and safety for District of Columbia students.
Christina Henderson Committee Member
Councilmember, At-Large Hospital and Health Equity
Chairperson, Committee on Health Judiciary and Public Safety
Transportation and the Environment
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Councilmember Charles Allen Councilmember Christina Henderson 2
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Councilmember Brianne K. Nadeau Councilmember Zachary Parker 6
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Councilmember Brooke Pinto Councilmember Anita Bonds 10
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Councilmember Janeese Lewis George 14
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A BILL 19
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 24
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To amend the Student Access to Treatment Act of 2007 to authorize employees and agents of 29
public schools certified under the Office of the State Superintendent of Education’s 30
albuterol administration training program to administer undesignated albuterol to a 31
student who is suffering or about to suffer an asthma attack, and to authorize employees 32
and agents of public schools certified under the Office of the State Superintendent of 33
Education’s glucagon administration training program to administer undesignated 34
glucagon to a student who is suffering or about to suffer hypoglycemia. 35
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 37
act may be cited as the "Access to Emergency Albuterol and Glucagon Amendment Act of 38
2023." 39
Sec. 2. The Student Access to Treatment Act of 2007, effective February 2, 2008 (D.C. 40
Law 17-107; D.C. Official Code § 38-651.01 et seq.), is amended as follows: 41
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(a) Section 2 (D.C. Official Code § 38-651.01) is amended by adding new paragraphs 42
(5B) and (5C) to read as follows: 43
"(5B) "Undesignated albuterol" means medication delivered through a device, including a 44
metered dose inhaler with reusable or disposable spacer or nebulizer with a mouthpiece or mask 45
and tubing, which is obtained without a prescription for a particular person suffering from 46
asthma exacerbations. 47
"(5C) “Undesignated glucagon” means a disposable drug delivery system with a spring-48
activated needle obtained without a prescription for a particular person that is designed for the 49
emergency administration of glucagon to a person suffering an episode of hypoglycemia.”. 50
(b) A new Section 5b is added to read as follows: 51
"Sec. 5b. Student Access to albuterol. 52
"(a) OSSE shall establish and administer an undesignated albuterol plan that authorizes a 53
public school to possess and administer undesignated albuterol. 54
"(b)(l) By June 1, 2024 the Department of Health shall issue a standing order signed by at 55
least one physician, physician assistant, or advanced practice nurse licensed in the District to 56
permit public schools to use undesignated albuterol in emergency circumstances. 57
"(2) By July 1, 2024, OSSE shall develop and implement an albuterol 58
administration training program, which shall provide training and certification of employees and 59
agents of a public school on the storage and emergency use of an undesignated albuterol 60
medication on a person suffering or about to suffer an asthma attack. 61
"(3) Upon implementation of the undesignated albuterol plan, each public school 62
shall ensure that it has at least 2 employees or agents certified in the use of an undesignated 63
albuterol who are available to administer albuterol during all hours of the school day. 64
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"(4) For the purposes of this subsection, the term "certified" means an individual 65
who has obtained a certificate of completion of the albuterol administration training that is 66
developed and implemented by OSSE and approved by the Mayor. 67
"(c)(l) Under the undesignated albuterol plan, OSSE shall: 68
"(A) Implement the undesignated albuterol plan, with guidance from the 69
Department of Health; 70
"(B) Procure and distribute undesignated albuterol to public schools for 71
use in emergency circumstances; 72
"(C) Monitor the supply of undesignated albuterol, including ensuring that 73
the supply is restocked as medication is used; 74
"(D) Ensure the destruction of expired undesignated albuterol at public 75
schools; and 76
"(E) Maintain records regarding the procurement, distribution, and 77
disposition of undesignated albuterol for 3 years. 78
"(2)(A) A public school shall store undesignated albuterol in a secure but easily 79
accessible location in accordance with the manufacturer's instructions. 80
"(B) Each public school shall maintain, at all times, no fewer than 2 81
unexpired undesignated albuterol available through the undesignated albuterol plan. 82
"(d)(1) An employee or agent of a public school who is certified pursuant to this section 83
may administer an undesignated albuterol to a student who the employee or agent believes in 84
good faith to be suffering or about to suffer an asthma attack. 85
"(2) Undesignated albuterol may be used on public school property, including the 86
school building, playground, and school bus, as well as during field trips or sanctioned 87
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excursions away from public school property. The certified employee or agent of the public 88
school may carry an appropriate supply of the public school's undesignated albuterol on field 89
trips or excursions. 90
"(3) Within 24 hours of the administration of an undesignated albuterol, the public 91
school shall notify OSSE and the physician, physician assistant, or advance practice nurse who 92
provided the standing order for the undesignated albuterol of its use. 93
"(4) As soon as practicable following the administration of medication pursuant to 94
this section, the public school shall inform the student's responsible person that the medication 95
was administered. 96
"(e) An employee or agent of a public school who is certified pursuant to this section may 97
administer designated albuterol to the student to whom it is prescribed, who the employee or 98
agent believes in good faith to be suffering or about to suffer an asthma attack.". 99
(c) A new section 5c is added to read as follows: 100
"Sec. 5c. Student Access to glucagon. 101
"(a) OSSE shall establish and administer an undesignated glucagon plan that authorizes a 102
public school to possess and administer undesignated glucagon medication. 103
"(b)(l) By June 1, 2024 the Department of Health shall issue a standing order signed by at 104
least one physician, physician assistant, or advanced practice nurse licensed in the District to 105
permit public schools to use undesignated glucagon in emergency circumstances. 106
"(2) By July 1, 2024, OSSE shall develop and implement a glucagon medication 107
administration training program, which shall provide training and certification of employees and 108
agents of a public school on the storage and emergency use of an undesignated glucagon 109
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medication through a student’s diabetes care plan and if the student’s prescribed glucagon is not 110
available on-site or has expired. 111
"(3) Upon implementation of the undesignated glucagon action plan, each public 112
school shall ensure that it has at least 2 employees or agents certified in the use of an 113
undesignated glucagon medication who are available to administer glucagon medication during 114
all hours of the school day. 115
"(4) For the purposes of this subsection, the term "certified" means an individual 116
who has obtained a certificate of completion of the glucagon medication administration training 117
that is developed and implemented by OSSE and approved by the Mayor. 118
"(c)(l) Under the undesignated glucagon plan, OSSE shall: 119
"(A) Implement the undesignated glucagon action plan, with guidance 120
from the Department of Health; 121
"(B) Procure and distribute undesignated glucagon medication to public 122
schools for use in emergency circumstances; 123
"(C) Monitor the supply of undesignated glucagon, including ensuring that 124
the supply is restocked as medication is used; 125
"(D) Ensure the destruction of expired undesignated glucagon medication 126
at public schools; and 127
"(E) Maintain records regarding the procurement, distribution, and 128
disposition of undesignated glucagon medication for 3 years. 129
"(2)(A) A public school shall store undesignated glucagon medication in a secure 130
but easily accessible location in accordance with the manufacturer's instructions. 131
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"(B) Each public school shall maintain, at all times, no fewer than 2 132
unexpired glucagon medications. 133
"(d)(1) An employee or agent of a public school who is certified pursuant to this section 134
may administer an undesignated glucagon medication to a student who the employee or agent 135
believes in good faith to be suffering or about to suffer hypoglycemia. 136
"(2) Undesignated glucagon medication may be used on public school property, 137
including the school building, playground, and school bus, as well as during field trips or 138
sanctioned excursions away from public school property. The certified employee or agent of the 139
public school may carry an appropriate supply of the public school's undesignated glucagon 140
medication on field trips or excursions. 141
"(3) Within 24 hours of the administration of an undesignated glucagon, the 142
public school shall notify OSSE and the physician, physician assistant, or advance practice nurse 143
who provided the standing order for the undesignated glucagon medication of its use. 144
"(4) As soon as practicable following the administration of medication pursuant to 145
this section, the public school shall inform the student's responsible person that the medication 146
was administered. 147
"(e) An employee or agent of a public school who is certified pursuant to this section may 148
administer designated glucagon to the student to whom it is prescribed, who the employee or 149
agent believes in good faith to be suffering or about to suffer hypoglycemia.". 150
Sec. 3. Fiscal impact statement. 151
The Council adopts the fiscal impact statement in the committee report as the fiscal 152
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 153
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 154
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Sec. 4. Effective date. 155
This act shall take effect following approval by the Mayor (or in the event of veto by the 156
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 157
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 158
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 159
Columbia Register. 160