EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0384*
HOUSE BILL 384
F1 2lr0933
By: Delegate Boyce
Introduced and read first time: January 19, 2022
Assigned to: Ways and Means
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 2, 2022
CHAPTER ______
AN ACT concerning 1
Public and Nonpublic Schools – Bronchodilator and Epinephrine Availability 2
and Use – Policy Policies 3
FOR the purpose of requiring each county board of education and authorizing nonpublic 4
schools in the State to establish a policy to obtain, administer, and train certain 5
school nurses and other school personnel to administer in emergency situations 6
bronchodilators to a student who is determined to have asthma and is experiencing 7
asthma–related symptoms or is perceived to be in respiratory distress by a school 8
nurse or any other school personnel; requiring each county board and authorizing 9
nonpublic schools in the State to update their policies to require certain school nurses 10
and other school personnel to complete a certain training before they are authorized 11
to administer auto–injectable epinephrine to a student who is determined to be, or 12
is perceived to be, in anaphylaxis; requiring the State Department of Education, in 13
consultation with certain groups, to identify or develop a training for certain school 14
personnel to identify symptoms of anaphylaxis, asthma, or respiratory distress in 15
students; and generally relating to a bronchodilator and epinephrine availability and 16
use policy policies in public and nonpublic schools in the State. 17
BY repealing and reenacting, with amendments, 18
Article – Education 19
Section 7–426.2 and 7–426.3 20
Annotated Code of Maryland 21
(2018 Replacement Volume and 2021 Supplement) 22
BY adding to 23 2 HOUSE BILL 384
Article – Education 1
Section 7–426.6 and 7–426.7 2
Annotated Code of Maryland 3
(2018 Replacement Volume and 2021 Supplement) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6
Article – Education 7
7–426.2. 8
(a) (1) In this section the following words have the meanings indicated. 9
(2) “Anaphylaxis” means a sudden, severe, and potentially life–threatening 10
allergic reaction that occurs when an individual is exposed to an allergen. 11
(3) “Auto–injectable epinephrine” means a portable, disposable drug 12
delivery device that contains a premeasured single dose of epinephrine that is used to treat 13
anaphylaxis in an emergency situation. 14
(b) Each county board shall establish a policy for public schools within its 15
jurisdiction to authorize the school nurse and other school personnel to administer 16
auto–injectable epinephrine, if available, to a student who is determined BY AN 17
INDIVIDUAL WHO HAS U NDERGONE THE TRAININ G PROVIDED IN SUBSEC TION (C) OF 18
THIS SECTION, IF AVAILABLE, to be or perceived to be in anaphylaxis, regardless of 19
whether the student: 20
(1) Has been identified as having an anaphylactic allergy, as defined in § 21
7–426.1 of this subtitle; or 22
(2) Has [a prescription for] BEEN PRESCRIBED epinephrine [as 23
prescribed] by an authorized licensed health care practitioner under the Health 24
Occupations Article. 25
(c) (1) THE DEPARTMENT , IN CONSULTATION WITH THE MARYLAND 26
DEPARTMENT OF HEALTH, THE AMERICAN LUNG ASSOCIATION, AND THE ASTHMA 27
AND ALLERGY FOUNDATION OF AMERICA, SHALL IDENTIFY OR DE VELOP A 28
TRAINING TO: 29
(I) IDENTIFY THE SYMPTOMS OF ASTHMA AND RES PIRATORY 30
DISTRESS; 31
(II) IDENTIFY THE SYMPTOMS OF ANAPHYLAXIS ; AND 32
HOUSE BILL 384 3
(III) HOW TO DISTINGUISH BE TWEEN ANAPHYLAXIS AN D 1
ASTHMA OR RESPIRATOR Y DISTRESS. 2
(2) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R PARAGRAPH 3
(1) OF THIS SUBSECTION S HALL BE PROVIDED TO SCHOOL NURSES AND VOLUNTARY 4
SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL NURSE AND , IN THE 5
CLINICAL JUDGMENT OF THE SCHOOL NURSE , ARE APPROPRIATE RECI PIENTS OF 6
THE TRAINING. 7
(3) THE TRAINING PROVIDED UNDER THIS SUBSECTIO N SHALL BE A 8
PAID PROFESSIO NAL DEVELOPMENT TRAI NING. 9
(D) The policy established under subsection (b) of this section shall include: 10
(1) [Training for school personnel on how to recognize the symptoms of 11
anaphylaxis] THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R SUBSECTION (C) OF 12
THIS SECTION; 13
(2) Procedures for the emergency administration of auto –injectable 14
epinephrine BY A SCHOOL NURSE OR DESIGNATED VOLUNTEER ; 15
(3) The proper follow–up emergency procedures; 16
(4) A provision authorizing a school nurse to obtain and store at a public 17
school auto–injectable epinephrine to be used in an emergency situation; and 18
(5) A requirement that each public school develop and implement a method 19
for notifying the parents or guardians of students of the school’s policy under this section 20
at the beginning of each school year. 21
(E) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY 22
PROVIDE AUTO –INJECTABLE EPINEPHRI NE TO A SCHOOL NURSE OR DESIGNATED 23
VOLUNTEER FOR USE IN ACCORDANCE WITH THIS SECTION. 24
(2) AUTO–INJECTABLE EPINEPHRI NE USED UNDER THIS SECTIO N 25
MUST BE FROM A LICEN SED PHARMACY OR MANU FACTURER. 26
(3) A COUNTY BOARD OR PUBL IC SCHOOL MAY ACCEPT DONATED 27
AUTO–INJECTABLE EPINEPHRI NE FROM A LICENSED P HARMACY OR 28
MANUFACTURER . 29
(4) A COUNTY BOARD MAY APP LY FOR GRANTS TO OBT AIN FUNDING 30
FOR THE PURCHASE OF AUTO–INJECTABLE EPINEPHRI NE FROM A LICENSED 31
PHARMACY OR MANUFACT URER. 32
4 HOUSE BILL 384
[(d)] (F) Except for any willful or grossly negligent act, a school nurse or other 1
school personnel who respond in good faith to the anaphylactic reaction of a child in 2
accordance with this section may not be held personally liable for any act or omission in the 3
course of responding to the reaction. 4
[(e)] (G) (1) Each public school shall submit, on the form that the Department 5
requires, a report to the Department on each incident at the school or at a related school 6
event that required the use of auto–injectable epinephrine. 7
(2) The Department shall develop and disseminate a standard form to 8
report each incident requiring the use of auto–injectable epinephrine at a public school. 9
7–426.3. 10
(a) (1) In this section the following words have the meanings indicated. 11
(2) “Anaphylaxis” means a sudden, severe, and potentially life–threatening 12
allergic reaction that occurs when an individual is exposed to an allergen. 13
(3) “Auto–injectable epinephrine” means a portable, disposable drug 14
delivery device that contains a premeasured single dose of epinephrine that is used to treat 15
anaphylaxis in an emergency situation. 16
(4) “School personnel” means individuals who are employed by a nonpublic 17
school, including part–time employees, teachers and substitute teachers employed by the 18
school for at least 7 days each school year, a school nurse, registered nurse case manager, 19
delegating nurse, and administrative staff. 20
(b) Each nonpublic school in the State may establish a policy authorizing school 21
personnel to administer auto–injectable epinephrine, if available, to a student who is 22
determined BY AN INDIVIDUAL WHO HAS UNDERGONE THE TR AINING PROVIDED 23
UNDER § 7–426.6(C) OF THIS SUBTITLE , IF AVAILABLE, to be or perceived to be in 24
anaphylaxis, regardless of whether the student: 25
(1) Has been identified as having an anaphylactic allergy, as defined in § 26
7–426.1 of this subtitle; or 27
(2) Has [a prescription for] BEEN PRESCRIBED epinephrine [as 28
prescribed] by an authorized licensed health care practitioner under the Health 29
Occupations Article. 30
(c) The policy established under subsection (b) of this section shall include: 31
(1) [Training for school personnel on how to recognize the signs and 32
symptoms of anaphylaxis by a licensed health care practitioner who is authorized to 33
administer auto–injectable epinephrine and who has been trained in an established 34 HOUSE BILL 384 5
protocol on how to recognize the signs and symptoms of anaphylaxis] THE TRAINING 1
IDENTIFIED OR DEVELO PED UNDER § 7–426.2(C) OF THIS SUBTITLE FOR SCHOOL 2
NURSES AND VOLUNTARY SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL 3
NURSE AND , IN THE CLINICAL JUDG MENT OF THE SCHOOL N URSE, ARE 4
APPROPRIATE RECIPIEN TS OF THE TRAINING ; 5
(2) Procedures for the emergency administration of auto –injectable 6
epinephrine BY A SCHOOL NURSE OR DESIGNATED VOLUNTEER ; 7
(3) The proper follow–up emergency procedures; 8
(4) A provision authorizing a school nurse or other licensed health care 9
practitioner to obtain and, school personnel to store, at a nonpublic school auto–injectable 10
epinephrine to be used in an emergency situation; 11
(5) A requirement that the nonpublic school develop and implement a 12
method for notifying the parents or guardians of students of the school’s policy under this 13
section at the beginning of each school year; and 14
(6) An ongoing process for oversight and monitoring by a licensed health 15
care practitioner of the implementation of the policy established under subsection (b) of this 16
section. 17
(D) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY 18
PROVIDE AUTO –INJECTABLE EPINEPHRI NE TO A SCHOOL NURSE OR DESIGNATED 19
VOLUNTEER FOR USE IN ACCORDANCE WITH THIS SECTION. 20
(2) AUTO–INJECTABLE EPINEPHRI NE USED UNDER THIS SECTION 21
MUST BE FROM A LICEN SED PHARMACY OR MANU FACTURER. 22
(3) A NONPUBLIC SCHOOL MAY ACCEPT DONATED AUTO –INJECTABLE 23
EPINEPHRINE FROM A L ICENSED PHARMACY OR MANUFACTURER . 24
(4) A NONPUBLIC SCHOOL MAY APPLY FOR GRANTS TO OBTAIN 25
FUNDING FOR TH E PURCHASE OF AUTO –INJECTABLE EPINEPHRI NE FROM A 26
LICENSED PHARMACY OR MANUFACTURER . 27
[(d)] (E) Except for any willful or grossly negligent act, school personnel who 28
respond in good faith to the anaphylactic reaction of a child in accordance with this section 29
may not be held personally liable for any act or omission in the course of responding to the 30
reaction. 31
7–426.6. 32
6 HOUSE BILL 384
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(2) “ASTHMA” MEANS A CHRONIC LUNG DISEASE THAT INFLAME S 3
AND NARROWS AIR PASSAGES , CAUSING RECURRING PE RIODS OF WHEEZING , CHEST 4
TIGHTNESS, SHORTNESS OF BREATH , AND COUGHING . 5
(3) “BRONCHODILATOR ” MEANS MEDICATION THA T RELAXES 6
BRONCHIAL MUSCLES , RESULTING IN THE EXP ANSION OF BRONCHIAL AIR 7
PASSAGES TO PROVIDE FAST TREATMENT OF ASTHMA –RELATED SYMPTOMS AND 8
SYMPTOMS OF RESPIRAT ORY DISTRESS. 9
(4) “SCHOOL PERSONNEL ” MEANS INDIVIDUALS WH O ARE EMPLOYED 10
BY A PUBLIC SCHOOL , INCLUDING PART –TIME EMPLOYEES , TEACHERS AND 11
SUBSTITUTE TEACHERS EMPLOYED BY THE SCHO OL FOR AT LEAST 7 DAYS EACH 12
SCHOOL YEAR , REGISTERED NURSE CAS E MANAGERS , DELEGATING NURSES , AND 13
ADMINISTRATIVE STAFF . 14
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 15
EACH COUNTY BOARD SH ALL ESTABLISH A POLI CY FOR PUBLIC SCHOOL S WITHIN ITS 16
JURISDICTION TO AUTH ORIZE THE SCHOOL NUR SE AND OTHER SCHOOL PERSONNEL 17
TO ADMINISTER A BRON CHODILATOR , IF AVAILABLE, TO A STUDEN T WHO IS 18
DETERMINED BY AN INDIVIDUAL WHO HAS UNDERGONE THE TR AINING PROVIDED 19
IN SUBSECTION (C) OF THIS SECTION , IF AVAILABLE, TO HAVE ASTHMA , IS 20
EXPERIENCING ASTHMA –RELATED SYMPTOMS , OR IS PERCEIVED TO B E IN 21
RESPIRATORY DISTRESS , REGARDLESS OF WHETHE R THE STUDENT: 22
(I) HAS BEEN DIAGNOSED WI TH ASTHMA OR REACTIV E AIRWAY 23
DISEASE; OR 24
(II) HAS A PRESCRIPTION FOR BEEN PRESCRIBED A 25
BRONCHODILATOR AS PRESCRIBED BY AN AUTHORIZED LIC ENSED HEALTH CARE 26
PRACTITIONER UNDER T HE HEALTH OCCUPATIONS ARTICLE. 27
(2) A SCHOOL NURSE OR ANY OTHER SCHOOL PERSONN EL MAY NOT 28
NEITHER A SCHOOL NURS E NOR ANY OTHER SCHO OL PERSONNEL MAY ADMINISTER 29
A BRONCHODILATOR TO A PREKINDERGARTEN ST UDENT UNLESS THE STU DENT HAS 30
BEEN DIAGNOSED WITH ASTHMA OR A REACTIVE AIRWAY DISEASE AND H AS A 31
PRESCRIPTION FOR A BR ONCHODILATOR AS PRES CRIBED BY THE STUDEN T’S 32
HEALTH CARE PRACTITI ONER. 33
(C) (1) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R § 7–426.2(C) 34
OF THIS SUBTITLE SHA LL BE PROVIDED TO SC HOOL NURSES AND OTHE R 35
VOLUNTARY SCHOOL PER SONNEL WHO ARE DESIGNATED BY A SCHO OL NURSE AND, 36 HOUSE BILL 384 7
IN THE CLINICAL JUDG MENT OF THE SCHOOL N URSE, ARE APPROPRIATE 1
RECIPIENTS OF THE TR AINING. 2
(2) THE TRAINING PROVIDED UNDER THIS SUBSECTIO N SHALL BE A 3
PAID PROFESSIONAL DE VELOPMENT TRAINING . 4
(D) THE POLICY ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION 5
SHALL INCLUDE : 6
(1) TRAINING FOR SCHOOL N URSES AND OTHER SCHO OL PERSONNEL 7
ON HOW TO RECOGNIZE THE SIGNS AND SYMPTO MS OF ASTHMA AND RES PIRATORY 8
DISTRESS THE TRAINING REQUIRED UNDER SUBSECTION (C) OF THIS SECTION; 9
(2) PROCEDURES FOR THE EM ERGENCY ADMINISTRATI ON OF A 10
BRONCHODILATOR BY A SCHOOL NURSE OR DESIGNATED VOLUNTEER ; 11
(3) THE PROPER FOLLOW –UP EMERGENCY PROCEDU RES; 12
(4) A PROVISION AUTHORIZIN G A SCHOOL NURSE TO OBTAIN AND 13
STORE AT A PUBLIC SC HOOL BRONCHODILATO RS AND MODES OF DELI VERY, 14
INCLUDING INHALERS W ITH SPACERS, TO BE USED IN AN EME RGENCY SITUATION ; 15
AND 16
(5) A REQUIREMENT THAT EAC H PUBLIC SCHOOL DEVE LOP AND 17
IMPLEMENT A METHOD F OR NOTIFYING THE PAR ENTS OR GUARDIANS OF STUDENTS 18
OF THE SCHOOL ’S POLICY UNDE R THIS SECTION AT TH E BEGINNING OF EACH 19
SCHOOL YEAR . 20
(D) (E) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER 21
MAY PROVIDE BRONCHOD ILATORS TO A SCHOOL NURSE OR ANY OTHER SCHOOL 22
PERSONNEL OR DESIGNATED VOLUNT EER FOR USE IN ACCORDANC E WITH THIS 23
SECTION. 24
(2) BRONCHODILATORS AND M ODES OF DELIVERY ADMINISTRATION , 25
INCLUDING INHALERS W ITH SPACERS, USED BY A SCHOOL NUR SE OR ANY OTHER 26
SCHOOL PERSONNEL MUS T BE FROM A LICENSED PHARMACY OR MANUFACT URER. 27
(3) A COUNTY BOARD OR PUBL IC SCHOOL MAY ACCEPT DONATED 28
BRONCHODILATORS AND MODES OF DELIVERY ADMINISTRATION , INCLUDING 29
INHALERS WITH SPACER S, FROM A LICENSED PHAR MACY OR MANUFACTURER . 30
(4) A COUNTY BOARD MAY APP LY FOR GRANTS TO OBT AIN FUNDING 31
FOR THE PURCHA SE OF BRONCHODILATOR S AND MODES OF DELIVERY 32
ADMINISTRATION , INCLUDING INHALERS W ITH SPACERS. 33 8 HOUSE BILL 384
(E) (F) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A 1
SCHOOL NURSE OR ANY OTHER SCHOOL PERSONN EL WHO RESPOND IN GO OD FAITH 2
TO THE ASTHMA ATTACK OR RESPIRAT ORY DISTRESS OF A CH ILD IN ACCORDANCE 3
WITH THIS SECTION MA Y NOT BE HELD PERSON ALLY LIABLE FOR ANY ACT OR 4
OMISSION IN THE COUR SE OF RESPONDING TO THE CHILD IN DISTRES S. 5
(F) (G) (1) (I) FOR EACH INCIDENT AT THE SCHOOL OR AT A 6
RELATED SCHOOL EVENT THAT REQU IRED THE USE OF A BR ONCHODILATOR , EACH 7
PUBLIC SCHOOL SHALL : 8
1. NOTIFY THE STUDENT ’S PARENT OR LEGAL 9
GUARDIAN OF THE INCI DENT; AND 10
2. MAKE A RECORD OF THE INCIDENT, ON THE FORM 11
THAT THE DEPARTMENT REQUIRES , AND FILE THE FORM IN THE STUDENT’S SCHOOL 12
MEDICAL RECORD . 13
(II) EACH PUBLIC SCHOOL SH ALL SUBMIT TO THE 14
DEPARTMENT A REPORT , ON THE FORM AND SCHE DULE REQUIRED BY THE 15
DEPARTMENT , ON THE NUMBER OF INC IDENTS AT THE SCHOOL OR AT A RELATED 16
SCHOOL EVENT THAT RE QUIRED THE USE OF A BRONCHODILATOR . 17
(2) THE DEPARTMENT SHALL DEVE LOP AND DISSEMINATE 18
STANDARD FORMS TO RE CORD EACH INCIDENT A ND REPORT INCIDENTS REQUIRING 19
THE USE OF A BRONCHO DILATOR AT A PUBLIC SCHOOL. 20
7–426.7. 21
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 22
INDICATED. 23
(2) “ASTHMA” MEANS A CHRONIC LUNG DISEASE THAT INFLAME S 24
AND NARROWS AIR PASS AGES, CAUSING RECURRING PE RIODS OF WHEEZING , CHEST 25
TIGHTNESS, SHORTNESS OF BREATH , AND COUGHING . 26
(3) “BRONCHODILATOR ” MEANS MEDICATION THA T RELAXES 27
BRONCHIAL MUSCLES , RESULTING IN THE EXPANSION OF BRONCHIAL AIR 28
PASSAGES TO PROVIDE FAST TREATMENT OF AS THMA–RELATED SYMPTOMS AND 29
SYMPTOMS OF RESPIRAT ORY DISTRESS. 30
(4) “SCHOOL PERSONNEL ” MEANS INDIVIDUALS WH O ARE EMPLOYED 31
BY A NONPUBLIC SCHOO L, INCLUDING PART –TIME EMPLOYEES , TEACHERS AND 32
SUBSTITUTE TEACHERS EMPLOYED BY THE SCHO OL FOR AT LEAST 7 DAYS EACH 33 HOUSE BILL 384 9
SCHOOL YEAR , REGISTERED NURSE CAS E MANAGERS , DELEGATING NURSES , AND 1
ADMINISTRATIVE STAFF . 2
(B) (1) EACH EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 3
SUBSECTION, EACH NONPUBLIC SCHOOL IN THE STATE MAY ESTABLISH A POLICY 4
AUTHORIZING THE SCHO OL NURSE AND OTHER S CHOOL PERSONNEL TO 5
ADMINISTER, EXCEPT AS PROVIDED I N PARAGRAPH (2) OF THIS SUBSECTION , A 6
BRONCHODILATOR , IF AVAILABLE, TO A STUDENT WHO IS DETERMINED BY AN 7
INDIVIDUAL WHO HA S UNDERGONE THE TRAI NING PROVIDED UNDER § 7–426.2(C) 8
OF THIS SUBTITLE , IF AVAILABLE , TO HAVE ASTHMA , IS EXPERIENCING 9
ASTHMA–RELATED SYMPTOMS , OR IS PERCEIVED TO B E IN RESPIRATORY DIS TRESS, 10
REGARDLESS OF WHETHE R THE STUDENT : 11
(I) HAS BEEN DIAGNOSED WI TH ASTHMA OR REACTIVE A IRWAY 12
DISEASE; OR 13
(II) HAS A PRESCRIPTION FOR BEEN PRESCRIBED A 14
BRONCHODILATOR AS PRESCRIBED BY AN AUTHORIZED LIC ENSED HEALTH CARE 15
PRACTITIONER UNDER T HE HEALTH OCCUPATIONS ARTICLE. 16
(2) A SCHOOL NURSE OR ANY OTHER SCHOOL PERSONN EL MAY NOT 17
ADMINISTER A BRONCHO DILATOR TO A PREKIND ERGARTEN STUDENT UNL ESS THE 18
STUDENT HAS BEEN DIA GNOSED WITH ASTHMA O R A REACTIVE AIRWAY DISEASE 19
AND HAS A PRESCRIPTI ON FOR A BRONCHODILA TOR AS PRESCRIBED BY THE 20
STUDENT’S HEALTH CARE PRACTI TIONER. 21
(C) THE POLICY ESTABLISHED UNDER SUBSECTION (B) OF THIS SECTION 22
SHALL INCLUDE : 23
(1) TRAINING FOR SCHOOL N URSES AND OTHER SCHO OL PERSONNEL 24
ON HOW TO RECOGNIZE THE SIGNS AND SYMPTO MS OF ASTHMA AND RES PIRATORY 25
DISTRESS BY A LICENS ED HEALTH CARE PRACT ITIONER WHO IS AUTHORIZED TO 26
ADMINISTER A BRONCHO DILATOR AND WHO HAS BEEN TRAINED IN AN E STABLISHED 27
PROTOCOL ON HOW TO R ECOGNIZE THE SIGNS A ND SYMPTOMS OF ASTHM A AND 28
RESPIRATORY DISTRESS THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R § 29
7–426.2(C) OF THIS SUBTITLE FOR SCHOOL NURSES AND VOLUN TARY SCHOOL 30
PERSONNEL WHO ARE DE SIGNATED BY A SCHOOL NURSE AND, IN THE CLINICAL 31
JUDGMENT OF THE SCHO OL NURSE, ARE APPROPRIATE RECI PIENTS OF THE 32
TRAINING; 33
(2) PROCEDURES FOR THE EM ERGENCY ADMINISTRATI ON OF A 34
BRONCHODILATOR BY A SCHOOL NURSE OR DESIGNATED VOLUNTEER ; 35
(3) THE PROPER FOLLOW –UP EMERGENCY PROCEDU RES; 36 10 HOUSE BILL 384
(4) A PROVISION AUTHORIZIN G A SCHOOL NURSE OR ANY OTHER 1
LICENSED HEALTH CARE PRACTITIONER TO OBTA IN, AND A SCHOOL NURSE O R ANY 2
OTHER SCHOOL PERSONN EL TO STORE, AT A NONPUB LIC SCHOOL FOR USE I N AN 3
EMERGENCY SITUATION BRONCHODILATORS AND MODES OF DELIVERY , INCLUDING 4
INHALERS WITH SPACER S; 5
(5) A REQUIREMENT THAT THE NONPUBLIC SCHOOL DEV ELOP AND 6
IMPLEMENT A METHOD F OR NOTIFYING THE PAR ENTS OR GUARDIANS OF STUDENTS 7
OF THE SCH OOL’S POLICY UNDER THIS SECTION AT THE BEGIN NING OF EACH 8
SCHOOL YEAR ; AND 9
(6) AN ONGOING PROCESS FO R OVERSIGHT AND MONI TORING BY A 10
LICENSED HEALTH CARE PRACTITIONER OF THE IMPLEMENTATION OF TH E POLICY 11
ESTABLISHED UNDER SU BSECTION (B) OF THIS SECTION. 12
(D) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY 13
PROVIDE BRONCHODILAT ORS TO A SCHOOL NURS E OR ANY OTHER SCHOOL 14
PERSONNEL OR DESIGNATED VOLUNT EER FOR USE IN ACCORDANC E WITH THIS 15
SECTION. 16
(2) BRONCHODILATORS AND M ODES OF DELIVERY ADMINISTRATION , 17
INCLUDING INHALERS W ITH SPACERS, USED BY A SCHOOL NUR SE OR ANY OTHER 18
SCHOOL PERSONNEL MUS T BE FROM A LICENSED PHARMACY OR MANUFACT URER. 19
(3) A NONPUBLIC SCHOOL MAY ACCEPT DONATED 20
BRONCHODILATORS AND MODES OF DELIVERY ADMINISTRATION , INCLUDING 21
INHALERS WITH SPACER S, FROM A LICENSED PHAR MACY OR MANUFACTURER . 22
(4) A NONPUBLIC SCHOOL MAY APPLY FOR GRANTS TO OBTAIN 23
FUNDING FOR THE PURC HASE OF BRONCHODILAT ORS AND MODES OF DELIVERY 24
ADMINISTRATION , INCLUDING INHALERS W ITH SPACERS. 25
(E) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A SCHOOL 26
NURSE OR ANY OTHER S CHOOL PERSONNEL WHO RESPOND IN GOOD FAIT H TO THE 27
ASTHMA ATTACK OR RES PIRATORY DISTRESS OF A CHILD IN ACCORDANC E WITH 28
THIS SECTION MAY NOT BE HELD PERSONALLY L IABLE FOR ANY ACT OR OMISSION 29
IN THE COURSE OF RES PONDING TO THE CHILD IN DISTRESS. 30
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 31
1, 2022. 32