MD
Maryland House Bill HB86

Maryland 2024 Regular Session

Maryland House Bill HB86 Compare Versions

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1- WES MOORE, Governor Ch. 280
21
3-– 1 –
4-Chapter 280
5-(House Bill 86)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
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+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0086*
810
9-Public and Nonpublic Schools – Auto–Injectable Epinephrine and
10-Bronchodilators – Use, Availability, Training, and Policies
11+HOUSE BILL 86
12+F1 (4lr0815)
13+ENROLLED BILL
14+— Ways and Means/Education, Energy, and the Environment —
15+Introduced by Delegates Boyce, Lehman, McCaskill, and Ruth
1116
12-FOR the purpose of requiring each county board of education and authorizing nonpublic
13-schools in the State to update their policies to require certain school nurses and other
14-school personnel to complete certain training before they are authorized to
15-administer auto–injectable epinephrine to a student who is determined to be, or is
16-perceived to be, in anaphylaxis; requiring the State Department of Education, in
17-consultation with certain groups the Maryland Department of Health certain groups,
18-to identify or develop training for certain school personnel to identify symptoms of
19-anaphylaxis, asthma, and respiratory distress in students; requiring each county
20-board the Maryland Department of Health, in consultation with county boards, and
21-authorizing nonpublic schools in the State to establish a policy to obtain, administer,
22-and train certain school nurses and other school personnel to administer in
23-emergency situations bronchodilators to a student who is determined to have
24-asthma, is be, or is perceived to be, experiencing asthma–related symptoms,
25-symptoms or is perceived to be in respiratory distress by a school nurse or any other
26-certain designated school personnel; and generally relating to use and availability of
27-auto–injectable epinephrine and bronchodilators in public and nonpublic schools in
28-the State.
17+Read and Examined by Proofreaders:
2918
30-BY repealing and reenacting, with amendments,
31- Article – Education
32-Section 7–426.2 and 7–426.3
33- Annotated Code of Maryland
34- (2022 Replacement Volume and 2023 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
3523
36-BY adding to
37- Article – Education
38-Section 7–426.6 and 7–426.7
39- Annotated Code of Maryland
40- (2022 Replacement Volume and 2023 Supplement)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
4125
42- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
43-That the Laws of Maryland read as follows:
26+_______ day of _______________ at ________________________ o’clock, ________M.
4427
45-Article – Education
28+______________________________________________
29+Speaker.
4630
47-7–426.2.
31+CHAPTER ______
4832
49- (a) (1) In this section the following words have the meanings indicated. Ch. 280 2024 LAWS OF MARYLAND
33+AN ACT concerning 1
5034
51-– 2 –
35+Public and Nonpublic Schools – Auto–Injectable Epinephrine and 2
36+Bronchodilators – Use, Availability, Training, and Policies 3
5237
53- (2) “Anaphylaxis” means a sudden, severe, and potentially life–threatening
54-allergic reaction that occurs when an individual is exposed to an allergen.
38+FOR the purpose of requiring each county board of education and authorizing nonpublic 4
39+schools in the State to update their policies to require certain school nurses and other 5
40+school personnel to complete certain training before they are authorized to 6
41+administer auto–injectable epinephrine to a student who is determined to be, or is 7
42+perceived to be, in anaphylaxis; requiring the State Department of Education, in 8
43+consultation with certain groups the Maryland Department of Health certain groups, 9
44+to identify or develop training for certain school personnel to identify symptoms of 10
45+anaphylaxis, asthma, and respiratory distress in students; requiring each county 11
46+board the Maryland Department of Health, in consultation with county boards, and 12
47+authorizing nonpublic schools in the State to establish a policy to obtain, administer, 13
48+and train certain school nurses and other school personnel to administer in 14
49+emergency situations bronchodilators to a student who is determined to have 15 2 HOUSE BILL 86
5550
56- (3) “Auto–injectable epinephrine” means a portable, disposable drug
57-delivery device that contains a premeasured single dose of epinephrine that is used to treat
58-anaphylaxis in an emergency situation.
5951
60- (b) Each county board shall establish a policy for public schools within its
61-jurisdiction to authorize the school nurse and other school personnel to administer
62-auto–injectable epinephrine, if available, to a student who is determined BY AN
63-INDIVIDUAL WHO HAS U NDERGONE THE TRAININ G PROVIDED UNDER SUB SECTION
64-(C) OF THIS SECTION, IF AVAILABLE, to be or perceived to be in anaphylaxis, regardless
65-of whether the student:
52+asthma, is be, or is perceived to be, experiencing asthma–related symptoms, 1
53+symptoms or is perceived to be in respiratory distress by a school nurse or any other 2
54+certain designated school personnel; and generally relating to use and availability of 3
55+auto–injectable epinephrine and bronchodilators in public and nonpublic schools in 4
56+the State. 5
6657
67- (1) Has been identified as having an anaphylactic allergy, as defined in §
68-7–426.1 of this subtitle; or
58+BY repealing and reenacting, with amendments, 6
59+ Article – Education 7
60+Section 7–426.2 and 7–426.3 8
61+ Annotated Code of Maryland 9
62+ (2022 Replacement Volume and 2023 Supplement) 10
6963
70- (2) Has [a prescription for] BEEN PRESCRIBED epinephrine [as
71-prescribed] by an authorized licensed health care practitioner under the Health
72-Occupations Article.
64+BY adding to 11
65+ Article – Education 12
66+Section 7–426.6 and 7–426.7 13
67+ Annotated Code of Maryland 14
68+ (2022 Replacement Volume and 2023 Supplement) 15
7369
74- (c) (1) THE DEPARTMENT , IN CONSULTATION WITH THE MARYLAND
75-DEPARTMENT OF HEALTH, THE AMERICAN LUNG ASSOCIATION, AND THE ASTHMA
76-AND ALLERGY FOUNDATION OF AMERICA, SHALL IDENTIFY OR DE VELOP TRAINING
77-TO:
70+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
71+That the Laws of Maryland read as follows: 17
7872
79- (I) IDENTIFY THE SYMPTOMS OF ASTHMA AND RESPIR ATORY
80-DISTRESS;
73+Article – Education 18
8174
82- (II) IDENTIFY THE SYMPTOMS OF ANAPHYLAXIS ; AND
75+7–426.2. 19
8376
84- (III) DISTINGUISH BETWEEN A NAPHYLAXIS AND ASTHM A OR
85-RESPIRATORY DISTRES S.
77+ (a) (1) In this section the following words have the meanings indicated. 20
8678
87- (2) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R PARAGRAPH
88-(1) OF THIS SUBSECTION S HALL BE PROVIDED TO SCHOOL NURSES AND VO LUNTARY
89-SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL NURSE AND , IN THE
90-CLINICAL JUDGMENT OF THE SCHOOL NURSE , ARE APPROPRIATE RECIPIENTS OF
91-THE TRAINING.
79+ (2) “Anaphylaxis” means a sudden, severe, and potentially life–threatening 21
80+allergic reaction that occurs when an individual is exposed to an allergen. 22
9281
93- (3) THE TRAINING PROVIDED UNDER THIS SUBSECTIO N SHALL BE A
94-PAID PROFESSIONAL DE VELOPMENT TRAINING .
95- WES MOORE, Governor Ch. 280
82+ (3) “Auto–injectable epinephrine” means a portable, disposable drug 23
83+delivery device that contains a premeasured single dose of epinephrine that is used to treat 24
84+anaphylaxis in an emergency situation. 25
9685
97-– 3 –
98- (D) The policy established under subsection (b) of this section shall include:
86+ (b) Each county board shall establish a policy for public schools within its 26
87+jurisdiction to authorize the school nurse and other school personnel to administer 27
88+auto–injectable epinephrine, if available, to a student who is determined BY AN 28
89+INDIVIDUAL WHO HAS U NDERGONE THE TRAININ G PROVIDED UNDER SUBSEC TION 29
90+(C) OF THIS SECTION, IF AVAILABLE, to be or perceived to be in anaphylaxis, regardless 30
91+of whether the student: 31
9992
100- (1) [Training for school personnel on how to recognize the symptoms of
101-anaphylaxis] THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R SUBSECTION (C) OF
102-THIS SECTION;
93+ (1) Has been identified as having an anaphylactic allergy, as defined in § 32
94+7–426.1 of this subtitle; or 33
95+ HOUSE BILL 86 3
10396
104- (2) Procedures for the emergency administration of auto –injectable
105-epinephrine BY A SCHOOL NURSE OR DESIGNATED VOLUNTEER ;
10697
107- (3) The proper follow–up emergency procedures;
98+ (2) Has [a prescription for] BEEN PRESCRIBED epinephrine [as 1
99+prescribed] by an authorized licensed health care practitioner under the Health 2
100+Occupations Article. 3
108101
109- (4) A provision authorizing a school nurse to obtain and store at a public
110-school auto–injectable epinephrine to be used in an emergency situation; and
102+ (c) (1) THE DEPARTMENT , IN CONSULTATION WITH THE MARYLAND 4
103+DEPARTMENT OF HEALTH, THE AMERICAN LUNG ASSOCIATION, AND THE ASTHMA 5
104+AND ALLERGY FOUNDATION OF AMERICA, SHALL IDENTIFY OR DE VELOP TRAINING 6
105+TO: 7
111106
112- (5) A requirement that each public school develop and implement a method
113-for notifying the parents or guardians of students of the school’s policy under this section
114-at the beginning of each school year.
107+ (I) IDENTIFY THE SYMPTOMS OF ASTHMA AND RESPIR ATORY 8
108+DISTRESS; 9
115109
116- (E) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY
117-PROVIDE AUTO –INJECTABLE EPINEPHRI NE TO A SCHOOL NURSE OR DESIGNATED
118-VOLUNTEER FOR USE IN ACCORDANCE WITH THIS SECTION.
110+ (II) IDENTIFY THE SYMPTOMS OF ANAPHYLAXIS ; AND 10
119111
120- (2) AUTO–INJECTABLE EPINEPHRI NE USED UNDER THIS S ECTION
121-MUST BE FROM A LICEN SED PHARMACY OR MANU FACTURER.
112+ (III) DISTINGUISH BETWEEN A NAPHYLAXIS AND ASTHMA OR 11
113+RESPIRATORY DISTRESS . 12
122114
123- (3) A COUNTY BOARD OR PUBL IC SCHOOL MAY ACCEPT DONATED
124-AUTO–INJECTABLE EPINEPHRINE FROM A L ICENSED PHARMACY OR
125-MANUFACTURER .
115+ (2) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R PARAGRAPH 13
116+(1) OF THIS SUBSECTION S HALL BE PROVIDED TO SCHOOL NURSES AND VO LUNTARY 14
117+SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL NURSE AND , IN THE 15
118+CLINICAL JUDGMENT OF THE SCHOOL NURSE , ARE APPROPRIATE RECI PIENTS OF 16
119+THE TRAINING. 17
126120
127- (4) A COUNTY BOARD MAY APP LY FOR GRANTS TO OBT AIN FUNDING
128-FOR THE PURCHASE OF AUTO–INJECTABLE EPINEPHRI NE FROM A LICENSED
129-PHARMACY OR MANUFACT URER.
121+ (3) THE TRAINING PROVIDED UNDER THIS SUBSECTIO N SHALL BE A 18
122+PAID PROFESSIONAL DE VELOPMENT TRAINING . 19
130123
131- [(d)] (F) Except for any willful or grossly negligent act, a school nurse or other
132-school personnel who respond in good faith to the anaphylactic reaction of a child in
133-accordance with this section may not be held personally liable for any act or omission in the
134-course of responding to the reaction.
124+ (D) The policy established under subsection (b) of this section shall include: 20
135125
136- [(e)] (G) (1) Each public school shall submit, on the form that the Department
137-requires, a report to the Department on each incident at the school or at a related school
138-event that required the use of auto–injectable epinephrine.
126+ (1) [Training for school personnel on how to recognize the symptoms of 21
127+anaphylaxis] THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R SUBSECTION (C) OF 22
128+THIS SECTION; 23
139129
140- (2) The Department shall develop and disseminate a standard form to
141-report each incident requiring the use of auto–injectable epinephrine at a public school.
142- Ch. 280 2024 LAWS OF MARYLAND
130+ (2) Procedures for the emergency administration of auto –injectable 24
131+epinephrine BY A SCHOOL NURSE OR DESIGNATED VOLUNTEER ; 25
143132
144-– 4 –
145-7–426.3.
133+ (3) The proper follow–up emergency procedures; 26
146134
147- (a) (1) In this section the following words have the meanings indicated.
135+ (4) A provision authorizing a school nurse to obtain and store at a public 27
136+school auto–injectable epinephrine to be used in an emergency situation; and 28
148137
149- (2) “Anaphylaxis” means a sudden, severe, and potentially life–threatening
150-allergic reaction that occurs when an individual is exposed to an allergen.
138+ (5) A requirement that each public school develop and implement a method 29
139+for notifying the parents or guardians of students of the school’s policy under this section 30
140+at the beginning of each school year. 31
141+ 4 HOUSE BILL 86
151142
152- (3) “Auto–injectable epinephrine” means a portable, disposable drug
153-delivery device that contains a premeasured single dose of epinephrine that is used to treat
154-anaphylaxis in an emergency situation.
155143
156- (4) “School personnel” means individuals who are employed by a nonpublic
157-school, including part–time employees, teachers and substitute teachers employed by the
158-school for at least 7 days each school year, a school nurse, registered nurse case manager,
159-delegating nurse, and administrative staff.
144+ (E) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY 1
145+PROVIDE AUTO –INJECTABLE EPINEPHRINE TO A SCHOOL NURSE OR DESIGNATED 2
146+VOLUNTEER FOR USE IN ACCORDANCE WITH THIS SECTION. 3
160147
161- (b) Each nonpublic school in the State may establish a policy authorizing school
162-personnel to administer auto–injectable epinephrine, if available, to a student who is
163-determined BY AN INDIVIDUAL WHO HAS UNDERGONE THE TR AINING PROVIDED
164-UNDER § 7–426.2(C) OF THIS SUBTITLE , IF AVAILABLE, to be or perceived to be in
165-anaphylaxis, regardless of whether the student:
148+ (2) AUTO–INJECTABLE EPINEPHRI NE USED UNDER THIS S ECTION 4
149+MUST BE FROM A LICEN SED PHARMACY OR MANU FACTURER. 5
166150
167- (1) Has been identified as having an anaphylactic allergy, as defined in §
168-7–426.1 of this subtitle; or
151+ (3) A COUNTY BOARD OR PUBL IC SCHOOL MAY ACCEPT DONATED 6
152+AUTO–INJECTABLE EPINEPHRI NE FROM A LICENSED P HARMACY OR 7
153+MANUFACTURER . 8
169154
170- (2) Has [a prescription for] BEEN PRESCRIBED epinephrine [as
171-prescribed] by an authorized licensed health care practitioner under the Health
172-Occupations Article.
155+ (4) A COUNTY BOARD MAY APP LY FOR GRANTS TO OBT AIN FUNDING 9
156+FOR THE PURCHASE OF AUTO–INJECTABLE EPINEPHRI NE FROM A LICENSED 10
157+PHARMACY OR MANUFACT URER. 11
173158
174- (c) The policy established under subsection (b) of this section shall include:
159+ [(d)] (F) Except for any willful or grossly negligent act, a school nurse or other 12
160+school personnel who respond in good faith to the anaphylactic reaction of a child in 13
161+accordance with this section may not be held personally liable for any act or omission in the 14
162+course of responding to the reaction. 15
175163
176- (1) [Training for school personnel on how to recognize the signs and
177-symptoms of anaphylaxis by a licensed health care practitioner who is authorized to
178-administer auto–injectable epinephrine and who has been trained in an established
179-protocol on how to recognize the signs and symptoms of anaphylaxis] THE TRAINING
180-IDENTIFIED OR DEVELO PED UNDER § 7–426.2(C) OF THIS SUBTITLE FOR SCHOOL
181-NURSES AND VOLUNTARY SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL
182-NURSE AND , IN THE CLINICAL JUDG MENT OF THE SCHOOL N URSE, ARE
183-APPROPRIATE RECIPIEN TS OF THE TRAINING ;
164+ [(e)] (G) (1) Each public school shall submit, on the form that the Department 16
165+requires, a report to the Department on each incident at the school or at a related school 17
166+event that required the use of auto–injectable epinephrine. 18
184167
185- (2) Procedures for the emergency administration of auto –injectable
186-epinephrine BY A SCHOOL NURSE OR DESIGNATED VOLUNTEER ;
168+ (2) The Department shall develop and disseminate a standard form to 19
169+report each incident requiring the use of auto–injectable epinephrine at a public school. 20
187170
188- (3) The proper follow–up emergency procedures;
189- WES MOORE, Governor Ch. 280
171+7–426.3. 21
190172
191-– 5 –
192- (4) A provision authorizing a school nurse or other licensed health care
193-practitioner to obtain and, school personnel to store, at a nonpublic school auto–injectable
194-epinephrine to be used in an emergency situation;
173+ (a) (1) In this section the following words have the meanings indicated. 22
195174
196- (5) A requirement that the nonpublic school develop and implement a
197-method for notifying the parents or guardians of students of the school’s policy under this
198-section at the beginning of each school year; and
175+ (2) “Anaphylaxis” means a sudden, severe, and potentially life–threatening 23
176+allergic reaction that occurs when an individual is exposed to an allergen. 24
199177
200- (6) An ongoing process for oversight and monitoring by a licensed health
201-care practitioner of the implementation of the policy established under subsection (b) of this
202-section.
178+ (3) “Auto–injectable epinephrine” means a portable, disposable drug 25
179+delivery device that contains a premeasured single dose of epinephrine that is used to treat 26
180+anaphylaxis in an emergency situation. 27
203181
204- (D) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY
205-PROVIDE AUTO –INJECTABLE EPINEPHRI NE TO A SCHOOL NURSE OR DESIGNATED
206-VOLUNTEER FOR USE IN ACCORDANCE WITH THIS SECTION.
182+ (4) “School personnel” means individuals who are employed by a nonpublic 28
183+school, including part–time employees, teachers and substitute teachers employed by the 29
184+school for at least 7 days each school year, a school nurse, registered nurse case manager, 30
185+delegating nurse, and administrative staff. 31
207186
208- (2) AUTO–INJECTABLE EPINEPHRI NE USED UNDER THIS S ECTION
209-MUST BE FROM A LICEN SED PHARMACY OR MANU FACTURER.
187+ (b) Each nonpublic school in the State may establish a policy authorizing school 32
188+personnel to administer auto–injectable epinephrine, if available, to a student who is 33
189+determined BY AN INDIVIDUAL WHO HAS UNDERGONE THE TR AINING PROVIDED 34 HOUSE BILL 86 5
210190
211- (3) A NONPUBLIC SCHOOL MAY ACCEPT DONATED AUTO –INJECTABLE
212-EPINEPHRINE FROM A L ICENSED PHARMACY OR MANUFACT URER.
213191
214- (4) A NONPUBLIC SCHOOL MAY APPLY FOR GRANTS TO OBTAIN
215-FUNDING FOR THE PURC HASE OF AUTO –INJECTABLE EPINEPHRI NE FROM A
216-LICENSED PHARMACY OR MANUFACTURER .
192+UNDER § 7–426.2(C) OF THIS SUBTITLE , IF AVAILABLE, to be or perceived to be in 1
193+anaphylaxis, regardless of whether the student: 2
217194
218- [(d)] (E) Except for any willful or grossly negligent act, school personnel who
219-respond in good faith to the anaphylactic reaction of a child in accordance with this section
220-may not be held personally liable for any act or omission in the course of responding to the
221-reaction.
195+ (1) Has been identified as having an anaphylactic allergy, as defined in § 3
196+7–426.1 of this subtitle; or 4
222197
223-7–426.6.
198+ (2) Has [a prescription for] BEEN PRESCRIBED epinephrine [as 5
199+prescribed] by an authorized licensed health care practitioner under the Health 6
200+Occupations Article. 7
224201
225- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANI NGS
226-INDICATED.
202+ (c) The policy established under subsection (b) of this section shall include: 8
227203
228- (2) “ASTHMA” MEANS A CHRONIC LUNG DISEASE THAT INFLAME S
229-AND NARROWS AIR PASS AGES, CAUSING RECURRING PE RIODS OF WHEEZING , CHEST
230-TIGHTNESS, SHORTNESS OF BREATH , AND COUGHING .
204+ (1) [Training for school personnel on how to recognize the signs and 9
205+symptoms of anaphylaxis by a licensed health care practitioner who is authorized to 10
206+administer auto–injectable epinephrine and who has been trained in an established 11
207+protocol on how to recognize the signs and symptoms of anaphylaxis] THE TRAINING 12
208+IDENTIFIED OR DEVELO PED UNDER § 7–426.2(C) OF THIS SUBTITLE FOR SCHOOL 13
209+NURSES AND VOLUNTARY SCHOOL PERSONNEL WHO ARE DE SIGNATED BY A SCHOOL 14
210+NURSE AND , IN THE CLINICAL JUDG MENT OF THE SCHOOL N URSE, ARE 15
211+APPROPRIATE RECIPIEN TS OF THE TRAINING ; 16
231212
232- (3) “BRONCHODILATOR ” MEANS MEDICATION THA T RELAXES
233-BRONCHIAL MUSCLES , RESULTING IN THE EXP ANSION OF BRONCHIAL AIR
234-PASSAGES TO PROVIDE FAST TREATMENT OF AS THMA–RELATED SYMPTOMS AND
235-SYMPTOMS OF RESPIRAT ORY DISTRESS.
236- Ch. 280 2024 LAWS OF MARYLAND
213+ (2) Procedures for the emergency administration of auto –injectable 17
214+epinephrine BY A SCHOOL NURSE OR DESIGNATED VOLUNTEER ; 18
237215
238-– 6 –
239- (4) (I) “SCHOOL PERSONNEL ” MEANS INDIVIDUALS WH O ARE
240-EMPLOYED BY A PUBLIC SCHOOL, INCLUDING PART –TIME EMPLOYEES , TEACHERS
241-AND SUBSTITUTE TEACHERS EMPLOYED BY THE SCHO OL FOR AT LEAST 7 DAYS EACH
242-SCHOOL YEAR , REGISTERED NURSE CAS E MANAGERS , DELEGATING NURSES , AND
243-ADMINISTRATIVE STAFF OR, IN THE CASE OF SOME SCHOOL HEALTH STAFF , BY A
244-LOCAL HEALTH DEPARTM ENT.
216+ (3) The proper follow–up emergency procedures; 19
245217
246- (II) “SCHOOL PERSONNEL ” INCLUDES PART –TIME EMPLOYEES ,
247-TEACHERS, SUBSTITUTE TEACHERS EMPLOYED BY THE SCHO OL FOR AT LEAST 7
248-DAYS EACH SCHOOL YEA R, REGISTERED NU RSE CASE MANAGERS , DELEGATING
249-NURSES, AND ADMINISTRATIVE S TAFF.
218+ (4) A provision authorizing a school nurse or other licensed health care 20
219+practitioner to obtain and, school personnel to store, at a nonpublic school auto–injectable 21
220+epinephrine to be used in an emergency situation; 22
250221
251- (B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
252-EACH COUNTY BOARD THE MARYLAND DEPARTMENT OF HEALTH, IN
253-CONSULTATION WITH CO UNTY BOARDS , SHALL ESTABLISH A PO LICY FOR PUBLIC
254-SCHOOLS WITHIN ITS JURISDICTION TO AUTHORIZE THE SCH OOL NURSE AND OTHER
255-DESIGNATED SCHOOL PERSONNEL TO ADMINISTER A BRONCHO DILATOR TO A
256-STUDENT WHO IS DETER MINED BY AN INDIVIDU AL WHO HAS UNDERGONE THE
257-TRAINING PROVIDED UN DER SUBSECTION (C) OF THIS SECTION T O HAVE ASTHMA ,
258-IS BE, OR IS PERCEIVED TO B E, EXPERIENCING ASTHMA –RELATED SYMPTOMS , OR IS
259-PERCEIVED TO BE IN R ESPIRATORY DISTRESS , REGARDLESS OF WHETHE R THE
260-STUDENT:
222+ (5) A requirement that the nonpublic school develop and implement a 23
223+method for notifying the parents or guardians of students of the school’s policy under this 24
224+section at the beginning of each school year; and 25
261225
262- (I) HAS BEEN DIAGNOSED WI TH ASTHMA OR REACTIV E AIRWAY
263-DISEASE; OR
226+ (6) An ongoing process for oversight and monitoring by a licensed health 26
227+care practitioner of the implementation of the policy established under subsection (b) of this 27
228+section. 28
264229
265- (II) HAS BEEN PRESCRIBED A BRONCHODILATOR BY AN
266-AUTHORIZED LICENSED HEALTH CARE PRACTITI ONER UNDER THE HEALTH
267-OCCUPATIONS ARTICLE.
230+ (D) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY 29
231+PROVIDE AUTO –INJECTABLE EPINEPHRI NE TO A SCHOOL NURSE OR DESIGNATED 30
232+VOLUNTEER FOR USE IN ACCORDANCE WITH THIS SECTION. 31
268233
269- (2) NEITHER A SCHOOL NURS E NOR ANY OTHER DESIGNATED
270-SCHOOL PERSONNEL MAY ADMINISTER A BRONCHO DILATOR TO A
271-PREKINDERGARTEN STUD ENT UNLESS THE STUDENT HAS BEEN DIAGNOSED WITH
272-ASTHMA OR A REACTIVE AIRWAY DISEASE AND H AS A PRESCRIPTION FO R A
273-BRONCHODILATOR AS PR ESCRIBED BY THE STUD ENT’S HEALTH CARE
274-PRACTITIONER .
234+ (2) AUTO–INJECTABLE EPINEPHRI NE USED UNDER THIS S ECTION 32
235+MUST BE FROM A LICEN SED PHARMACY OR MANU FACTURER. 33
236+ 6 HOUSE BILL 86
275237
276- (C) (1) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R § 7–426.2(C)
277-OF THIS SUBTITLE SHALL BE PROVIDED TO SCHOOL NURSES AND VO LUNTARY
278-SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL NURSE AND , IN THE
279-CLINICAL JUDGMENT OF THE SCHOOL NURSE , ARE APPROPRIATE RECI PIENTS OF
280-THE TRAINING.
281- WES MOORE, Governor Ch. 280
282238
283-– 7 –
284- (2) THE TRAINING PROVIDED UNDER THIS SUBSECTIO N SHALL BE A
285-PAID PROFESSIONAL DE VELOPMENT TRAINING .
239+ (3) A NONPUBLIC SCHOOL MAY ACCEPT DONATED AUTO –INJECTABLE 1
240+EPINEPHRINE FROM A L ICENSED PHARMACY OR MANUFACTURER . 2
286241
287- (C) (1) THE DEPARTMENT , IN CONSULTATION WITH THE MARYLAND
288-DEPARTMENT OF HEALTH, THE AMERICAN LUNG ASSOCIATION, AND THE ASTHMA
289-AND ALLERGY FOUNDATION OF AMERICA, SHALL IDENTIFY OR DE VELOP TRAINING
290-TO:
242+ (4) A NONPUBLIC SCHOOL MAY APPLY FOR GRANTS TO OBTAIN 3
243+FUNDING FOR THE PURC HASE OF AUTO –INJECTABLE EPINEPHRI NE FROM A 4
244+LICENSED PHARMACY OR MANUFACTURER . 5
291245
292- (I) IDENTIFY THE SYMPTOMS OF ASTHMA AND RESPIR ATORY
293-DISTRESS;
246+ [(d)] (E) Except for any willful or grossly negligent act, school personnel who 6
247+respond in good faith to the anaphylactic reaction of a child in accordance with this section 7
248+may not be held personally liable for any act or omission in the course of responding to the 8
249+reaction. 9
294250
295- (II) IDENTIFY THE SYMPTOMS OF ANAPHYLAXIS ; AND
251+7–426.6. 10
296252
297- (III) DISTINGUISH BETWEEN A NAPHYLAXIS AND ASTHM A OR
298-RESPIRATORY DISTRESS .
253+ (A) (1) IN THIS SECTION THE FOLL OWING WORDS HAVE THE MEANINGS 11
254+INDICATED. 12
299255
300- (2) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R PARAGRAPH
301-(1) OF THIS SUBSECTION SHALL BE PROVIDED TO SCHOO L NURSES AND VOLUNTA RY
302-SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL NURSE AND , IN THE
303-CLINICAL JUDGMENT OF THE SCHOOL NURSE , ARE APPROPRIATE RECI PIENTS OF
304-THE TRAINING.
256+ (2) “ASTHMA” MEANS A CHRONIC LUNG DISEASE THAT INFLAME S 13
257+AND NARROWS AIR PASS AGES, CAUSING RECURRING PE RIODS OF WHEEZING , CHEST 14
258+TIGHTNESS, SHORTNESS OF BREATH , AND COUGHING . 15
305259
306- (3) THE TRAINING PROVIDED UNDER THIS SUBSECTION SHALL BE A
307-PAID PROFESSIONAL DE VELOPMENT TRAINING .
260+ (3) “BRONCHODILA TOR” MEANS MEDICATION THA T RELAXES 16
261+BRONCHIAL MUSCLES , RESULTING IN THE EXP ANSION OF BRONCHIAL AIR 17
262+PASSAGES TO PROVIDE FAST TREATMENT OF AS THMA–RELATED SYMPTOMS AND 18
263+SYMPTOMS OF RESPIRAT ORY DISTRESS. 19
308264
309- (D) THE POLICY ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION
310-SHALL INCLUDE :
265+ (4) (I) “SCHOOL PERSONNEL ” MEANS INDIVIDUALS WH O ARE 20
266+EMPLOYED BY A PUBLIC SCHOOL, INCLUDING PART –TIME EMPLOYEES , TEACHERS 21
267+AND SUBSTITUTE TEACHERS EMPLOYED BY THE SCHO OL FOR AT LEAST 7 DAYS EACH 22
268+SCHOOL YEAR , REGISTERED NURSE CAS E MANAGERS , DELEGATING NURSES , AND 23
269+ADMINISTRATIVE STAFF OR, IN THE CASE OF SOME SCHOOL HEALTH STAFF , BY A 24
270+LOCAL HEALTH DEPARTM ENT. 25
311271
312- (1) THE TRAINING REQUIRED UNDER SUBSECTION (C) OF THIS
313-SECTION;
272+ (II) “SCHOOL PERSONNEL ” INCLUDES PART –TIME EMPLOYEES , 26
273+TEACHERS, SUBSTITUTE TEACHERS EMPLOYED BY THE SCHO OL FOR AT LEAST 7 27
274+DAYS EACH SCHOOL YEA R, REGISTERED NU RSE CASE MANAGERS , DELEGATING 28
275+NURSES, AND ADMINISTRATIVE S TAFF. 29
314276
315- (2) PROCEDURES FOR THE EM ERGENCY ADMINISTR ATION OF A
316-BRONCHODILATOR BY A SCHOOL NURSE OR DESI GNATED VOLUNTEER SCHOOL
317-PERSONNEL ;
277+ (B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 30
278+EACH COUNTY BOARD THE MARYLAND DEPARTMENT OF HEALTH, IN 31
279+CONSULTATION WITH CO UNTY BOARDS , SHALL ESTABLISH A PO LICY FOR PUBLIC 32
280+SCHOOLS WITHIN ITS JURISDICTION TO AUTHORIZE THE SCH OOL NURSE AND OTHER 33
281+DESIGNATED SCHOOL PERSONNEL TO ADMINISTER A BRONCHO DILATOR TO A 34
282+STUDENT WHO IS DETER MINED BY AN INDIVIDU AL WHO HAS UNDERGONE THE 35 HOUSE BILL 86 7
318283
319- (3) PROCEDURES FOR RECOGN IZING THE NEED TO AD MINISTER A
320-BRONCHODILATOR AND F OR ADMINISTERING A B RONCHODILATOR BASED ON THE
321-SEVERITY OF THE SYMP TOMS BEING EXPERIENC ED BY A STUDENT;
322284
323- (3) (4) THE PROPER FOLLOW –UP EMERGENCY PROCEDU RES;
285+TRAINING PROVIDED U NDER SUBSECTION (C) OF THIS SECTION TO HAVE ASTHMA , 1
286+IS BE, OR IS PERCEIVED TO B E, EXPERIENCING ASTHMA –RELATED SYMPTOMS , OR IS 2
287+PERCEIVED TO BE IN R ESPIRATORY DISTRESS , REGARDLESS OF WHETHE R THE 3
288+STUDENT: 4
324289
325- (4) (5) A PROVISION AUTHORIZING A SCHOOL NURSE TO OBTAIN
326-AND STORE AT A PUBLIC SC HOOL REQUIRING THAT BRONCHODILATORS AND MODES Ch. 280 2024 LAWS OF MARYLAND
290+ (I) HAS BEEN DIAGNOSED WI TH ASTHMA OR REACTIV E AIRWAY 5
291+DISEASE; OR 6
327292
328-– 8 –
329-OF DELIVERY , INCLUDING INHALERS W ITH SPACERS , BE STORED IN PUBLIC
330-SCHOOLS TO BE USED IN AN EME RGENCY SITUATION ; AND
293+ (II) HAS BEEN PRESCRIBED A BRONCHODILATOR BY AN 7
294+AUTHORIZED LICENSED HEALTH CARE PRACTITI ONER UNDER THE HEALTH 8
295+OCCUPATIONS ARTICLE. 9
331296
332- (6) A PROVISION AUTHORIZIN G A COUNTY BOARD TO OBTAIN A
333-STANDING ORDER FOR T HE ADMINISTRATION OF BRONCHODILATORS ; AND
297+ (2) NEITHER A SCHOOL NURS E NOR ANY OTHER DESIGNATED 10
298+SCHOOL PERSONNEL MAY ADMINISTER A BRONCHO DILATOR TO A 11
299+PREKINDERGARTEN STUD ENT UNLESS THE STUDE NT HAS BEEN DIAGNOSE D WITH 12
300+ASTHMA OR A REACTIVE AIRWAY DISEASE AND H AS A PRESCRIPTION FO R A 13
301+BRONCHODILATOR AS PR ESCRIBED BY THE STUD ENT’S HEALTH CARE 14
302+PRACTITIONER . 15
334303
335- (5) (7) A REQUIREMENT THAT EAC H PUBLIC SCHOOL DEVE LOP
336-AND IMPLEMENT A METH OD FOR NOTIFYING THE PARENTS OR GUARDIANS OF
337-STUDENTS OF THE SCHO OL’S POLICY UNDER THIS SECTION AT THE BEGIN NING OF
338-EACH SCHOOL YEAR .
304+ (C) (1) THE TRAINING IDENTIFI ED OR DEVELOPE D UNDER § 7–426.2(C) 16
305+OF THIS SUBTITLE SHA LL BE PROVIDED TO SC HOOL NURSES AND VOLU NTARY 17
306+SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL NURSE AND , IN THE 18
307+CLINICAL JUDGMENT OF THE SCHOOL NURSE , ARE APPROPRIATE RECI PIENTS OF 19
308+THE TRAINING. 20
339309
340- (E) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY
341-PROVIDE BRONCHODILAT ORS TO A SCHOOL NURS E OR DESIGNATED VOLUNTEER
342-SCHOOL PERSONNEL FOR USE IN ACCORDANC E WITH THIS SECTION .
310+ (2) THE TRAINING PROVIDED UNDER THIS SUBSECTION SHALL BE A 21
311+PAID PROFESSIONAL DE VELOPMENT TRAINING . 22
343312
344- (2) BRONCHODILATORS AND M ODES OF ADMINISTRATI ON,
345-INCLUDING INHALERS W ITH SPACERS, USED BY A SCHOOL NUR SE OR ANY OTHER
346-DESIGNATED SCHOOL PERSONNEL MUS T BE FROM A LICENSED PHARMACY OR
347-MANUFACTURER .
313+ (C) (1) THE DEPARTMENT , IN CONSULTATION WITH THE MARYLAND 23
314+DEPARTMENT OF HEALTH, THE AMERICAN LUNG ASSOCIATION, AND THE ASTHMA 24
315+AND ALLERGY FOUNDATION OF AMERICA, SHALL IDENT IFY OR DEVELOP TRAIN ING 25
316+TO: 26
348317
349- (3) A COUNTY BOARD OR PUBL IC SCHOOL MAY ACCEPT DONATED
350-BRONCHODILATORS AND MODES OF ADMINISTRAT ION, INCLUDING INHALERS W ITH
351-SPACERS, FROM A LICENSED PHAR MACY OR MANUFACTURER .
318+ (I) IDENTIFY THE SYMPTOMS OF ASTHMA AND RESPIR ATORY 27
319+DISTRESS; 28
352320
353- (4) A COUNTY BOARD MAY APP LY FOR GRANTS TO OBT AIN FUNDING
354-FOR THE PURCHASE OF BRON CHODILATORS AND MODE S OF ADMINISTRATION ,
355-INCLUDING INHALERS W ITH SPACERS.
321+ (II) IDENTIFY THE SYMPTOMS OF ANAPHYLAXIS ; AND 29
356322
357- (F) (1) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A
358-SCHOOL NURSE OR ANY OTHER SCHOOL PERSONN EL WHO RESPOND IN GO OD FAITH
359-TO THE ASTHMA ATTACK OR RESPIRATORY DISTRESS OF A C HILD IN ACCORDANCE
360-WITH THIS SECTION MA Y NOT BE HELD PERSON ALLY LIABLE FOR ANY ACT OR
361-OMISSION IN THE COUR SE OF RESPONDING TO THE CHILD IN DISTRES S.
323+ (III) DISTINGUISH BETWEEN A NAPHYLAXIS AND ASTHM A OR 30
324+RESPIRATORY DISTRESS . 31
362325
363- (2) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A
364-HEALTH CARE PROVIDER WHO PRES CRIBES OR DISPENSES A BRONCHODILATOR
365-USED TO TREAT A CHIL D IN ACCORDANCE WITH PARAGRAPH (1) OF THIS
366-SUBSECTION MAY NOT B E HELD PERSONALLY LI ABLE FOR ANY ACT OR OMISSION
367-THAT OCCURS IN THE C OURSE OF RESPONDING TO THE CHILD IN DIST RESS.
326+ (2) THE TRAINING IDENTIFI ED OR DEVELOPED UNDER PARA GRAPH 32
327+(1) OF THIS SUBSECTION S HALL BE PROVIDED TO SCHOOL NURSES AND VO LUNTARY 33
328+SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL NURSE AND , IN THE 34 8 HOUSE BILL 86
368329
369- (G) (1) (I) FOR EACH INCIDENT AT THE S CHOOL OR AT A RELATE D
370-SCHOOL EVENT THAT RE QUIRES THE USE OF A BRONCHODILATOR STOCK WES MOORE, Governor Ch. 280
371330
372-– 9 –
373-BRONCHODILATOR IN AC CORDANCE WITH THIS S ECTION, EACH PUBLIC SCHOOL
374-SHALL:
331+CLINICAL JUDGMENT OF THE SCHOOL NURSE , ARE APPROPRIATE RECI PIENTS OF 1
332+THE TRAINING. 2
375333
376- 1. NOTIFY THE STUDENT ’S PARENT OR LEGAL
377-GUARDIAN OF THE INCI DENT; AND
334+ (3) THE TRAINING PROVIDED UNDER THIS SUBSECTIO N SHALL BE A 3
335+PAID PROFESSIONAL DE VELOPMENT TRAINING . 4
378336
379- 2. MAKE A RECORD OF THE INCIDENT, ON THE FORM
380-THAT THE DEPARTMENT REQUIRES , AND FILE THE FORM IN THE STUDENT’S SCHOOL
381-MEDICAL RECORD .
337+ (D) THE POLICY ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION 5
338+SHALL INCLUDE : 6
382339
383- (II) EACH PUBLIC SCHOOL SH ALL SUBMIT TO THE
384-DEPARTMENT A REPORT , ON THE FORM AND SCHE DULE REQUIRED BY THE
385-DEPARTMENT , ON THE NUMBER OF INC IDENTS AT THE SCHOOL OR AT A RELATED
386-SCHOOL EVENT THAT RE QUIRED THE USE OF A BRONCHODILATOR STOCK
387-BRONCHODILATOR IN AC CORDANCE WITH THIS S ECTION.
340+ (1) THE TRAINING REQUIRED UNDER SUBSECTION (C) OF THIS 7
341+SECTION; 8
388342
389- (2) THE DEPARTMENT SHALL DEVE LOP AND DISSEMINATE
390-STANDARD FORMS TO RE CORD EACH INCIDEN T AND REPORT INCIDEN TS REQUIRING
391-THE USE OF A BRONCHO DILATOR AT A PUBLIC SCHOOL.
343+ (2) PROCEDURES FOR THE EM ERGENCY ADMINISTRATI ON OF A 9
344+BRONCHODILATOR BY A SCHOOL NURSE OR DESI GNATED VOLUNTEER SCHOOL 10
345+PERSONNEL ; 11
392346
393-7–426.7.
347+ (3) PROCEDURES FOR RECOGN IZING THE NEED TO AD MINISTER A 12
348+BRONCHODILATOR AND F OR ADMINISTERING A B RONCHODILATOR BASED ON THE 13
349+SEVERITY OF THE SYMPTOMS B EING EXPERIENCED BY A STUDENT; 14
394350
395- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
396-INDICATED.
351+ (3) (4) THE PROPER FOLLOW –UP EMERGENCY PROCEDU RES; 15
397352
398- (2) “ASTHMA” MEANS A CHRONIC LUNG DISEASE THAT INFLAME S
399-AND NARROWS AIR PASS AGES, CAUSING RECURRING PERIODS OF WHEEZING, CHEST
400-TIGHTNESS, SHORTNESS OF BREATH , AND COUGHING .
353+ (4) (5) A PROVISION AUTHORIZING A SCHOOL NURSE TO OBTAIN 16
354+AND STORE AT A PUBLIC SC HOOL REQUIRING THAT BRONCHODILATORS AND MODES 17
355+OF DELIVERY , INCLUDING INHALERS W ITH SPACERS , BE STORED IN PUBLIC 18
356+SCHOOLS TO BE USED IN AN EME RGENCY SITUATION ; AND 19
401357
402- (3) “BRONCHODILATOR ” MEANS MEDICATION THA T RELAXES
403-BRONCHIAL MUSCLES , RESULTING IN THE EXP ANSION OF BRONCHIAL AIR
404-PASSAGES TO PROVIDE FAST TREATMENT OF AS THMA–RELATED SYMPTOMS AND
405-SYMPTOMS OF RESPIRAT ORY DISTRESS.
358+ (6) A PROVISION AUTHORIZIN G A COUNTY BOARD TO OBTAIN A 20
359+STANDING ORDER FOR T HE ADMINISTRATION OF BRONCHODILATORS ; AND 21
406360
407- (4) “SCHOOL PERSONNEL ” MEANS INDIVIDUALS WH O ARE EMPLOYED
408-BY A NONPUBLIC SCHOO L, INCLUDING PART –TIME EMPLOYEES , TEACHERS AND
409-SUBSTITUTE TEACHERS EMPLOYED BY THE SCHO OL FOR AT LEAST 7 DAYS EACH
410-SCHOOL YEAR , REGISTERED NURSE CAS E MANAGERS , DELEGATING NURSES , AND
411-ADMINISTRATIVE STAFF .
361+ (5) (7) A REQUIREMENT THAT EAC H PUBLIC SCHOOL DEVE LOP 22
362+AND IMPLEMENT A METH OD FOR NOTIFYING THE PARENTS OR GUARDIANS OF 23
363+STUDENTS OF THE SCHO OL’S POLICY UNDER THIS SECTION AT THE BEGIN NING OF 24
364+EACH SCHOOL YEAR . 25
412365
413- (B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
414-EACH NONPUBLIC SCHOOL IN THE STATE MAY ESTABLISH A POLICY AUTHORIZING
415-THE SCHOOL NURSE AND OTHER DESIGNATED SCHOOL PERSONNEL TO ADMINISTER
416-A BRONCHODILATOR TO A STUDENT WHO IS DET ERMINED BY AN INDIVI DUAL WHO Ch. 280 2024 LAWS OF MARYLAND
366+ (E) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTITIONER MAY 26
367+PROVIDE BRONCHODILAT ORS TO A SCHOOL NURS E OR DESIGNATED VOLUNTEER 27
368+SCHOOL PERSONNEL FOR USE IN ACCORDANC E WITH THIS SECTION . 28
417369
418-– 10 –
419-HAS UNDERGONE THE TR AINING PROVIDED UNDER § 7–426.2(C) DEVELOPED
420-UNDER § 7–426.6(C) OF THIS SUBTITLE TO HAVE ASTHMA , IS BE, OR IS PERCEIVED
421-TO BE, EXPERIENC ING ASTHMA–RELATED SYMPTOMS, SYMPTOMS OR IS PERCEIVED
422-TO BE IN RESPIRATORY DISTRESS, REGARDLESS OF WHETHE R THE STUDENT :
370+ (2) BRONCHODILATORS AND M ODES OF ADMINISTRATI ON, 29
371+INCLUDING INHALERS W ITH SPACERS, USED BY A SCHOOL NUR SE OR ANY OTHER 30
372+DESIGNATED SCHOOL PERSONNEL MUS T BE FROM A LICENSED PHARMACY OR 31
373+MANUFACTURER . 32
374+ HOUSE BILL 86 9
423375
424- (I) HAS BEEN DIAGNOSED WI TH ASTHMA OR REACTIV E AIRWAY
425-DISEASE; OR
426376
427- (II) HAS BEEN PRESCRIBED A BRONCHODILATOR BY AN
428-AUTHORIZED LIC ENSED HEALTH CARE PR ACTITIONER UNDER THE HEALTH
429-OCCUPATIONS ARTICLE.
377+ (3) A COUNTY BOARD OR PUBL IC SCHOOL MAY ACCEPT DONATED 1
378+BRONCHODILATORS AND MODES OF ADMINISTRATION , INCLUDING INHALERS W ITH 2
379+SPACERS, FROM A LICENSED PHAR MACY OR MANUFACTURER . 3
430380
431- (2) A SCHOOL NURSE OR ANY OTHER DESIGNATED SCHOOL
432-PERSONNEL MAY NOT AD MINISTER A BRONCHODI LATOR TO A PREKINDER GARTEN
433-STUDENT UNLESS THE S TUDENT HAS BEEN DIAG NOSED WITH ASTHMA OR A
434-REACTIVE AIRWAY DISEASE AND HAS A PRESCRIPTI ON FOR A BRONCHODILA TOR AS
435-PRESCRIBED BY THE ST UDENT’S HEALTH CARE PRACTI TIONER.
381+ (4) A COUNTY BOARD MAY APP LY FOR GRANTS TO OBT AIN FUNDING 4
382+FOR THE PURCHASE OF BRONCHODILATORS AND MODES OF ADMINISTRAT ION, 5
383+INCLUDING INHALE RS WITH SPACERS . 6
436384
437- (C) THE POLICY ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION
438-SHALL INCLUDE :
385+ (F) (1) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A 7
386+SCHOOL NURSE OR ANY OTHER SCHOOL PERSONN EL WHO RESPOND IN GO OD FAITH 8
387+TO THE ASTHMA ATTACK OR RESPIRATORY DISTR ESS OF A CHILD IN AC CORDANCE 9
388+WITH THIS SECTION MA Y NOT BE HELD PERSO NALLY LIABLE FOR ANY ACT OR 10
389+OMISSION IN THE COUR SE OF RESPONDING TO THE CHILD IN DISTRES S. 11
439390
440- (1) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R §
441-7–426.2(C) § 7–426.6(C) OF THIS SUBTITLE FOR SCHOOL NURSES AND VO LUNTARY
442-SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL NURSE AND , IN THE
443-CLINICAL JUDGMENT OF THE SCHOOL NURSE , ARE APPROPRIATE RECI PIENTS OF
444-THE TRAINING;
391+ (2) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A 12
392+HEALTH CARE PROVIDER WHO PRESCRIBES OR DI SPENSES A BRONCHODIL ATOR 13
393+USED TO TREAT A CHIL D IN ACCORDANCE WITH PARAGRAPH (1) OF THIS 14
394+SUBSECTION MAY NOT B E HELD PERSONALLY LI ABLE FOR ANY ACT OR OMISSION 15
395+THAT OCCURS IN THE C OURSE OF RESPONDING TO THE CHILD IN DIST RESS. 16
445396
446- (2) PROCEDURES FOR THE EM ERGENCY ADMINISTRATION OF A
447-BRONCHODILATOR BY A SCHOOL NURSE OR DESI GNATED VOLUNTEER SCHOOL
448-PERSONNEL ;
397+ (G) (1) (I) FOR EACH INCIDENT AT THE SCHOOL OR AT A R ELATED 17
398+SCHOOL EVENT THAT RE QUIRES THE USE O F A BRONCHODILATOR STOCK 18
399+BRONCHODILATOR IN AC CORDANCE WITH THIS S ECTION, EACH PUBLIC SCHOOL 19
400+SHALL: 20
449401
450- (3) PROCEDURES FOR RECOGN IZING THE NEED TO AD MINISTER A
451-BRONCHODILATOR AND F OR ADMINISTERING A B RONCHODILATOR BASED ON THE
452-SEVERITY OF THE SYMP TOMS BEING EX PERIENCED BY A STUDE NT;
402+ 1. NOTIFY THE STUDENT ’S PARENT OR LEGAL 21
403+GUARDIAN OF THE INCI DENT; AND 22
453404
454- (3) (4) THE PROPER FOLLOW –UP EMERGENCY PROCEDU RES;
405+ 2. MAKE A RECORD OF THE INCIDENT, ON THE FORM 23
406+THAT THE DEPARTMENT REQUIRES , AND FILE THE FORM IN THE STUDENT’S SCHOOL 24
407+MEDICAL RECORD . 25
455408
456- (4) (5) A PROVISION AUTHORIZING A SCHOOL NURSE OR ANY
457-OTHER LICENSED HEALTH CARE PRACTITIONER TO OBTA IN, AND A SCHOOL NURSE
458-OR ANY OTHER SCHOOL PERSONN EL TO STORE, AT A NONPUBLIC SCHOOL FOR USE
459-IN AN EMERGENCY SITUATION REQUIRING THAT BRONCHODILATORS AND MODES OF
460-DELIVERY, INCLUDING INHALERS W ITH SPACERS , BE STORED IN NONPUBL IC
461-SCHOOLS TO BE USED I N AN EMERGENCY SITUA TION; WES MOORE, Governor Ch. 280
409+ (II) EACH PUBLIC SCHOOL SH ALL SUBMIT TO THE 26
410+DEPARTMENT A REPORT , ON THE FORM AND SCHE DULE REQUIRED BY THE 27
411+DEPARTMENT , ON THE NUMBER OF INC IDENTS AT THE SCHOOL OR AT A RELATED 28
412+SCHOOL EVENT THAT R EQUIRED THE USE OF A BRONCHODILATOR STOCK 29
413+BRONCHODILATOR IN AC CORDANCE WITH THIS S ECTION. 30
462414
463-– 11 –
415+ (2) THE DEPARTMENT SHALL DEVE LOP AND DISSEMINATE 31
416+STANDARD FORMS TO RE CORD EACH INCIDENT A ND REPORT INCIDENTS REQUIRING 32
417+THE USE OF A BRONCHO DILATOR AT A PUBLIC SCHOOL. 33
464418
465- (5) (6) A REQUIREMENT THAT THE NONPUBLIC SCHOO L DEVELOP
466-AND IMPLEMENT A METH OD FOR NOTIFYING THE PARENTS OR GUARDIANS OF
467-STUDENTS OF THE SCHO OL’S POLICY UNDER THIS SECTION AT THE BEGIN NING OF
468-EACH SCHOOL YEAR ; AND
419+7–426.7. 34
420+ 10 HOUSE BILL 86
469421
470- (7) A PROVISION AUTHORIZIN G A NONPUBLIC SCHOOL TO OBTAIN A
471-STANDING ORDER FOR T HE ADMINISTRATION OF BRONC HODILATORS ; AND
472422
473- (6) (8) AN ONGOING PROCESS FO R OVERSIGHT AND MONI TORING
474-BY A LICENSED HEALTH CARE PRACTITIONER OF THE IMPLEMENTATION O F THE
475-POLICY ESTABLISHED U NDER SUBSECTION (B) OF THIS SECTION.
423+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
424+INDICATED. 2
476425
477- (D) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTITI ONER MAY
478-PROVIDE BRONCHODILAT ORS TO A SCHOOL NURS E OR DESIGNATED VOLU NTEER
479-FOR USE IN ACCORDANC E WITH THIS SECTION .
426+ (2) “ASTHMA” MEANS A CHRONIC LUNG DISEASE THAT INFLAME S 3
427+AND NARROWS AIR PASS AGES, CAUSING RECURRING PE RIODS OF WHEEZING , CHEST 4
428+TIGHTNESS, SHORTNESS OF BREATH , AND COUGHING. 5
480429
481- (2) BRONCHODILATORS AND M ODES OF ADMINISTRATI ON,
482-INCLUDING INHALERS W ITH SPACERS, USED BY A SCHOOL NUR SE OR ANY OTHER
483-DESIGNATED SCHOOL PERSONNEL MUS T BE FROM A LICENSED PHARMACY OR
484-MANUFACTURER .
430+ (3) “BRONCHODILATOR ” MEANS MEDICATION THA T RELAXES 6
431+BRONCHIAL MUSCLES , RESULTING IN THE EXP ANSION OF BRONCHIAL AIR 7
432+PASSAGES TO PROVIDE FAST TREATMENT OF AS THMA–RELATED SYMPTOMS AND 8
433+SYMPTOMS OF RESPIRAT ORY DISTRESS. 9
485434
486- (3) A NONPUBLIC SCHOOL MAY ACCEPT DONATED
487-BRONCHODILATORS AND MODES OF ADMINISTRAT ION, INCLUDING INHALERS W ITH
488-SPACERS, FROM A LICENSED PHAR MACY OR MANUFACTURER .
435+ (4) “SCHOOL PERSONNEL ” MEANS INDIVIDUALS WHO AR E EMPLOYED 10
436+BY A NONPUBLIC SCHOO L, INCLUDING PART –TIME EMPLOYEES , TEACHERS AND 11
437+SUBSTITUTE TEACHERS EMPLOYED BY THE SCHO OL FOR AT LEAST 7 DAYS EACH 12
438+SCHOOL YEAR , REGISTERED NURSE CAS E MANAGERS , DELEGATING NURSES , AND 13
439+ADMINISTRATIVE STAFF . 14
489440
490- (4) A NONPUBLIC SCHOOL MAY APPLY FOR GRANTS TO OBTAIN
491-FUNDING FOR THE PURC HASE OF BRONCHODILAT ORS AND MODES OF
492-ADMINISTRATION , INCLUDING INHALERS W ITH SPACERS.
441+ (B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 15
442+EACH NONPUBLIC SCHOOL IN THE STATE MAY ESTABLISH A POLICY AUTHORIZING 16
443+THE SCHOOL NURSE AND OTHER DESIGNATED SCHOOL PERSONNEL TO ADMINISTER 17
444+A BRONCHODILATOR TO A STUDENT WHO IS DET ERMINED BY AN INDIVI DUAL WHO 18
445+HAS UNDERGONE THE TR AINING PROVIDED UNDER § 7–426.2(C) DEVELOPED 19
446+UNDER § 7–426.6(C) OF THIS SUBTITLE TO HAVE ASTHMA , IS BE, OR IS PERCEIVED 20
447+TO BE, EXPERIENC ING ASTHMA–RELATED SYMPTOMS, SYMPTOMS OR IS PERCEIVED 21
448+TO BE IN RESPIRATORY DISTRESS, REGARDLESS OF WHETHE R THE STUDENT : 22
493449
494- (E) (1) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A
495-SCHOOL NURSE OR ANY OTHER SCHOOL PERSONN EL WHO RESPOND IN GOO D FAITH
496-TO THE ASTHMA ATTACK OR RESPIRATORY DISTR ESS OF A CHILD IN AC CORDANCE
497-WITH THIS SECTION MA Y NOT BE HELD PERSON ALLY LIABLE FOR ANY ACT OR
498-OMISSION IN THE COUR SE OF RESPONDING TO THE CHILD IN DISTRES S.
450+ (I) HAS BEEN DIAGNOSED WI TH ASTHMA OR REACTIV E AIRWAY 23
451+DISEASE; OR 24
499452
500- (2) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A
501-HEALTH CARE PROVIDER WHO PRESCRIBES OR DI SPENSES A BRONCHODIL ATOR
502-USED TO TREAT A CHIL D IN ACCORDANCE WITH PARAGRAPH (1) OF THIS
503-SUBSECTION MAY NOT B E HELD PERSONALLY LI ABLE FOR ANY ACT OR OMISSION
504-THAT OCCURS IN THE C OURSE OF RESPONDING TO THE CH ILD IN DISTRESS.
453+ (II) HAS BEEN PRESCRIBED A BRONCHODILATOR BY AN 25
454+AUTHORIZED LIC ENSED HEALTH CARE PR ACTITIONER UNDER THE HEALTH 26
455+OCCUPATIONS ARTICLE. 27
505456
506- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
507-1, 2024. Ch. 280 2024 LAWS OF MARYLAND
457+ (2) A SCHOOL NURSE OR ANY OTHER DESIGNATED SCHOOL 28
458+PERSONNEL MAY NOT AD MINISTER A BRONCHODI LATOR TO A PREKINDER GARTEN 29
459+STUDENT UNLESS THE S TUDENT HAS BEEN DIAG NOSED WITH ASTHMA OR A 30
460+REACTIVE AIRWAY DISEASE AND HAS A PRESCRIPTI ON FOR A BRONCHODILA TOR AS 31
461+PRESCRIBED BY THE ST UDENT’S HEALTH CARE PRACTI TIONER. 32
508462
509-– 12 –
463+ (C) THE POLICY ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION 33
464+SHALL INCLUDE : 34
465+ HOUSE BILL 86 11
510466
511-Approved by the Governor, April 25, 2024.
467+
468+ (1) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R § 1
469+7–426.2(C) § 7–426.6(C) OF THIS SUBTITLE FOR SCHOOL NURSES AND VO LUNTARY 2
470+SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL NURSE AND , IN THE 3
471+CLINICAL JUDGMENT OF THE SCHOOL NURSE , ARE APPROPRIATE RECI PIENTS OF 4
472+THE TRAINING; 5
473+
474+ (2) PROCEDURES FOR THE EM ERGENCY ADMINISTRATION OF A 6
475+BRONCHODILATOR BY A SCHOOL NURSE OR DESI GNATED VOLUNTEER SCHOOL 7
476+PERSONNEL ; 8
477+
478+ (3) PROCEDURES FOR RECOGN IZING THE NEED TO AD MINISTER A 9
479+BRONCHODILATOR AND F OR ADMINISTERING A B RONCHODILATOR BASED ON THE 10
480+SEVERITY OF THE SYMP TOMS BEING EX PERIENCED BY A STUDE NT; 11
481+
482+ (3) (4) THE PROPER FOLLOW –UP EMERGENCY PROCEDU RES; 12
483+
484+ (4) (5) A PROVISION AUTHORIZING A SCHOOL NURSE OR ANY 13
485+OTHER LICENSED HEALTH CARE PRACTITIONER TO OBTA IN, AND A SCHOOL NURSE 14
486+OR ANY OTHER SCHOOL PERSONN EL TO STORE, AT A NONPUBLIC SCHOOL FOR USE 15
487+IN AN EMERGENCY SITUATION REQUIRING THAT BRONCHODILATORS AND MODES OF 16
488+DELIVERY, INCLUDING INHALERS W ITH SPACERS , BE STORED IN NONPUBL IC 17
489+SCHOOLS TO BE USED I N AN EMERGENCY SITUA TION; 18
490+
491+ (5) (6) A REQUIREMENT THAT THE NONPUBLIC SCHOO L DEVELOP 19
492+AND IMPLEMENT A METH OD FOR NOTIFYING THE PARENTS OR GUARDIANS OF 20
493+STUDENTS OF THE SCHO OL’S POLICY UNDER THIS SECTION AT THE BEGIN NING OF 21
494+EACH SCHOOL YEAR ; AND 22
495+
496+ (7) A PROVISION AUTHORIZIN G A NONPUBLIC SCHOOL TO OBTAIN A 23
497+STANDING ORDER FOR T HE ADMINISTRATION OF BRONC HODILATORS ; AND 24
498+
499+ (6) (8) AN ONGOING PROCESS FO R OVERSIGHT AND MONI TORING 25
500+BY A LICENSED HEALTH CARE PRACTITIONER OF THE IMPLEMENTATION O F THE 26
501+POLICY ESTABLISHED U NDER SUBSECTION (B) OF THIS SECTION. 27
502+
503+ (D) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTITION ER MAY 28
504+PROVIDE BRONCHODILAT ORS TO A SCHOOL NURS E OR DESIGNATED VOLU NTEER 29
505+FOR USE IN ACCORDANC E WITH THIS SECTION . 30
506+
507+ (2) BRONCHODILATORS AND M ODES OF ADMINISTRATI ON, 31
508+INCLUDING INHALERS W ITH SPACERS, USED BY A SCHOOL NUR SE OR ANY OTHER 32
509+DESIGNATED SCHOOL PERSONNEL MUS T BE FROM A LICENSED PHARMACY OR 33
510+MANUFACTURER . 34
511+ 12 HOUSE BILL 86
512+
513+
514+ (3) A NONPUBLIC SCHOOL MAY ACCEPT DONATED 1
515+BRONCHODILATORS AND MODES OF ADMINISTRAT ION, INCLUDING INHALERS W ITH 2
516+SPACERS, FROM A LICENSED PHAR MACY OR MANUFACTURER . 3
517+
518+ (4) A NONPUBLIC SCHOOL MAY APP LY FOR GRANTS TO OBT AIN 4
519+FUNDING FOR THE PURC HASE OF BRONCHODILAT ORS AND MODES OF 5
520+ADMINISTRATION , INCLUDING INHALERS W ITH SPACERS. 6
521+
522+ (E) (1) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A 7
523+SCHOOL NURSE OR ANY OTHER SCHOOL PERSONN EL WHO RESPOND IN GOOD FA ITH 8
524+TO THE ASTHMA ATTACK OR RESPIRATORY DISTR ESS OF A CHILD IN AC CORDANCE 9
525+WITH THIS SECTION MA Y NOT BE HELD PERSON ALLY LIABLE FOR ANY ACT OR 10
526+OMISSION IN THE COUR SE OF RESPONDING TO THE CHILD IN DISTRES S. 11
527+
528+ (2) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGENT AC T, A 12
529+HEALTH CARE PROVIDER WHO PRESCRIBES OR DI SPENSES A BRONCHODIL ATOR 13
530+USED TO TREAT A CHIL D IN ACCORDANCE WITH PARAGRAPH (1) OF THIS 14
531+SUBSECTION MAY NOT B E HELD PERSONALLY LI ABLE FOR ANY ACT OR OMISSION 15
532+THAT OCCURS IN THE C OURSE OF RES PONDING TO THE CHILD IN DISTRESS. 16
533+
534+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 17
535+1, 2024. 18
536+
537+
538+
539+Approved:
540+________________________________________________________________________________
541+ Governor.
542+________________________________________________________________________________
543+ Speaker of the House of Delegates.
544+________________________________________________________________________________
545+ President of the Senate.