Maryland 2022 Regular Session

Maryland House Bill HB384 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb0384
9	6
10	7		HOUSE BILL 384
11	8		F1 2lr0933
12	9
13	10		By: Delegate Boyce
14	11		Introduced and read first time: January 19, 2022
15	12		Assigned to: Ways and Means
16		-	Committee Report: Favorable with amendments
17		-	House action: Adopted
18		-	Read second time: March 2, 2022
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24		-	Public and Nonpublic Schools – Bronchodilator and Epinephrine Availability 2
25		-	and Use – Policy Policies 3
	18	+	Public and Nonpublic Schools – Bronchodilator Availability and Use – Policy 2
26	19
27		-	FOR the purpose of requiring each county board of education and authorizing nonpublic 4
28		-	schools in the State to establish a policy to obtain, administer, and train certain 5
29		-	school nurses and other school personnel to administer in emergency situations 6
30		-	bronchodilators to a student who is determined to have asthma and is experiencing 7
31		-	asthma–related symptoms or is perceived to be in respiratory distress by a school 8
32		-	nurse or any other school personnel; requiring each county board and authorizing 9
33		-	nonpublic schools in the State to update their policies to require certain school nurses 10
34		-	and other school personnel to complete a certain training before they are authorized 11
35		-	to administer auto–injectable epinephrine to a student who is determined to be, or 12
36		-	is perceived to be, in anaphylaxis; requiring the State Department of Education, in 13
37		-	consultation with certain groups, to identify or develop a training for certain school 14
38		-	personnel to identify symptoms of anaphylaxis, asthma, or respiratory distress in 15
39		-	students; and generally relating to a bronchodilator and epinephrine availability and 16
40		-	use policy policies in public and nonpublic schools in the State. 17
	20	+	FOR the purpose of requiring each county board of education and authorizing nonpublic 3
	21	+	schools in the State to establish a policy to obtain, administer, and train certain 4
	22	+	school nurses and other school personnel to administer in emergency situations 5
	23	+	bronchodilators to a student who is determined to have asthma and is experiencing 6
	24	+	asthma–related symptoms or is perceived to be in respiratory distress by a school 7
	25	+	nurse or any other school personnel; and generally relating to a bronchodilator 8
	26	+	availability and use policy in public and nonpublic schools in the State. 9
41	27
42		-	BY ~~repealing and reenacting,~~ ~~with amendments, 18~~
43		-	Article – Education 19
44		-	Section 7–426.2 and 7–426.~~3 20~~
45		-	Annotated Code of Maryland 21
46		-	(2018 Replacement Volume and 2021 Supplement) 22
	28	+	BY adding to 10
	29	+	Article – Education 11
	30	+	Section 7–426.6 and 7–426.7 12
	31	+	Annotated Code of Maryland 13
	32	+	(2018 Replacement Volume and 2021 Supplement) 14
47	33
48		-	BY adding to 23 2 HOUSE BILL 384
	34	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
	35	+	That the Laws of Maryland read as follows: 16
	36	+
	37	+	Article – Education 17
	38	+
	39	+	7–426.6. 18
	40	+
	41	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 19
	42	+	INDICATED. 20
	43	+
	44	+	(2) “ASTHMA” MEANS A CHRONIC LUNG DISEASE THAT INFLAME S 21
	45	+	AND NARROWS AIR PASS AGES, CAUSING RECURRING PE RIODS OF WHEEZING , CHEST 22
	46	+	TIGHTNESS, SHORTNESS OF BREATH , AND COUGHING . 23
	47	+	2 HOUSE BILL 384
49	48
50	49
51		-	~~Article – Education~~ 1
52		-	~~Section 7–426.6 and 7–426.7~~ 2
53		-	~~Annotated Code~~ of ~~Maryland~~ 3
54		-	~~(2018~~ ~~Replacement Volume and 2021 Supplement)~~ 4
	50	+	(3) “BRONCHODILATOR ” MEANS MEDICATION THA T RELAXES 1
	51	+	BRONCHIAL MUSCLES , RESULTING IN THE EXPANSION OF BRONCHIAL AIR 2
	52	+	PASSAGES TO PROVIDE FAST TREATMENT OF AS THMA–RELATED SYMPTOMS AND 3
	53	+	SYMPTOMS OF RESPIRAT ORY DISTRESS. 4
55	54
56		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
57		-	That the Laws of Maryland read as follows: 6
	55	+	(4) “SCHOOL PERSONNEL” MEANS INDIVIDUALS WHO ARE EMPLOYED 5
	56	+	BY A PUBLIC SCHOOL , INCLUDING PART –TIME EMPLOYEES , TEACHERS AND 6
	57	+	SUBSTITUTE TEACHERS EMPLOYED BY THE SCHO OL FOR AT LEAST 7 DAYS EACH 7
	58	+	SCHOOL YEAR , REGISTERED NURSE CAS E MANAGER S, DELEGATING NURSE S, AND 8
	59	+	ADMINISTRATIVE STAFF. 9
58	60
59		-	Article – Education 7
	61	+	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 10
	62	+	EACH COUNTY BOARD SHA LL ESTABLISH A POLICY F OR PUBLIC SCHOOLS WI THIN ITS 11
	63	+	JURISDICTION TO AUTH ORIZE THE SCHOOL NUR SE AND OTHER SCHOOL PERSONNEL 12
	64	+	TO ADMINISTER A BRONCHODILATOR , IF AVAILABLE, TO A STUDENT WHO IS 13
	65	+	DETERMINED TO HAVE A STHMA, IS EXPERIENCING ASTH MA–RELATED SYMPTOMS , 14
	66	+	OR IS PERCEIVED TO BE I N RESPIRATORY DISTRE SS, REGARDLESS OF WHETHE R THE 15
	67	+	STUDENT: 16
60	68
61		-	7–426.2. 8
	69	+	(I) HAS BEEN DIAGNOSED WI TH ASTHMA OR REACTIV E AIRWAY 17
	70	+	DISEASE; OR 18
62	71
63		-	(a) (1) In this section the following words have the meanings indicated. 9
	72	+	(II) HAS A PRESCRIPTION FO R A BRONCHODILATOR A S 19
	73	+	PRESCRIBED BY AN AUT HORIZED LICENSED HEA LTH CARE PRACTI TIONER UNDER 20
	74	+	THE HEALTH OCCUPATIONS ARTICLE. 21
64	75
65		-	(2) “Anaphylaxis” means a sudden, severe, and potentially life–threatening 10
66		-	allergic reaction that occurs when an individual is exposed to an allergen. 11
	76	+	(2) A SCHOOL NURSE OR ANY OTHER SCHOOL PERSONN EL MAY NOT 22
	77	+	ADMINISTER A BRONCHO DILATOR TO A PREKIND ERGARTEN STUDENT UNL ESS THE 23
	78	+	STUDENT HAS BEEN DIA GNOSED WITH ASTHMA O R A REACTIVE AIRWAY DISEASE 24
	79	+	AND HAS A PRESCRIPTION FOR A B RONCHODILATOR AS PRE SCRIBED BY THE 25
	80	+	STUDENT’S HEALTH CARE PRACTI TIONER. 26
67	81
68		-	(3) “Auto–injectable epinephrine” means a portable, disposable drug 12
69		-	delivery device that contains a premeasured single dose of epinephrine that is used to treat 13
70		-	anaphylaxis in an emergency situation. 14
	82	+	(C) THE POLICY ESTABLISHED UNDER SUBSECTION (B) OF THIS SECTION 27
	83	+	SHALL INCLUDE : 28
71	84
72		-	(b) Each county board shall establish a policy for public schools within its 15
73		-	jurisdiction to authorize the school nurse and other school personnel to administer 16
74		-	auto–injectable epinephrine, if available, to a student who is determined BY AN 17
75		-	INDIVIDUAL WHO HAS U NDERGONE THE TRAININ G PROVIDED IN SUBSEC TION (C) OF 18
76		-	THIS SECTION, IF AVAILABLE, to be or perceived to be in anaphylaxis, regardless of 19
77		-	whether the student: 20
78		-
79		-	(1) Has been identified as having an anaphylactic allergy, as defined in § 21
80		-	7–426.1 of this subtitle; or 22
81		-
82		-	(2) Has [a prescription for] BEEN PRESCRIBED epinephrine [as 23
83		-	prescribed] by an authorized licensed health care practitioner under the Health 24
84		-	Occupations Article. 25
85		-
86		-	(c) (1) THE DEPARTMENT , IN CONSULTATION WITH THE MARYLAND 26
87		-	DEPARTMENT OF HEALTH, THE AMERICAN LUNG ASSOCIATION, AND THE ASTHMA 27
88		-	AND ALLERGY FOUNDATION OF AMERICA, SHALL IDENTIFY OR DE VELOP A 28
89		-	TRAINING TO: 29
90		-
91		-	(I) IDENTIFY THE SYMPTOMS OF ASTHMA AND RES PIRATORY 30
	85	+	(1) TRAINING FOR SCHOOL N URSES AND OTHER SCHO OL PERSONNEL 29
	86	+	ON HOW TO RECOGNIZE THE SIGNS AND SYMPTOMS O F ASTHMA AND RESPIRA TORY 30
92	87		DISTRESS; 31
93	88
94		-	(II) IDENTIFY THE SYMPTOMS OF ANAPHYLAXIS ; AND 32
95		-	HOUSE BILL 384 3
	89	+	(2) PROCEDURES FOR THE EM ERGENCY ADMINISTRATI ON OF A 32
	90	+	BRONCHODILATOR ; 33
	91	+
	92	+	(3) THE PROPER FOLLOW –UP EMERGENCY PROCEDU RES; 34 HOUSE BILL 384 3
96	93
97	94
98		-	(III) HOW TO DISTINGUISH BE TWEEN ANAPHYLAXIS AN D 1
99		-	ASTHMA OR RESPIRATOR Y DISTRESS. 2
100	95
101		-	(2) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R PARAGRAPH 3
102		-	(1) OF THIS SUBSECTION S HALL BE PROVIDED TO SCHOOL NURSES AND VOLUNTARY 4
103		-	SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL NURSE AND , IN THE 5
104		-	CLINICAL JUDGMENT OF THE SCHOOL NURSE , ARE APPROPRIATE RECI PIENTS OF 6
105		-	THE TRAINING. 7
	96	+	(4) A PROVISION AUTHORIZIN G A SCHOOL NURSE TO OBTAIN AND 1
	97	+	STORE AT A PUBLIC SCHOOL BRONCHODILATORS AND M ODES OF DELIVERY , 2
	98	+	INCLUDING INHALERS W ITH SPACERS, TO BE USED IN AN EME RGENCY SITUATION ; 3
	99	+	AND 4
106	100
107		-	(3) THE TRAINING PROVIDED UNDER THIS SUBSECTIO N SHALL BE A 8
108		-	PAID PROFESSIO NAL DEVELOPMENT TRAI NING. 9
	101	+	(5) A REQUIREMENT THAT EAC H PUBLIC SCHOOL DEVE LOP AND 5
	102	+	IMPLEMENT A METHOD F OR NOTIFYING THE PAR ENTS OR GUARDIANS OF STUDENTS 6
	103	+	OF THE SCHOOL’S POLICY UNDER THIS SECTION AT THE BEGIN NING OF EACH 7
	104	+	SCHOOL YEAR . 8
109	105
110		-	(D) The policy established under subsection (b) of this section shall include: 10
	106	+	(D) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY 9
	107	+	PROVIDE BRONCHODILAT ORS TO A SCHOOL NURS E OR ANY OTHER SCHOOL 10
	108	+	PERSONNEL FOR USE IN ACCORDANCE WITH THIS SECTION. 11
111	109
112		-	(1) ~~[Training for school personnel on how to recognize the symptoms~~ of 11
113		-	~~anaphylaxis] THE TRAINING IDENTIFI ED~~ OR ~~DEVELOPED UNDE R SUBSECTION (C) OF 12~~
114		-	~~THIS SECTION;~~ 13
	110	+	(2) BRONCHODILATORS AND M ODES OF DELIVERY , INCLUDING 12
	111	+	INHALERS WITH SPACER S, USED BY A SCHOOL NUR SE OR ANY OTHER SCHOOL 13
	112	+	PERSONNEL MUST BE FR OM A LICENSED PHARMA CY OR MANUFACTURER . 14
115	113
116		-	(2) Procedures for the emergency administration of auto –injectable 14
117		-	epinephrine BY A SCHOOL NURSE OR DESIGNATED VOLUNTEER ; 15
	114	+	(3) A COUNTY BOARD OR PUBLIC SCHOOL MAY AC CEPT DONATED 15
	115	+	BRONCHODILATORS AND MODES OF DELIVERY , INCLUDING INHALERS W ITH 16
	116	+	SPACERS, FROM A LICENSED PHAR MACY OR MANUFACTURER . 17
	117	+
	118	+	(4) A COUNTY BOARD MAY APPLY FOR GRANTS TO OBTAIN FUNDING 18
	119	+	FOR THE PURCHASE OF BRONCHODILATORS AND MODES OF DELIVERY , INCLUDING 19
	120	+	INHALERS WITH SPACER S. 20
	121	+
	122	+	(E) EXCEPT FOR ANY WILLFUL OR GROSSLY NEGLIGENT ACT, A SCHOOL 21
	123	+	NURSE OR ANY OTHER SCHOOL PERSONN EL WHO RESPOND IN GO OD FAITH TO THE 22
	124	+	ASTHMA ATTACK OR RES PIRATORY DISTRESS OF A CHILD IN ACCORDANC E WITH 23
	125	+	THIS SECTION MAY NOT BE HELD PERSONALLY L IABLE FOR ANY ACT OR OMISSION 24
	126	+	IN THE COURSE OF RES PONDING TO THE CHILD IN DISTRESS . 25
	127	+
	128	+	(F) (1) (I) FOR EACH INCIDENT AT THE SCHOOL OR AT A R ELATED 26
	129	+	SCHOOL EVENT THAT RE QUIRED THE USE OF A BRONCHODILATOR , EACH PUBLIC 27
	130	+	SCHOOL SHALL : 28
	131	+
	132	+	1. NOTIFY THE STUDENT ’S PARENT OR LEGAL 29
	133	+	GUARDIAN OF THE INCI DENT; AND 30
	134	+
	135	+	2. MAKE A RECORD OF THE INCIDENT, ON THE FORM 31
	136	+	THAT THE DEPARTMENT REQUIRES , AND FILE THE FORM IN THE STUDENT’S SCHOOL 32
	137	+	MEDICAL RECORD . 33 4 HOUSE BILL 384
	138	+
	139	+
	140	+
	141	+	(II) EACH PUBLIC SCHOOL SH ALL SUBMIT TO THE 1
	142	+	DEPARTMENT A REPORT , ON THE FORM AND SCHEDULE REQUIRED BY THE 2
	143	+	DEPARTMENT , ON THE NUMBER OF INC IDENTS AT THE SCHOOL OR AT A RELATED 3
	144	+	SCHOOL EVENT THAT RE QUIRED THE USE OF A BRONCHODILATOR . 4
	145	+
	146	+	(2) THE DEPARTMENT SHALL DEVE LOP AND DISSEMINATE 5
	147	+	STANDARD FORMS TO RECORD EACH INCIDENT AND REPORT INCI DENTS REQUIRING 6
	148	+	THE USE OF A BRONCHO DILATOR AT A PUBLIC SCHOOL. 7
	149	+
	150	+	7–426.7. 8
	151	+
	152	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 9
	153	+	INDICATED. 10
	154	+
	155	+	(2) “ASTHMA” MEANS A CHRONIC LUNG DISEASE THAT INFLAME S 11
	156	+	AND NARROWS AIR PASS AGES, CAUSING RECURRING PE RIODS OF WHEEZING , CHEST 12
	157	+	TIGHTNESS, SHORTNESS OF BREATH , AND COUGHING . 13
	158	+
	159	+	(3) “BRONCHODILATOR ” MEANS MEDICATION THA T RELAXES 14
	160	+	BRONCHIAL MUSCLES , RESULTING IN THE EXP ANSION OF BRONCHIAL AIR 15
	161	+	PASSAGES TO PROVIDE FAST TREATMENT OF AS THMA–RELATED SYMPTOMS AND 16
	162	+	SYMPTOMS OF RESPIRATORY DISTRESS. 17
	163	+
	164	+	(4) “SCHOOL PERSONNEL ” MEANS INDIVIDUALS WH O ARE EMPLOYED 18
	165	+	BY A NONPUBLIC SCHOO L, INCLUDING PART –TIME EMPLOYEES , TEACHERS AND 19
	166	+	SUBSTITUTE TEACHERS EMPLOYED BY THE SCHO OL FOR AT LEAST 7 DAYS EACH 20
	167	+	SCHOOL YEAR , REGISTERED NURSE CASE MANAGERS , DELEGATING NURSES , AND 21
	168	+	ADMINISTRATIVE STAFF . 22
	169	+
	170	+	(B) (1) EACH NONPUBLIC SCHOOL IN THE STATE MAY ESTABLISH A 23
	171	+	POLICY AUTHORIZING THE SCHOOL NURSE AND OTHER SCHOOL PERSONNEL TO 24
	172	+	ADMINISTER, EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 25
	173	+	BRONCHODILATOR , IF AVAILABLE, TO A STUDENT WHO IS DETERMINED TO HAVE 26
	174	+	ASTHMA, IS EXPERIENCING ASTH MA–RELATED SYMPTOMS , OR IS PERCEIVED TO B E 27
	175	+	IN RESPIRATORY DISTR ESS, REGARDLESS OF WHETHE R THE STUDENT : 28
	176	+
	177	+	(I) HAS BEEN DIAGNOSED WI TH ASTHMA OR REACTIV E AIRWAY 29
	178	+	DISEASE; OR 30
	179	+
	180	+	(II) HAS A PRESCRIPTION FO R A BRONCHODILATOR A S 31
	181	+	PRESCRIBED BY AN AUT HORIZED LICENSED HEA LTH CARE PRACTITIONE R UNDER 32
	182	+	THE HEALTH OCCUPATIONS ARTICLE. 33 HOUSE BILL 384 5
	183	+
	184	+
	185	+
	186	+	(2) A SCHOOL NURSE OR ANY OTHER SCHOOL PERSONN EL MAY NOT 1
	187	+	ADMINISTER A BRONCHO DILATOR TO A PREKINDERGARTEN STUDENT UNLESS THE 2
	188	+	STUDENT HAS BEEN DIA GNOSED WITH ASTHMA O R A REACTIVE AIRWAY DISEASE 3
	189	+	AND HAS A PRESCRIPTI ON FOR A BRONCHODILA TOR AS PRESCRIBED BY THE 4
	190	+	STUDENT’S HEALTH CARE PRACTI TIONER. 5
	191	+
	192	+	(C) THE POLICY ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION 6
	193	+	SHALL INCLUDE : 7
	194	+
	195	+	(1) TRAINING FOR SCHOOL N URSES AND OTHER SCHO OL PERSONNEL 8
	196	+	ON HOW TO RECOGNIZE THE SIGNS AND SYMPTO MS OF ASTHMA AND RES PIRATORY 9
	197	+	DISTRESS BY A LICENS ED HEALTH CARE PRACT ITIONER WHO IS AUTHO RIZED TO 10
	198	+	ADMINISTER A BRONCHODILATOR AND W HO HAS BEEN TRAINED IN AN ESTABLISHED 11
	199	+	PROTOCOL ON HOW TO R ECOGNIZE THE SIGNS A ND SYMPTOMS OF ASTHM A AND 12
	200	+	RESPIRATORY DISTRESS ; 13
	201	+
	202	+	(2) PROCEDURES FOR THE EM ERGENCY ADMINISTRATI ON OF A 14
	203	+	BRONCHODILATOR ; 15
118	204
119	205		(3) THE PROPER FOLLOW –UP EMERGENCY PROCEDURES ; 16
120	206
121		-	(4) A provision authorizing a school nurse to obtain and store at a public 17
122		-	school auto–injectable epinephrine to be used in an emergency situation; and 18
	207	+	(4) A PROVISION AUTHORIZIN G A SCHOOL NURSE OR ANY OTHER 17
	208	+	LICENSED HEALTH CARE PRACTITIONER TO OBTA IN, AND A SCHOOL NURSE O R ANY 18
	209	+	OTHER SCHOOL PERSONN EL TO STORE, AT A NONPUBLIC SCHOO L FOR USE IN AN 19
	210	+	EMERGENCY SITUATION BRONCHODILATORS AND MODES OF DELIVERY, INCLUDING 20
	211	+	INHALERS WITH SPACER S; 21
123	212
124		-	(5) A requirement that each public school develop and implement a method 19
125		-	for notifying the parents or guardians of students of the school’s policy under this section 20
126		-	at the beginning of each school year. 21
	213	+	(5) A REQUIREMENT THAT THE NONPUBLIC SCHOOL DEV ELOP AND 22
	214	+	IMPLEMENT A METHOD F OR NOTIFYING THE PAR ENTS OR GUARDIANS OF STUDENTS 23
	215	+	OF THE SCHOOL ’S POLICY UNDER THIS SECTION AT THE BEGIN NING OF EACH 24
	216	+	SCHOOL YEAR ; AND 25
127	217
128		-	(~~E) (1~~) AN ~~AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY 22~~
129		-	~~PROVIDE AUTO –INJECTABLE~~ ~~EPINEPHRI NE TO A SCHOOL NURSE OR DESIGNATED 23~~
130		-	~~VOLUNTEER FOR USE IN ACCORDANCE WITH~~ THIS SECTION. 24
	218	+	(6) AN ONGOING PROCESS FO R OVERSIGHT AND MONI TORING BY A 26
	219	+	LICENSED HEALTH CARE PRACTITIONER OF THE IMPLEMENTATION OF TH E POLICY 27
	220	+	ESTABLISHED UNDER SU BSECTION (B) OF THIS SECTION. 28
131	221
132		-	(2) AUTO–INJECTABLE EPINEPHRI NE USED UNDER THIS SECTIO N 25
133		-	MUST BE FROM A LICEN SED PHARMACY OR MANU FACTURER. 26
134		-
135		-	(3) A COUNTY BOARD OR PUBL IC SCHOOL MAY ACCEPT DONATED 27
136		-	AUTO–INJECTABLE EPINEPHRI NE FROM A LICENSED P HARMACY OR 28
137		-	MANUFACTURER . 29
138		-
139		-	(4) A COUNTY BOARD MAY APP LY FOR GRANTS TO OBT AIN FUNDING 30
140		-	FOR THE PURCHASE OF AUTO–INJECTABLE EPINEPHRI NE FROM A LICENSED 31
141		-	PHARMACY OR MANUFACT URER. 32
142		-	4 HOUSE BILL 384
143		-
144		-
145		-	[(d)] (F) Except for any willful or grossly negligent act, a school nurse or other 1
146		-	school personnel who respond in good faith to the anaphylactic reaction of a child in 2
147		-	accordance with this section may not be held personally liable for any act or omission in the 3
148		-	course of responding to the reaction. 4
149		-
150		-	[(e)] (G) (1) Each public school shall submit, on the form that the Department 5
151		-	requires, a report to the Department on each incident at the school or at a related school 6
152		-	event that required the use of auto–injectable epinephrine. 7
153		-
154		-	(2) The Department shall develop and disseminate a standard form to 8
155		-	report each incident requiring the use of auto–injectable epinephrine at a public school. 9
156		-
157		-	7–426.3. 10
158		-
159		-	(a) (1) In this section the following words have the meanings indicated. 11
160		-
161		-	(2) “Anaphylaxis” means a sudden, severe, and potentially life–threatening 12
162		-	allergic reaction that occurs when an individual is exposed to an allergen. 13
163		-
164		-	(3) “Auto–injectable epinephrine” means a portable, disposable drug 14
165		-	delivery device that contains a premeasured single dose of epinephrine that is used to treat 15
166		-	anaphylaxis in an emergency situation. 16
167		-
168		-	(4) “School personnel” means individuals who are employed by a nonpublic 17
169		-	school, including part–time employees, teachers and substitute teachers employed by the 18
170		-	school for at least 7 days each school year, a school nurse, registered nurse case manager, 19
171		-	delegating nurse, and administrative staff. 20
172		-
173		-	(b) Each nonpublic school in the State may establish a policy authorizing school 21
174		-	personnel to administer auto–injectable epinephrine, if available, to a student who is 22
175		-	determined BY AN INDIVIDUAL WHO HAS UNDERGONE THE TR AINING PROVIDED 23
176		-	UNDER § 7–426.6(C) OF THIS SUBTITLE , IF AVAILABLE, to be or perceived to be in 24
177		-	anaphylaxis, regardless of whether the student: 25
178		-
179		-	(1) Has been identified as having an anaphylactic allergy, as defined in § 26
180		-	7–426.1 of this subtitle; or 27
181		-
182		-	(2) Has [a prescription for] BEEN PRESCRIBED epinephrine [as 28
183		-	prescribed] by an authorized licensed health care practitioner under the Health 29
184		-	Occupations Article. 30
185		-
186		-	(c) The policy established under subsection (b) of this section shall include: 31
187		-
188		-	(1) [Training for school personnel on how to recognize the signs and 32
189		-	symptoms of anaphylaxis by a licensed health care practitioner who is authorized to 33
190		-	administer auto–injectable epinephrine and who has been trained in an established 34 HOUSE BILL 384 5
191		-
192		-
193		-	protocol on how to recognize the signs and symptoms of anaphylaxis] THE TRAINING 1
194		-	IDENTIFIED OR DEVELO PED UNDER § 7–426.2(C) OF THIS SUBTITLE FOR SCHOOL 2
195		-	NURSES AND VOLUNTARY SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL 3
196		-	NURSE AND , IN THE CLINICAL JUDG MENT OF THE SCHOOL N URSE, ARE 4
197		-	APPROPRIATE RECIPIEN TS OF THE TRAINING ; 5
198		-
199		-	(2) Procedures for the emergency administration of auto –injectable 6
200		-	epinephrine BY A SCHOOL NURSE OR DESIGNATED VOLUNTEER ; 7
201		-
202		-	(3) The proper follow–up emergency procedures; 8
203		-
204		-	(4) A provision authorizing a school nurse or other licensed health care 9
205		-	practitioner to obtain and, school personnel to store, at a nonpublic school auto–injectable 10
206		-	epinephrine to be used in an emergency situation; 11
207		-
208		-	(5) A requirement that the nonpublic school develop and implement a 12
209		-	method for notifying the parents or guardians of students of the school’s policy under this 13
210		-	section at the beginning of each school year; and 14
211		-
212		-	(6) An ongoing process for oversight and monitoring by a licensed health 15
213		-	care practitioner of the implementation of the policy established under subsection (b) of this 16
214		-	section. 17
215		-
216		-	(D) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY 18
217		-	PROVIDE AUTO –INJECTABLE EPINEPHRI NE TO A SCHOOL NURSE OR DESIGNATED 19
218		-	VOLUNTEER FOR USE IN ACCORDANCE WITH THIS SECTION. 20
219		-
220		-	(2) AUTO–INJECTABLE EPINEPHRI NE USED UNDER THIS SECTION 21
221		-	MUST BE FROM A LICEN SED PHARMACY OR MANU FACTURER. 22
222		-
223		-	(3) A NONPUBLIC SCHOOL MAY ACCEPT DONATED AUTO –INJECTABLE 23
224		-	EPINEPHRINE FROM A L ICENSED PHARMACY OR MANUFACTURER . 24
225		-
226		-	(4) A NONPUBLIC SCHOOL MAY APPLY FOR GRANTS TO OBTAIN 25
227		-	FUNDING FOR TH E PURCHASE OF AUTO –INJECTABLE EPINEPHRI NE FROM A 26
228		-	LICENSED PHARMACY OR MANUFACTURER . 27
229		-
230		-	[(d)] (E) Except for any willful or grossly negligent act, school personnel who 28
231		-	respond in good faith to the anaphylactic reaction of a child in accordance with this section 29
232		-	may not be held personally liable for any act or omission in the course of responding to the 30
233		-	reaction. 31
234		-
235		-	7–426.6. 32
	222	+	(D) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY 29
	223	+	PROVIDE BR ONCHODILATORS TO A S CHOOL NURSE OR ANY OTHER SCHOOL 30
	224	+	PERSONNEL FOR USE IN ACCORDANCE WITH THIS SECTION. 31
236	225		6 HOUSE BILL 384
237	226
238	227
239		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
240		-	INDICATED. 2
	228	+	(2) BRONCHODILATORS AND M ODES OF DELIVERY , INCLUDING 1
	229	+	INHALERS WITH SPACER S, USED BY A SCHOOL NUR SE OR ANY OTHER SCHOOL 2
	230	+	PERSONNEL MUST BE FR OM A LICENSED PHARMACY OR MANU FACTURER. 3
241	231
242		-	(2) ~~“ASTHMA” MEANS~~ A ~~CHRONIC LUNG DISEASE THAT INFLAME S 3~~
243		-	AND ~~NARROWS AIR PASSAGES~~ , ~~CAUSING RECURRING PE RIODS OF WHEEZING , CHEST 4~~
244		-	~~TIGHTNESS~~, ~~SHORTNESS OF BREATH , AND COUGHING~~ . 5
	232	+	(3) A NONPUBLIC SCHOOL MAY ACCEPT DONATED 4
	233	+	BRONCHODILATORS AND MODES OF DELIVERY , INCLUDING INHALERS W ITH 5
	234	+	SPACERS, FROM A LICENSED PHAR MACY OR MANUFACTURER . 6
245	235
246		-	(3) “BRONCHODILATOR ” MEANS MEDICATION THA T RELAXES 6
247		-	BRONCHIAL MUSCLES , RESULTING IN THE EXP ANSION OF BRONCHIAL AIR 7
248		-	PASSAGES TO PROVIDE FAST TREATMENT OF ASTHMA –RELATED SYMPTOMS AND 8
249		-	SYMPTOMS OF RESPIRAT ORY DISTRESS. 9
	236	+	(4) A NONPUBLIC SCHOOL MAY APPLY FOR GRANTS TO OBTAIN 7
	237	+	FUNDING FOR THE PURCHASE OF BRONCHODILATORS AND MODES OF DELIVERY , 8
	238	+	INCLUDING INHALERS W ITH SPACERS. 9
250	239
251		-	(4) “SCHOOL ~~PERSONNEL ” MEANS INDIVIDUALS WH O ARE EMPLOYED~~ 10
252		-	~~BY A PUBLIC SCHOOL , INCLUDING PART –TIME~~ ~~EMPLOYEES , TEACHERS AND~~ 11
253		-	~~SUBSTITUTE TEACHERS EMPLOYED BY THE SCHO OL FOR AT LEAST 7 DAYS EACH~~ 12
254		-	~~SCHOOL YEAR , REGISTERED NURSE CAS E MANAGERS , DELEGATING NURSES , AND~~ 13
255		-	~~ADMINISTRATIVE STAFF~~ . 14
	240	+	(E) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A SCHOOL 10
	241	+	NURSE OR ANY OTHER S CHOOL PERSONNEL WHO RESPOND IN GOOD FAIT H TO THE 11
	242	+	ASTHMA ATTACK OR RES PIRATORY DI STRESS OF A CHILD IN ACCORDANCE WITH 12
	243	+	THIS SECTION MAY NOT BE HELD PERSONALLY L IABLE FOR ANY ACT OR OMISSION 13
	244	+	IN THE COURSE OF RES PONDING TO THE CHILD IN DISTRESS. 14
256	245
257		-	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 15
258		-	EACH COUNTY BOARD SH ALL ESTABLISH A POLI CY FOR PUBLIC SCHOOL S WITHIN ITS 16
259		-	JURISDICTION TO AUTH ORIZE THE SCHOOL NUR SE AND OTHER SCHOOL PERSONNEL 17
260		-	TO ADMINISTER A BRON CHODILATOR , IF AVAILABLE, TO A STUDEN T WHO IS 18
261		-	DETERMINED BY AN INDIVIDUAL WHO HAS UNDERGONE THE TR AINING PROVIDED 19
262		-	IN SUBSECTION (C) OF THIS SECTION , IF AVAILABLE, TO HAVE ASTHMA , IS 20
263		-	EXPERIENCING ASTHMA –RELATED SYMPTOMS , OR IS PERCEIVED TO B E IN 21
264		-	RESPIRATORY DISTRESS , REGARDLESS OF WHETHE R THE STUDENT: 22
265		-
266		-	(I) HAS BEEN DIAGNOSED WI TH ASTHMA OR REACTIV E AIRWAY 23
267		-	DISEASE; OR 24
268		-
269		-	(II) HAS A PRESCRIPTION FOR BEEN PRESCRIBED A 25
270		-	BRONCHODILATOR AS PRESCRIBED BY AN AUTHORIZED LIC ENSED HEALTH CARE 26
271		-	PRACTITIONER UNDER T HE HEALTH OCCUPATIONS ARTICLE. 27
272		-
273		-	(2) A SCHOOL NURSE OR ANY OTHER SCHOOL PERSONN EL MAY NOT 28
274		-	NEITHER A SCHOOL NURS E NOR ANY OTHER SCHO OL PERSONNEL MAY ADMINISTER 29
275		-	A BRONCHODILATOR TO A PREKINDERGARTEN ST UDENT UNLESS THE STU DENT HAS 30
276		-	BEEN DIAGNOSED WITH ASTHMA OR A REACTIVE AIRWAY DISEASE AND H AS A 31
277		-	PRESCRIPTION FOR A BR ONCHODILATOR AS PRES CRIBED BY THE STUDEN T’S 32
278		-	HEALTH CARE PRACTITI ONER. 33
279		-
280		-	(C) (1) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R § 7–426.2(C) 34
281		-	OF THIS SUBTITLE SHA LL BE PROVIDED TO SC HOOL NURSES AND OTHE R 35
282		-	VOLUNTARY SCHOOL PER SONNEL WHO ARE DESIGNATED BY A SCHO OL NURSE AND, 36 HOUSE BILL 384 7
283		-
284		-
285		-	IN THE CLINICAL JUDG MENT OF THE SCHOOL N URSE, ARE APPROPRIATE 1
286		-	RECIPIENTS OF THE TR AINING. 2
287		-
288		-	(2) THE TRAINING PROVIDED UNDER THIS SUBSECTIO N SHALL BE A 3
289		-	PAID PROFESSIONAL DE VELOPMENT TRAINING . 4
290		-
291		-	(D) THE POLICY ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION 5
292		-	SHALL INCLUDE : 6
293		-
294		-	(1) TRAINING FOR SCHOOL N URSES AND OTHER SCHO OL PERSONNEL 7
295		-	ON HOW TO RECOGNIZE THE SIGNS AND SYMPTO MS OF ASTHMA AND RES PIRATORY 8
296		-	DISTRESS THE TRAINING REQUIRED UNDER SUBSECTION (C) OF THIS SECTION; 9
297		-
298		-	(2) PROCEDURES FOR THE EM ERGENCY ADMINISTRATI ON OF A 10
299		-	BRONCHODILATOR BY A SCHOOL NURSE OR DESIGNATED VOLUNTEER ; 11
300		-
301		-	(3) THE PROPER FOLLOW –UP EMERGENCY PROCEDU RES; 12
302		-
303		-	(4) A PROVISION AUTHORIZIN G A SCHOOL NURSE TO OBTAIN AND 13
304		-	STORE AT A PUBLIC SC HOOL BRONCHODILATO RS AND MODES OF DELI VERY, 14
305		-	INCLUDING INHALERS W ITH SPACERS, TO BE USED IN AN EME RGENCY SITUATION ; 15
306		-	AND 16
307		-
308		-	(5) A REQUIREMENT THAT EAC H PUBLIC SCHOOL DEVE LOP AND 17
309		-	IMPLEMENT A METHOD F OR NOTIFYING THE PAR ENTS OR GUARDIANS OF STUDENTS 18
310		-	OF THE SCHOOL ’S POLICY UNDE R THIS SECTION AT TH E BEGINNING OF EACH 19
311		-	SCHOOL YEAR . 20
312		-
313		-	(D) (E) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER 21
314		-	MAY PROVIDE BRONCHOD ILATORS TO A SCHOOL NURSE OR ANY OTHER SCHOOL 22
315		-	PERSONNEL OR DESIGNATED VOLUNT EER FOR USE IN ACCORDANC E WITH THIS 23
316		-	SECTION. 24
317		-
318		-	(2) BRONCHODILATORS AND M ODES OF DELIVERY ADMINISTRATION , 25
319		-	INCLUDING INHALERS W ITH SPACERS, USED BY A SCHOOL NUR SE OR ANY OTHER 26
320		-	SCHOOL PERSONNEL MUS T BE FROM A LICENSED PHARMACY OR MANUFACT URER. 27
321		-
322		-	(3) A COUNTY BOARD OR PUBL IC SCHOOL MAY ACCEPT DONATED 28
323		-	BRONCHODILATORS AND MODES OF DELIVERY ADMINISTRATION , INCLUDING 29
324		-	INHALERS WITH SPACER S, FROM A LICENSED PHAR MACY OR MANUFACTURER . 30
325		-
326		-	(4) A COUNTY BOARD MAY APP LY FOR GRANTS TO OBT AIN FUNDING 31
327		-	FOR THE PURCHA SE OF BRONCHODILATOR S AND MODES OF DELIVERY 32
328		-	ADMINISTRATION , INCLUDING INHALERS W ITH SPACERS. 33 8 HOUSE BILL 384
329		-
330		-
331		-
332		-	(E) (F) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A 1
333		-	SCHOOL NURSE OR ANY OTHER SCHOOL PERSONN EL WHO RESPOND IN GO OD FAITH 2
334		-	TO THE ASTHMA ATTACK OR RESPIRAT ORY DISTRESS OF A CH ILD IN ACCORDANCE 3
335		-	WITH THIS SECTION MA Y NOT BE HELD PERSON ALLY LIABLE FOR ANY ACT OR 4
336		-	OMISSION IN THE COUR SE OF RESPONDING TO THE CHILD IN DISTRES S. 5
337		-
338		-	(F) (G) (1) (I) FOR EACH INCIDENT AT THE SCHOOL OR AT A 6
339		-	RELATED SCHOOL EVENT THAT REQU IRED THE USE OF A BR ONCHODILATOR , EACH 7
340		-	PUBLIC SCHOOL SHALL : 8
341		-
342		-	1. NOTIFY THE STUDENT ’S PARENT OR LEGAL 9
343		-	GUARDIAN OF THE INCI DENT; AND 10
344		-
345		-	2. MAKE A RECORD OF THE INCIDENT, ON THE FORM 11
346		-	THAT THE DEPARTMENT REQUIRES , AND FILE THE FORM IN THE STUDENT’S SCHOOL 12
347		-	MEDICAL RECORD . 13
348		-
349		-	(II) EACH PUBLIC SCHOOL SH ALL SUBMIT TO THE 14
350		-	DEPARTMENT A REPORT , ON THE FORM AND SCHE DULE REQUIRED BY THE 15
351		-	DEPARTMENT , ON THE NUMBER OF INC IDENTS AT THE SCHOOL OR AT A RELATED 16
352		-	SCHOOL EVENT THAT RE QUIRED THE USE OF A BRONCHODILATOR . 17
353		-
354		-	(2) THE DEPARTMENT SHALL DEVE LOP AND DISSEMINATE 18
355		-	STANDARD FORMS TO RE CORD EACH INCIDENT A ND REPORT INCIDENTS REQUIRING 19
356		-	THE USE OF A BRONCHO DILATOR AT A PUBLIC SCHOOL. 20
357		-
358		-	7–426.7. 21
359		-
360		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 22
361		-	INDICATED. 23
362		-
363		-	(2) “ASTHMA” MEANS A CHRONIC LUNG DISEASE THAT INFLAME S 24
364		-	AND NARROWS AIR PASS AGES, CAUSING RECURRING PE RIODS OF WHEEZING , CHEST 25
365		-	TIGHTNESS, SHORTNESS OF BREATH , AND COUGHING . 26
366		-
367		-	(3) “BRONCHODILATOR ” MEANS MEDICATION THA T RELAXES 27
368		-	BRONCHIAL MUSCLES , RESULTING IN THE EXPANSION OF BRONCHIAL AIR 28
369		-	PASSAGES TO PROVIDE FAST TREATMENT OF AS THMA–RELATED SYMPTOMS AND 29
370		-	SYMPTOMS OF RESPIRAT ORY DISTRESS. 30
371		-
372		-	(4) “SCHOOL PERSONNEL ” MEANS INDIVIDUALS WH O ARE EMPLOYED 31
373		-	BY A NONPUBLIC SCHOO L, INCLUDING PART –TIME EMPLOYEES , TEACHERS AND 32
374		-	SUBSTITUTE TEACHERS EMPLOYED BY THE SCHO OL FOR AT LEAST 7 DAYS EACH 33 HOUSE BILL 384 9
375		-
376		-
377		-	SCHOOL YEAR , REGISTERED NURSE CAS E MANAGERS , DELEGATING NURSES , AND 1
378		-	ADMINISTRATIVE STAFF . 2
379		-
380		-	(B) (1) EACH EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 3
381		-	SUBSECTION, EACH NONPUBLIC SCHOOL IN THE STATE MAY ESTABLISH A POLICY 4
382		-	AUTHORIZING THE SCHO OL NURSE AND OTHER S CHOOL PERSONNEL TO 5
383		-	ADMINISTER, EXCEPT AS PROVIDED I N PARAGRAPH (2) OF THIS SUBSECTION , A 6
384		-	BRONCHODILATOR , IF AVAILABLE, TO A STUDENT WHO IS DETERMINED BY AN 7
385		-	INDIVIDUAL WHO HA S UNDERGONE THE TRAI NING PROVIDED UNDER § 7–426.2(C) 8
386		-	OF THIS SUBTITLE , IF AVAILABLE , TO HAVE ASTHMA , IS EXPERIENCING 9
387		-	ASTHMA–RELATED SYMPTOMS , OR IS PERCEIVED TO B E IN RESPIRATORY DIS TRESS, 10
388		-	REGARDLESS OF WHETHE R THE STUDENT : 11
389		-
390		-	(I) HAS BEEN DIAGNOSED WI TH ASTHMA OR REACTIVE A IRWAY 12
391		-	DISEASE; OR 13
392		-
393		-	(II) HAS A PRESCRIPTION FOR BEEN PRESCRIBED A 14
394		-	BRONCHODILATOR AS PRESCRIBED BY AN AUTHORIZED LIC ENSED HEALTH CARE 15
395		-	PRACTITIONER UNDER T HE HEALTH OCCUPATIONS ARTICLE. 16
396		-
397		-	(2) A SCHOOL NURSE OR ANY OTHER SCHOOL PERSONN EL MAY NOT 17
398		-	ADMINISTER A BRONCHO DILATOR TO A PREKIND ERGARTEN STUDENT UNL ESS THE 18
399		-	STUDENT HAS BEEN DIA GNOSED WITH ASTHMA O R A REACTIVE AIRWAY DISEASE 19
400		-	AND HAS A PRESCRIPTI ON FOR A BRONCHODILA TOR AS PRESCRIBED BY THE 20
401		-	STUDENT’S HEALTH CARE PRACTI TIONER. 21
402		-
403		-	(C) THE POLICY ESTABLISHED UNDER SUBSECTION (B) OF THIS SECTION 22
404		-	SHALL INCLUDE : 23
405		-
406		-	(1) TRAINING FOR SCHOOL N URSES AND OTHER SCHO OL PERSONNEL 24
407		-	ON HOW TO RECOGNIZE THE SIGNS AND SYMPTO MS OF ASTHMA AND RES PIRATORY 25
408		-	DISTRESS BY A LICENS ED HEALTH CARE PRACT ITIONER WHO IS AUTHORIZED TO 26
409		-	ADMINISTER A BRONCHO DILATOR AND WHO HAS BEEN TRAINED IN AN E STABLISHED 27
410		-	PROTOCOL ON HOW TO R ECOGNIZE THE SIGNS A ND SYMPTOMS OF ASTHM A AND 28
411		-	RESPIRATORY DISTRESS THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R § 29
412		-	7–426.2(C) OF THIS SUBTITLE FOR SCHOOL NURSES AND VOLUN TARY SCHOOL 30
413		-	PERSONNEL WHO ARE DE SIGNATED BY A SCHOOL NURSE AND, IN THE CLINICAL 31
414		-	JUDGMENT OF THE SCHO OL NURSE, ARE APPROPRIATE RECI PIENTS OF THE 32
415		-	TRAINING; 33
416		-
417		-	(2) PROCEDURES FOR THE EM ERGENCY ADMINISTRATI ON OF A 34
418		-	BRONCHODILATOR BY A SCHOOL NURSE OR DESIGNATED VOLUNTEER ; 35
419		-
420		-	(3) THE PROPER FOLLOW –UP EMERGENCY PROCEDU RES; 36 10 HOUSE BILL 384
421		-
422		-
423		-
424		-	(4) A PROVISION AUTHORIZIN G A SCHOOL NURSE OR ANY OTHER 1
425		-	LICENSED HEALTH CARE PRACTITIONER TO OBTA IN, AND A SCHOOL NURSE O R ANY 2
426		-	OTHER SCHOOL PERSONN EL TO STORE, AT A NONPUB LIC SCHOOL FOR USE I N AN 3
427		-	EMERGENCY SITUATION BRONCHODILATORS AND MODES OF DELIVERY , INCLUDING 4
428		-	INHALERS WITH SPACER S; 5
429		-
430		-	(5) A REQUIREMENT THAT THE NONPUBLIC SCHOOL DEV ELOP AND 6
431		-	IMPLEMENT A METHOD F OR NOTIFYING THE PAR ENTS OR GUARDIANS OF STUDENTS 7
432		-	OF THE SCH OOL’S POLICY UNDER THIS SECTION AT THE BEGIN NING OF EACH 8
433		-	SCHOOL YEAR ; AND 9
434		-
435		-	(6) AN ONGOING PROCESS FO R OVERSIGHT AND MONI TORING BY A 10
436		-	LICENSED HEALTH CARE PRACTITIONER OF THE IMPLEMENTATION OF TH E POLICY 11
437		-	ESTABLISHED UNDER SU BSECTION (B) OF THIS SECTION. 12
438		-
439		-	(D) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY 13
440		-	PROVIDE BRONCHODILAT ORS TO A SCHOOL NURS E OR ANY OTHER SCHOOL 14
441		-	PERSONNEL OR DESIGNATED VOLUNT EER FOR USE IN ACCORDANC E WITH THIS 15
442		-	SECTION. 16
443		-
444		-	(2) BRONCHODILATORS AND M ODES OF DELIVERY ADMINISTRATION , 17
445		-	INCLUDING INHALERS W ITH SPACERS, USED BY A SCHOOL NUR SE OR ANY OTHER 18
446		-	SCHOOL PERSONNEL MUS T BE FROM A LICENSED PHARMACY OR MANUFACT URER. 19
447		-
448		-	(3) A NONPUBLIC SCHOOL MAY ACCEPT DONATED 20
449		-	BRONCHODILATORS AND MODES OF DELIVERY ADMINISTRATION , INCLUDING 21
450		-	INHALERS WITH SPACER S, FROM A LICENSED PHAR MACY OR MANUFACTURER . 22
451		-
452		-	(4) A NONPUBLIC SCHOOL MAY APPLY FOR GRANTS TO OBTAIN 23
453		-	FUNDING FOR THE PURC HASE OF BRONCHODILAT ORS AND MODES OF DELIVERY 24
454		-	ADMINISTRATION , INCLUDING INHALERS W ITH SPACERS. 25
455		-
456		-	(E) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A SCHOOL 26
457		-	NURSE OR ANY OTHER S CHOOL PERSONNEL WHO RESPOND IN GOOD FAIT H TO THE 27
458		-	ASTHMA ATTACK OR RES PIRATORY DISTRESS OF A CHILD IN ACCORDANC E WITH 28
459		-	THIS SECTION MAY NOT BE HELD PERSONALLY L IABLE FOR ANY ACT OR OMISSION 29
460		-	IN THE COURSE OF RES PONDING TO THE CHILD IN DISTRESS. 30
461		-
462		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 31
463		-	1, 2022. 32
464		-
	246	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 15
	247	+	1, 2022. 16