EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0180*
SENATE BILL 180
F1 4lr1431
(PRE–FILED) CF HB 86
By: Senator Hester
Requested: November 1, 2023
Introduced and read first time: January 10, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Public and Nonpublic Schools – Auto–Injectable Epinephrine and 2
Bronchodilators – Use, Availability, Training, and Policies 3
FOR the purpose of requiring each county board of education and authorizing nonpublic 4
schools in the State to update their policies to require certain school nurses and other 5
school personnel to complete certain training before they are authorized to 6
administer auto–injectable epinephrine to a student who is determined to be, or is 7
perceived to be, in anaphylaxis; requiring the State Department of Education, in 8
consultation with certain groups, to identify or develop training for certain school 9
personnel to identify symptoms of anaphylaxis, asthma, and respiratory distress in 10
students; requiring each county board and authorizing nonpublic schools in the State 11
to establish a policy to obtain, administer, and train certain school nurses and other 12
school personnel to administer in emergency situations bronchodilators to a student 13
who is determined to have asthma, is experiencing asthma–related symptoms, or is 14
perceived to be in respiratory distress by a school nurse or any other school 15
personnel; and generally relating to use and availability of auto–injectable 16
epinephrine and bronchodilators 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
(2022 Replacement Volume and 2023 Supplement) 22
BY adding to 23
Article – Education 24
Section 7–426.6 and 7–426.7 25
Annotated Code of Maryland 26
(2022 Replacement Volume and 2023 Supplement) 27
2 SENATE BILL 180
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Education 3
7–426.2. 4
(a) (1) In this section the following words have the meanings indicated. 5
(2) “Anaphylaxis” means a sudden, severe, and potentially life–threatening 6
allergic reaction that occurs when an individual is exposed to an allergen. 7
(3) “Auto–injectable epinephrine” means a portable, disposable drug 8
delivery device that contains a premeasured single dose of epinephrine that is used to treat 9
anaphylaxis in an emergency situation. 10
(b) Each county board shall establish a policy for public schools within its 11
jurisdiction to authorize the school nurse and other school personnel to administer 12
auto–injectable epinephrine, if available, to a student who is determined BY AN 13
INDIVIDUAL WHO HAS U NDERGONE THE TRAININ G PROVIDED UNDER SUB SECTION 14
(C) OF THIS SECTION, IF AVAILABLE, to be or perceived to be in anaphylaxis, regardless 15
of whether the student: 16
(1) Has been identified as having an anaphylactic allergy, as defined in § 17
7–426.1 of this subtitle; or 18
(2) Has [a prescription for] BEEN PRESCRIBED epinephrine [as 19
prescribed] by an authorized licensed health care practitioner under the Health 20
Occupations Article. 21
(c) (1) THE DEPARTMENT , IN CONSULTATION WITH THE MARYLAND 22
DEPARTMENT OF HEALTH, THE AMERICAN LUNG ASSOCIATION, AND THE ASTHMA 23
AND ALLERGY FOUNDATION OF AMERICA, SHALL IDENTIFY OR DE VELOP TRAINING 24
TO: 25
(I) IDENTIFY THE SYMPTOMS OF ASTHMA AND RESPIR ATORY 26
DISTRESS; 27
(II) IDENTIFY THE SYMPTOMS OF ANAPHYLA XIS; AND 28
(III) DISTINGUISH BETWEEN A NAPHYLAXIS AND ASTHM A OR 29
RESPIRATORY DISTRESS . 30
(2) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R PARAGRAPH 31
(1) OF THIS SUBSECTION S HALL BE PROVIDED TO SCHOOL NURSES AND VO LUNTARY 32
SCHOOL PERSONNEL WHO ARE DESIGNATED B Y A SCHOOL NURSE AND , IN THE 33 SENATE BILL 180 3
CLINICAL JUDGMENT OF THE SCHOOL NURSE , ARE APPROPRIATE RECI PIENTS OF 1
THE TRAINING. 2
(3) THE TRAINING PROVIDED UNDER THIS SUBSECTIO N SHALL BE A 3
PAID PROFESSIONAL DE VELOPMENT TRAINING . 4
(D) The policy established under subsection (b) of this section shall include: 5
(1) [Training for school personnel on how to recognize the symptoms of 6
anaphylaxis] THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R SUBSECTION (C) OF 7
THIS SECTION; 8
(2) Procedures for the emergency administration of a uto–injectable 9
epinephrine BY A SCHOOL NURSE OR DESIGNATED VOLUNTEER ; 10
(3) The proper follow–up emergency procedures; 11
(4) A provision authorizing a school nurse to obtain and store at a public 12
school auto–injectable epinephrine to be used in an emergency situation; and 13
(5) A requirement that each public school develop and implement a method 14
for notifying the parents or guardians of students of the school’s policy under this section 15
at the beginning of each school year. 16
(E) (1) AN AUTHORIZED LICENSED HEALTH CARE PRACTITIONER MAY 17
PROVIDE AUTO –INJECTABLE EPINEPHRI NE TO A SCHOOL NURSE OR DESIGNATED 18
VOLUNTEER FOR USE IN ACCORDANCE WITH THIS SECTION. 19
(2) AUTO–INJECTABLE EPINEPHRI NE USED UNDER THIS S ECTION 20
MUST BE FROM A LICEN SED PHARMACY OR MANU FACTURER. 21
(3) A COUNTY BOARD OR PUBL IC SCHOOL MAY ACCEPT DONATED 22
AUTO–INJECTABLE EPINEPHRI NE FROM A LICENSED P HARMACY OR 23
MANUFACTURER . 24
(4) A COUNTY BOARD MAY APP LY FOR GRANTS TO OBT AIN FUNDING 25
FOR THE PURCHASE OF AUTO–INJECTABLE EPINEPHRI NE FROM A LI CENSED 26
PHARMACY OR MANUFACT URER. 27
[(d)] (F) Except for any willful or grossly negligent act, a school nurse or other 28
school personnel who respond in good faith to the anaphylactic reaction of a child in 29
accordance with this section may not be held personally liable for any act or omission in the 30
course of responding to the reaction. 31
[(e)] (G) (1) Each public school shall submit, on the form that the Department 32 4 SENATE BILL 180
requires, a report to the Department on each incident at the school or at a related school 1
event that required the use of auto–injectable epinephrine. 2
(2) The Department shall develop and disseminate a standard form to 3
report each incident requiring the use of auto–injectable epinephrine at a public school. 4
7–426.3. 5
(a) (1) In this section the following words have the meanings indicated. 6
(2) “Anaphylaxis” means a sudden, severe, and potentially life–threatening 7
allergic reaction that occurs when an individual is exposed to an allergen. 8
(3) “Auto–injectable epinephrine” means a portable, disposable drug 9
delivery device that contains a premeasured single dose of epinephrine that is used to treat 10
anaphylaxis in an emergency situation. 11
(4) “School personnel” means individuals who are employed by a nonpublic 12
school, including part–time employees, teachers and substitute teachers employed by the 13
school for at least 7 days each school year, a school nurse, registered nurse case manager, 14
delegating nurse, and administrative staff. 15
(b) Each nonpublic school in the State may establish a policy authorizing school 16
personnel to administer auto–injectable epinephrine, if available, to a student who is 17
determined BY AN INDIVIDUAL WHO HAS UNDERGONE THE TR AINING PROVIDED 18
UNDER § 7–426.2(C) OF THIS SUBTITLE, IF AVAILABLE, to be or perceived to be in 19
anaphylaxis, regardless of 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 PRESCRIBE D epinephrine [as 23
prescribed] by an authorized licensed health care practitioner under the Health 24
Occupations Article. 25
(c) The policy established under subsection (b) of this section shall include: 26
(1) [Training for school personnel on how to recognize the signs and 27
symptoms of anaphylaxis by a licensed health care practitioner who is authorized to 28
administer auto–injectable epinephrine and who has been trained in an established 29
protocol on how to recognize the signs and symptoms of anaphylaxis] THE TRAINING 30
IDENTIFIED OR DEVELO PED UNDER § 7–426.2(C) OF THIS SUBTITLE FOR SCHOOL 31
NURSES AND VOLUNTARY SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL 32
NURSE AND , IN THE CLINICAL JUDG MENT OF THE SCHOOL N URSE, ARE 33
APPROPRIATE RECIPIEN TS OF THE TRAINING ; 34
SENATE BILL 180 5
(2) Procedures for the emergency administration of auto –injectable 1
epinephrine BY A SCHOOL NURSE OR DESIGNATED VOLUNTEER ; 2
(3) The proper follow–up emergency procedures; 3
(4) A provision authorizing a school nurse or other licensed health care 4
practitioner to obtain and, school personnel to store, at a nonpublic school auto–injectable 5
epinephrine to be used in an emergency situation; 6
(5) A requirement that the nonpublic school develop and implement a 7
method for notifying the parents or guardians of students of the school’s policy under this 8
section at the beginning of each school year; and 9
(6) An ongoing process for oversight and monitoring by a licensed health 10
care practitioner of the implementation of the policy established under subsection (b) of this 11
section. 12
(D) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY 13
PROVIDE AUTO –INJECTABLE EPINEPHRI NE TO A SCHOOL NURSE OR DESIGNATED 14
VOLUNTEER FOR USE IN ACCORDANCE WITH THIS SECTION. 15
(2) AUTO–INJECTABLE EPINEPHRI NE USED UNDER THIS S ECTION 16
MUST BE FROM A LICEN SED PHARMACY OR MANU FACTURER. 17
(3) A NONPUBLIC SCHOOL MAY ACCEPT DONATED AUTO –INJECTABLE 18
EPINEPHRINE FROM A L ICENSED PHARMACY OR MANUFACTURER . 19
(4) A NONPUBLIC SCHOOL MAY APPLY FOR GRANTS TO OBTAIN 20
FUNDING FOR THE PURC HASE OF AUT O–INJECTABLE EPINEPHRI NE FROM A 21
LICENSED PHARMACY OR MANUFACTURER . 22
[(d)] (E) Except for any willful or grossly negligent act, school personnel who 23
respond in good faith to the anaphylactic reaction of a child in accordance with this section 24
may not be held personally liable for any act or omission in the course of responding to the 25
reaction. 26
7–426.6. 27
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 28
INDICATED. 29
(2) “ASTHMA” MEANS A CHRONIC LUNG DISEASE THAT INFLAME S 30
AND NARROWS AIR PASS AGES, CAUSING RECURRING PE RIODS OF WHEEZING , CHEST 31
TIGHTNESS, SHORTNESS OF BREATH , AND COUGHING . 32
6 SENATE BILL 180
(3) “BRONCHODILATOR ” MEANS MEDICATION THA T RELAXES 1
BRONCHIAL MUSCLES , RESULTING IN THE EXP ANSION OF BRONCHIAL AIR 2
PASSAGES TO PROVIDE FAST TREATMENT OF AS THMA–RELATED SYMPTOMS AND 3
SYMPTOMS OF RESPIRAT ORY DISTRESS. 4
(4) “SCHOOL PERSONNEL ” MEANS INDIVIDUALS WH O ARE EMPLOYED 5
BY A PUBLIC SCHOOL , INCLUDING PART –TIME EMPLOYEES , TEACHERS AND 6
SUBSTITUTE TEACHERS EMPLOYED BY THE SCHO OL FOR AT LEAST 7 DAYS EACH 7
SCHOOL YEAR , REGISTERED NURSE CAS E MANAGERS , DELEGATING NURSES , AND 8
ADMINISTRATIVE STAFF . 9
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 10
EACH COUNTY BOARD SH ALL ESTABLISH A POLI CY FOR PUBLIC SCHOOL S WITHIN ITS 11
JURISDICTION TO AUTH ORIZE THE SCHOOL NURSE AND OTHER SCHOOL PERSONN EL 12
TO ADMINISTER A BRON CHODILATOR TO A STUD ENT WHO IS DETERMINE D BY AN 13
INDIVIDUAL WHO HAS U NDERGONE THE TRAININ G PROVIDED UNDER SUB SECTION 14
(C) OF THIS SECTION TO H AVE ASTHMA , IS EXPERIENCING ASTH MA–RELATED 15
SYMPTOMS, OR IS PERCEIVED TO B E IN RESPIRATORY DIS TRESS, REGARDLESS OF 16
WHETHER THE STUDENT : 17
(I) HAS BEEN DIAGNOSED WI TH ASTHMA OR REACTIV E AIRWAY 18
DISEASE; OR 19
(II) HAS BEEN PRESCRIBED A BRONCHODILATOR BY AN 20
AUTHORIZED LICENSED HEALTH CARE PRACTITI ONER UNDER T HE HEALTH 21
OCCUPATIONS ARTICLE. 22
(2) NEITHER A SCHOOL NURS E NOR ANY OTHER SCHO OL PERSONNEL 23
MAY ADMINISTER A BRONCHO DILATOR TO A PREKIND ERGARTEN STUDENT UNL ESS 24
THE STUDENT HAS BEEN DIAGNOSED WITH ASTHM A OR A REACTIVE AIRW AY DISEASE 25
AND HAS A PRESCRIPTI ON FOR A BRONCHODILATOR AS PRESCRIBED BY THE 26
STUDENT’S HEALTH CARE PRACTI TIONER. 27
(C) (1) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R § 7–426.2(C) 28
OF THIS SUBTITLE SHA LL BE PROVIDED TO SC HOOL NURSES AND VOLU NTARY 29
SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL NURSE AND, IN THE 30
CLINICAL JUDGMENT OF THE SCHOOL NURSE , ARE APPROPRIATE RECI PIENTS OF 31
THE TRAINING. 32
(2) THE TRAINING PROVIDED UNDER THIS SUBSECTIO N SHALL BE A 33
PAID PROFESSIONAL DE VELOPMENT TRAINING . 34
(D) THE POLICY ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION 35
SHALL INCLUDE : 36 SENATE BILL 180 7
(1) THE TRAINING REQUIRED UNDER SUBSECTION (C) OF THIS 1
SECTION; 2
(2) PROCEDURES FOR THE EM ERGENCY ADMINISTRATI ON OF A 3
BRONCHODILATOR BY A SCHOOL NURSE OR DESI GNATED VOLUNTEER ; 4
(3) THE PROPER FOLLOW –UP EMERGENCY PROCEDURES ; 5
(4) A PROVISION AUTHORIZIN G A SCHOOL NURSE TO OBTAIN AND 6
STORE AT A PUBLIC SC HOOL BRONCHODILATORS AND MODES OF DELIVER Y, 7
INCLUDING INHALERS W ITH SPACERS, TO BE USED IN AN EME RGENCY SITUATION ; 8
AND 9
(5) A REQUIREMENT THAT EAC H PUBLIC SCHOOL DEVELOP AND 10
IMPLEMENT A METHOD F OR NOTIFYING THE PAR ENTS OR GUARDIANS OF STUDENTS 11
OF THE SCHOOL ’S POLICY UNDER THIS SECTION AT THE BEGIN NING OF EACH 12
SCHOOL YEAR . 13
(E) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY 14
PROVIDE BRONCHODILAT ORS TO A SCHOOL NURSE OR DESI GNATED VOLUNTEER 15
FOR USE IN ACCORDANC E WITH THIS SECTION . 16
(2) BRONCHODILATORS AND M ODES OF ADMINISTRATI ON, 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 MANU FACTURER. 19
(3) A COUNTY BOARD OR PUBL IC SCHOOL MAY ACCEPT DONATED 20
BRONCHODILATORS AND MODES OF ADMINISTRAT ION, INCLUDING INHALERS W ITH 21
SPACERS, FROM A LICENSED PHAR MACY OR MANUFACTURER . 22
(4) A COUNTY BOARD MAY APP LY FOR GRANTS TO OBT AIN FUNDING 23
FOR THE PURCHASE OF BRONCHOD ILATORS AND MODES OF ADMINISTRATION , 24
INCLUDING INHALERS W ITH SPACERS. 25
(F) 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 DIS TRESS OF A CHILD IN ACCORDANCE 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
(G) (1) (I) FOR EACH INCIDENT AT THE SCHOOL OR AT A R ELATED 31
SCHOOL EVENT THAT RE QUIRES THE US E OF A BRONCHODILATO R, EACH PUBLIC 32
SCHOOL SHALL : 33 8 SENATE BILL 180
1. NOTIFY THE STUDENT ’S PARENT OR LEGAL 1
GUARDIAN OF THE INCI DENT; AND 2
2. MAKE A RECORD OF THE INCIDENT, ON THE FORM 3
THAT THE DEPARTMENT REQUIRES , AND FILE THE FORM IN THE STUDENT’S SCHOOL 4
MEDICAL RECORD. 5
(II) EACH PUBLIC SCHOOL SH ALL SUBMIT TO THE 6
DEPARTMENT A REPORT , ON THE FORM AND SCHE DULE REQUIRED BY THE 7
DEPARTMENT , ON THE NUMBER OF INC IDENTS AT THE SCHOOL OR AT A RELATED 8
SCHOOL EVENT THAT RE QUIRED THE USE OF A BRONCHODILATOR . 9
(2) THE DEPARTMENT SHALL DEVE LOP AND DISSEMINATE 10
STANDARD FORMS TO RE CORD EACH INCIDENT A ND REPORT INCIDENTS REQUIRING 11
THE USE OF A BRONCHO DILATOR AT A PUBLIC SCHOOL. 12
7–426.7. 13
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 14
INDICATED. 15
(2) “ASTHMA” MEANS A CHRONIC LUNG DISEASE THAT INFLAME S 16
AND NARROWS AIR PASS AGES, CAUSING RECURRING PE RIODS OF WHEEZING , CHEST 17
TIGHTNESS, SHORTNESS OF BREATH , AND COUGHING . 18
(3) “BRONCHODILATOR ” MEANS MEDICATION THA T RELAXES 19
BRONCHIAL MUSCLES , RESULTING IN THE EX PANSION OF BRONCHIAL AIR 20
PASSAGES TO PROVIDE FAST TREATMENT OF AS THMA–RELATED SYMPTOMS AND 21
SYMPTOMS OF RESPIRAT ORY DISTRESS. 22
(4) “SCHOOL PERSONNEL ” MEANS INDIVIDUALS WH O ARE EMPLOYED 23
BY A NONPUBLIC SCHOO L, INCLUDING PART –TIME EMPLOYEES , TEACHERS AND 24
SUBSTITUTE TEACHERS EMP LOYED BY THE SCHOOL FOR AT LEAST 7 DAYS EACH 25
SCHOOL YEAR , REGISTERED NURSE CAS E MANAGERS , DELEGATING NURSES , AND 26
ADMINISTRATIVE STAFF . 27
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 28
EACH NONPUBLIC SCHOOL IN THE STATE MAY ESTABLISH A POLI CY AUTHORIZING 29
THE SCHOOL NURSE AND OTHER SCHOOL PERSONN EL TO ADMINISTER A 30
BRONCHODILATOR TO A STUDENT WHO IS DETER MINED BY AN INDIVIDU AL WHO HAS 31
UNDERGONE THE TRAINI NG PROVIDED UNDER § 7–426.2(C) OF THIS SUBTITLE TO 32
HAVE ASTHMA , IS EXPERIENCING ASTHMA –RELATED SYMPTOMS , OR IS PERCEIVED 33
TO BE IN RESPIRATORY DISTRESS, REGARDLESS OF WHETHE R THE STUDENT : 34 SENATE BILL 180 9
(I) HAS BEEN DIAGNOSED WI TH ASTHMA OR REACTIV E AIRWAY 1
DISEASE; OR 2
(II) HAS BEEN PRESCRIBED A BRONCHODILATOR BY AN 3
AUTHORIZED LICENS ED HEALTH CARE PRACT ITIONER UNDER THE HEALTH 4
OCCUPATIONS ARTICLE. 5
(2) A SCHOOL NURSE OR ANY OTHER SCHOOL PERSONN EL MAY NOT 6
ADMINISTER A BRONCHO DILATOR TO A PREKIND ERGARTEN STUDENT UNL ESS THE 7
STUDENT HAS BEEN DIA GNOSED WITH ASTHMA O R A REACTIVE AIRWAY DISEASE 8
AND HAS A PRESCRIPTI ON FOR A BRONCHODILA TOR AS PRESCRIBED BY THE 9
STUDENT’S HEALTH CARE PRACTI TIONER. 10
(C) THE POLICY ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION 11
SHALL INCLUDE : 12
(1) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R § 7–426.2(C) 13
OF THIS SUBTITLE FOR SCHO OL NURSES AND VOLUNT ARY SCHOOL PERSONNEL WHO 14
ARE DESIGNATED BY A SCHOOL NURSE AND , IN THE CLINICAL JUDG MENT OF THE 15
SCHOOL NURSE , ARE APPROPRIATE RECI PIENTS OF THE TRAINI NG; 16
(2) PROCEDURES FOR THE EM ERGENCY ADMINISTRATI ON OF A 17
BRONCHO DILATOR BY A SCHOOL NURSE OR DESIGNATED VOLUNTEER ; 18
(3) THE PROPER FOLLOW –UP EMERGENCY PROCEDU RES; 19
(4) A PROVISION AUTHORIZIN G A SCHOOL NURSE OR ANY OTHER 20
LICENSED HEALTH CARE PRACTITIONER TO OBTA IN, AND A SCHOOL NURSE O R ANY 21
OTHER SCHOOL PERSONN EL TO STORE, AT A NONPUBLIC SCHOO L FOR USE IN AN 22
EMERGENCY SITUATION BRONCHODILATORS AND MODES OF DELIVERY , INCLUDING 23
INHALERS WITH SPACER S; 24
(5) A REQUIREMENT THAT THE NONPUBLIC SCHOOL DEV ELOP AND 25
IMPLEMENT A METHOD F OR NOTIFYING THE PAR ENTS OR GUARDIANS OF STUDENTS 26
OF THE SCHOOL ’S POLICY UNDER THIS SECTION AT THE BEGIN NING OF EACH 27
SCHOOL YEAR ; AND 28
(6) AN ONGOING PROCESS FO R OVERSIGHT AND MONI TORING BY A 29
LICENSED HEALTH CARE PRACTITIONER OF THE IMPLEMENTATION OF TH E POLICY 30
ESTABLISHED UNDER SU BSECTION (B) OF THIS SECTION. 31
(D) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY 32
PROVIDE BRONCHODILAT ORS TO A SCHOOL NURS E OR DESIGNATED VOLU NTEER 33 10 SENATE BILL 180
FOR USE IN ACCORDANC E WITH THIS SECTION . 1
(2) BRONCHODILATORS AND M ODES OF ADMINISTRATI ON, 2
INCLUDING INHALERS WITH SPACERS , USED BY A SCHOOL NUR SE OR ANY OTHER 3
SCHOOL PERSONNEL MUS T BE FROM A LICENSED PHARMACY OR MANUFACT URER. 4
(3) A NONPUBLIC SCHOOL MAY ACCEPT DONATED 5
BRONCHODILATORS AND MODES OF ADMINISTRAT ION, INCLUDING INHALERS W ITH 6
SPACERS, FROM A LICENSED PHARMACY OR MANUFACT URER. 7
(4) A NONPUBLIC SCHOOL MAY APPLY FOR GRANTS TO OBTAIN 8
FUNDING FOR THE PURC HASE OF BRONCHODILAT ORS AND MODES OF 9
ADMINISTRATION , INCLUDING INHALERS W ITH SPACERS. 10
(E) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A SCHOOL 11
NURSE OR ANY OTHER SCH OOL PERSONNEL WHO RE SPOND IN GOOD FAITH TO THE 12
ASTHMA ATTACK OR RES PIRATORY DISTRESS OF A CHILD IN ACCORDANC E WITH 13
THIS SECTION MAY NOT BE HELD PERSONALLY L IABLE FOR ANY ACT OR OMISSION 14
IN THE COURSE OF RES PONDING TO THE CHILD IN DISTRESS. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 16
1, 2024. 17