EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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.
*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
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 13, 2024
CHAPTER ______
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 the Maryland Department of Health, in 11
consultation with county boards, and authorizing nonpublic schools in the State to 12
establish a policy to obtain, administer, and train certain school nurses and other 13
school personnel to administer in emergency situations bronchodilators to a student 14
who is determined to have asthma, is be or perceived to be experiencing 15
asthma–related symptoms, symptoms or is perceived to be in respiratory distress by 16
a school nurse or any other certain designated school personnel; and generally 17
relating to use and availability of auto–injectable epinephrine and bronchodilators 18
in public and nonpublic schools in the State. 19
BY repealing and reenacting, with amendments, 20
Article – Education 21
Section 7–426.2 and 7–426.3 22
Annotated Code of Maryland 23 2 SENATE BILL 180
(2022 Replacement Volume and 2023 Supplement) 1
BY adding to 2
Article – Education 3
Section 7–426.6 and 7–426.7 4
Annotated Code of Maryland 5
(2022 Replacement Volume and 2023 Supplement) 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – Education 9
7–426.2. 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
(b) Each county board shall establish a policy for public schools within its 17
jurisdiction to authorize the school nurse and other school personnel to administer 18
auto–injectable epinephrine, if available, to a student who is determined BY AN 19
INDIVIDUAL WHO HAS U NDERGONE THE TRAININ G PROVIDED UNDER SUB SECTION 20
(C) OF THIS SECTION, IF AVAILABLE, to be or perceived to be in anaphylaxis, regardless 21
of whether the student: 22
(1) Has been identified as having an anaphylactic allergy, as defined in § 23
7–426.1 of this subtitle; or 24
(2) Has [a prescription for] BEEN PRESCRIBED epinephrine [as 25
prescribed] by an authorized licensed health care practitioner under the Health 26
Occupations Article. 27
(c) (1) THE DEPARTMENT , IN CONSULTATION WITH THE MARYLAND 28
DEPARTMENT OF HEALTH, THE AMERICAN LUNG ASSOCIATION, AND THE ASTHMA 29
AND ALLERGY FOUNDATION OF AMERICA, SHALL IDENTIFY OR DE VELOP TRAINING 30
TO: 31
(I) IDENTIFY THE SYMPTOMS OF ASTHMA AND RESPIR ATORY 32
DISTRESS; 33
SENATE BILL 180 3
(II) IDENTIFY THE SYMPTOMS OF ANAPHYLAXIS; AND 1
(III) DISTINGUISH BETWEEN A NAPHYLAXIS AND ASTHM A OR 2
RESPIRATORY DISTRESS . 3
(2) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R PARAGRAPH 4
(1) OF THIS SUBSECTION S HALL BE PROVIDED TO SCHOOL NURSES AND VO LUNTARY 5
SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHO OL NURSE AND , IN THE 6
CLINICAL JUDGMENT OF THE SCHOOL NURSE , ARE APPROPRIATE RECI PIENTS OF 7
THE TRAINING. 8
(3) THE TRAINING PROVIDED UNDER THIS SUBSECTIO N SHALL BE A 9
PAID PROFESSIONAL DE VELOPMENT TRAINING . 10
(D) The policy established under subsection (b) of this section shall include: 11
(1) [Training for school personnel on how to recognize the symptoms of 12
anaphylaxis] THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R SUBSECTION (C) OF 13
THIS SECTION; 14
(2) Procedures for the emergency administration of auto–injectable 15
epinephrine BY A SCHOOL NURSE OR DESIGNATED VOLUNTEER SCHOOL PERSONNEL ; 16
(3) The proper follow–up emergency procedures; 17
(4) A provision authorizing a school nurse to obtain and store at a public 18
school auto–injectable epinephrine to be used in an emergency situation; and 19
(5) A requirement that each public school develop and implement a method 20
for notifying the parents or guardians of students of the school’s policy under this section 21
at the beginning of each school year. 22
(E) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY 23
PROVIDE AUTO –INJECTABLE EPINEPHRI NE TO A SCHOOL NURSE OR DESIGNATED 24
VOLUNTEER SCHOOL PERSONNEL FOR USE IN ACCORDANC E WITH THIS SECTION . 25
(2) AUTO–INJECTABLE EPINEPHRI NE USED UNDER THIS S ECTION 26
MUST BE FROM A LICEN SED PHARMACY OR MANU FACTURER. 27
(3) A COUNTY BOARD OR PUBL IC SCHOOL MAY ACCEPT DONATED 28
AUTO–INJECTABLE EPINEPHRI NE FROM A LICENSED P HARMACY OR 29
MANUFACTURER . 30
4 SENATE BILL 180
(4) A COUNTY BOARD MAY APP LY FOR GRANTS TO OBT AIN FUNDING 1
FOR THE PUR CHASE OF AUTO –INJECTABLE EPINEPHRI NE FROM A LICENSED 2
PHARMACY OR MANUFACT URER. 3
[(d)] (F) Except for any willful or grossly negligent act, a school nurse or other 4
school personnel who respond in good faith to the anaphylactic reaction of a child in 5
accordance with this section may not be held personally liable for any act or omission in the 6
course of responding to the reaction. 7
[(e)] (G) (1) Each public school shall submit, on the form that the Department 8
requires, a report to the Department on each incident at the school or at a related school 9
event that required the use of auto–injectable epinephrine. 10
(2) The Department shall develop and disseminate a standard form to 11
report each incident requiring the use of auto–injectable epinephrine at a public school. 12
7–426.3. 13
(a) (1) In this section the following words have the meanings indicated. 14
(2) “Anaphylaxis” means a sudden, severe, and potentially life–threatening 15
allergic reaction that occurs when an individual is exposed to an allergen. 16
(3) “Auto–injectable epinephrine” means a portable, disposable drug 17
delivery device that contains a premeasured single dose of epinephrine that is used to treat 18
anaphylaxis in an emergency situation. 19
(4) “School personnel” means individuals who are employed by a nonpublic 20
school, including part–time employees, teachers and substitute teachers employed by the 21
school for at least 7 days each school year, a school nurse, registered nurse case manager, 22
delegating nurse, and administrative staff. 23
(b) Each nonpublic school in the State may establish a policy authorizing school 24
personnel to administer auto–injectable epinephrine, if available, to a student who is 25
determined BY AN INDIVIDUAL WHO HAS UNDERGONE THE TR AINING PROVIDED 26
UNDER § 7–426.2(C) OF THIS SUBTIT LE, IF AVAILABLE, to be or perceived to be in 27
anaphylaxis, regardless of whether the student: 28
(1) Has been identified as having an anaphylactic allergy, as defined in § 29
7–426.1 of this subtitle; or 30
(2) Has [a prescription for] BEEN PRESCRIBED epinephrine [as 31
prescribed] by an authorized licensed health care practitioner under the Health 32
Occupations Article. 33
(c) The policy established under subsection (b) of this section shall include: 34 SENATE BILL 180 5
(1) [Training for school personnel on how to recognize the signs and 1
symptoms of anaphylaxis by a licensed health care practitioner who is authorized to 2
administer auto–injectable epinephrine and who has been trained in an established 3
protocol on how to recognize the signs and symptoms of anaphylaxis] THE TRAINING 4
IDENTIFIED OR DEVELOPE D UNDER § 7–426.2(C) OF THIS SUBTITLE FOR SCHOOL 5
NURSES AND VOLUNTARY SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL 6
NURSE AND , IN THE CLINICAL JUDG MENT OF THE SCHOOL N URSE, ARE 7
APPROPRIATE RECIPIEN TS OF THE TRAINING ; 8
(2) Procedures for the emergency administration of auto–injectable 9
epinephrine BY A SCHOOL NURSE OR DESIGNATED VOLUNTEER SCHOOL PERSONNEL ; 10
(3) The proper follow–up emergency procedures; 11
(4) A provision authorizing a school nurse or other licensed health care 12
practitioner to obtain and, school personnel to store, at a nonpublic school auto–injectable 13
epinephrine to be used in an emergency situation; 14
(5) A requirement that the nonpublic school develop and implement a 15
method for notifying the parents or guardians of students of the school’s policy under this 16
section at the beginning of each school year; and 17
(6) An ongoing process for oversight and monitoring by a licensed health 18
care practitioner of the implementation of the policy established under subsection (b) of this 19
section. 20
(D) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY 21
PROVIDE AUTO –INJECTABLE EPINEPHRI NE TO A SCHOOL NURSE OR DESIGNATED 22
VOLUNTEER SCHOOL PERSONNEL FOR USE IN ACCORDANC E WITH THIS SECTION . 23
(2) AUTO–INJECTABLE EPINEPHRI NE USED UNDER THIS SECT ION 24
MUST BE FROM A LICEN SED PHARMACY OR MANU FACTURER. 25
(3) A NONPUBLIC SCHOOL MAY ACCEPT DONATED AUTO –INJECTABLE 26
EPINEPHRINE FROM A L ICENSED PHARMACY OR MANUFACTURER . 27
(4) A NONPUBLIC SCHOOL MAY APPLY FOR GRANTS TO OBTAIN 28
FUNDING F OR THE PURCHASE OF A UTO–INJECTABLE EPINEPHRI NE FROM A 29
LICENSED PHARMACY OR MANUFACTURER . 30
[(d)] (E) Except for any willful or grossly negligent act, school personnel who 31
respond in good faith to the anaphylactic reaction of a child in accordance with this section 32
may not be held personally liable for any act or omission in the course of responding to the 33
reaction. 34 6 SENATE BILL 180
7–426.6. 1
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(2) “ASTHMA” MEANS A CHRONIC LUNG DISEASE THAT INFLAME S 4
AND NARROWS AIR PASS AGES, CAUSING RECURRING PE RIODS OF WHEEZING , CHEST 5
TIGHTNESS, SHORTNESS OF BREATH , AND COUGHING . 6
(3) “BRONCHODILATOR ” MEANS MEDICATION THA T RELAXES 7
BRONCHIAL MUSCLES , RESULTING IN THE EXP ANSION OF BRONCHIAL AIR 8
PASSAGES TO PROVIDE FAST TREATMENT OF ASTH MA–RELATED SYMPTOMS AND 9
SYMPTOMS OF RESPIRAT ORY DISTRESS. 10
(4) “SCHOOL PERSONNEL ” MEANS INDIVIDUALS WH O ARE EMPLOYED 11
BY A PUBLIC SCHOOL , INCLUDING PART –TIME EMPLOYEES , TEACHERS AND 12
SUBSTITUTE TEACHERS EMPLOYED BY THE SCHO OL FOR AT LEA ST 7 DAYS EACH 13
SCHOOL YEAR , REGISTERED NURSE CAS E MANAGERS , DELEGATING NURSES , AND 14
ADMINISTRATIVE STAFF . 15
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 16
EACH COUNTY BOARD THE MARYLAND DEPARTMENT OF HEALTH, IN 17
CONSULTATION WITH CO UNTY BOARDS, SHALL ESTABLISH A PO LICY FOR PUBLIC 18
SCHOOLS WITHIN ITS JURISDICTION TO AUTHORIZE THE SCH OOL NURSE AND OTHER 19
DESIGNATED SCHOOL PERSONNEL TO ADMINISTER A BRONCHO DILATOR TO A 20
STUDENT WHO IS DETER MINED BY AN INDIVIDU AL WHO HAS UNDERGONE THE 21
TRAINING PROVIDED UN DER SUBSECTION (C) OF THIS SECTION TO HAVE ASTHMA , 22
IS BE OR PERCEIVED TO B E EXPERIENCING ASTHMA –RELATED SYMPTOMS , OR IS 23
PERCEIVED TO BE IN R ESPIRATORY DISTRESS , REGARDLESS OF WHETHE R THE 24
STUDENT: 25
(I) HAS BEEN DIAGNOSED WI TH ASTHMA OR REACTIV E AIRWAY 26
DISEASE; OR 27
(II) HAS BEEN PRESCRIBED A BRONCHODILATOR BY AN 28
AUTHORIZED LICENSED HEALTH CARE PRACTITI ONER UNDER THE HEALTH 29
OCCUPATIONS ARTICLE. 30
(2) NEITHER A SCHOOL NURS E NOR ANY OTHER DESIGNATED 31
SCHOOL PERSONNEL MAY ADMINISTER A BRONCHO DILATOR TO A 32
PREKINDERGARTEN STUD ENT UNLESS THE STUDE NT HAS BEEN DIAGNOSE D WITH 33
ASTHMA OR A REACTIVE AIRWAY DISEASE AND H AS A PRESCRI PTION FOR A 34 SENATE BILL 180 7
BRONCHODILATOR AS PR ESCRIBED BY THE STUD ENT’S HEALTH CARE 1
PRACTITIONER . 2
(C) (1) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R § 7–426.2(C) 3
OF THIS SUBTITLE SHA LL BE PROVIDED TO SC HOOL NURSES AND VOLU NTARY 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
(2) THE TRAINING PROVIDED UNDER THIS SUBSECTIO N SHALL BE A 8
PAID PROFESSIONAL DE VELOPMENT TRAINING . 9
(D) THE POLICY ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION 10
SHALL INCLUDE : 11
(1) THE TRAINING REQUIRED UNDER SUBSECTION (C) OF THIS 12
SECTION; 13
(2) PROCEDURES FOR THE EM ERGENCY ADMINISTRATI ON OF A 14
BRONCHODILATOR BY A SCHOOL NURSE OR DESI GNATED VOLUNTEER SCHOOL 15
PERSONNEL ; 16
(3) PROCEDURES FOR RECOGNIZING AND ADMI NISTERING A 17
BRONCHODILATOR BASED ON THE SEVERITY OF T HE SYMPTOMS BEING 18
EXPERIENCED BY THE S TUDENT; 19
(3) (4) THE PROPER FOLLOW –UP EMERGENCY PROCEDU RES; 20
(4) (5) A PROVISION AUTHORIZIN G A SCHOOL NURSE TO OBTAIN 21
AND STORE AT A PUBLI C SCHOOL BRONCHODILATO RS AND MODES OF DELI VERY, 22
INCLUDING INHALERS W ITH SPACERS, TO BE USED IN AN EME RGENCY SITUATION ; 23
AND 24
(5) (6) A REQUIREMENT THAT EAC H PUBLIC SCHOOL DEVE LOP 25
AND IMPLEMENT A METH OD FOR NOTIFYING THE PARENTS OR GUARDIANS OF 26
STUDENTS OF T HE SCHOOL’S POLICY UNDER THIS SECTION AT THE BEGIN NING OF 27
EACH SCHOOL YEAR . 28
(E) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY 29
PROVIDE BRONCHODILAT ORS TO A SCHOOL NURS E OR DESIGNATED VOLUNTEER 30
SCHOOL PERSONNEL FOR USE IN ACCORDANC E WITH THIS SECTION. 31
(2) BRONCHODILATORS AND M ODES OF ADMINISTRATI ON, 32
INCLUDING INHALERS W ITH SPACERS, USED BY A SCHOOL NUR SE OR ANY OTHER 33 8 SENATE BILL 180
DESIGNATED SCHOOL PERSONNEL MUS T BE FROM A LICENSED PHARMACY OR 1
MANUFACTURER . 2
(3) A COUNTY BOARD OR PUBL IC SCHOOL MAY ACCEP T DONATED 3
BRONCHODILATORS AND MODES OF ADMINISTRAT ION, INCLUDING INHALERS W ITH 4
SPACERS, FROM A LICENSED PHAR MACY OR MANUFACTURER . 5
(4) A COUNTY BOARD MAY APP LY FOR GRANTS TO OBT AIN FUNDING 6
FOR THE PURCHASE OF BRONCHODILATORS AND MODES OF ADMINISTRAT ION, 7
INCLUDING INHALERS W ITH SPACERS. 8
(F) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A SCHOOL 9
NURSE OR ANY OTHER S CHOOL PERSONNEL WHO RESPOND IN GOOD FAIT H TO THE 10
ASTHMA ATTACK OR RES PIRATORY DISTRESS OF A CHILD IN ACCORDANC E WITH 11
THIS SECTION MAY NOT BE HELD PERSONALLY LI ABLE FOR ANY ACT OR OMISSION 12
IN THE COURSE OF RES PONDING TO THE CHILD IN DISTRESS. 13
(G) (1) (I) FOR EACH INCIDENT AT THE SCHOOL OR AT A R ELATED 14
SCHOOL EVENT THAT RE QUIRES THE USE OF A BRONCHODILATOR STOCK 15
BRONCHODILATOR IN AC CORDANCE WITH THIS SECTION , EACH PUBLIC SCHOOL 16
SHALL: 17
1. NOTIFY THE STUDENT ’S PARENT OR LEGAL 18
GUARDIAN OF THE INCI DENT; AND 19
2. MAKE A RECORD OF THE INCIDENT, ON THE FORM 20
THAT THE DEPARTMENT REQUIRES , AND FILE THE FORM IN THE STUDENT’S SCHOOL 21
MEDICAL RECOR D. 22
(II) EACH PUBLIC SCHOOL SH ALL SUBMIT TO THE 23
DEPARTMENT A REPORT , ON THE FORM AND SCHE DULE REQUIRED BY THE 24
DEPARTMENT , ON THE NUMBER OF INC IDENTS AT THE SCHOOL OR AT A RELATED 25
SCHOOL EVENT THAT RE QUIRED THE USE OF A BRONCHODILATOR STOCK 26
BRONCHODILATO R IN ACCORDANCE WITH THIS SECTION. 27
(2) THE DEPARTMENT SHALL DEVE LOP AND DISSEMINATE 28
STANDARD FORMS TO RE CORD EACH INCIDENT A ND REPORT INCIDENTS REQUIRING 29
THE USE OF A BRONCHO DILATOR AT A PUBLIC SCHOOL. 30
7–426.7. 31
(A) (1) IN THIS SECTION THE F OLLOWING W ORDS HAVE THE MEANIN GS 32
INDICATED. 33
SENATE BILL 180 9
(2) “ASTHMA” MEANS A CHRONIC LUNG DISEASE THAT INFLAME S 1
AND NARROWS AIR PASS AGES, CAUSING RECURRING PE RIODS OF WHEEZING , CHEST 2
TIGHTNESS, SHORTNESS OF BREATH , AND COUGHING . 3
(3) “BRONCHODILATOR ” MEANS MEDICATION THA T RELAXES 4
BRONCHIAL MUSCLES , RESULTING IN THE EXP ANSION OF BRONCHIAL AIR 5
PASSAGES TO PROVIDE FAST TREATMENT OF AS THMA–RELATED SYMPTOMS AND 6
SYMPTOMS OF RESPIRAT ORY DISTRESS. 7
(4) “SCHOOL PERSONNEL ” MEANS INDIVIDUALS WH O ARE EMPLOYED 8
BY A NONPUBLIC SCHOO L, INCLUDING PART –TIME EMPLOYEES , TEACHERS AND 9
SUBSTITUTE TEACHERS EMPLOYED BY THE SCHO OL FOR AT LEAST 7 DAYS EACH 10
SCHOOL YEAR , REGISTERED NURSE CAS E MANAGERS , DELEGATING NURSES , AND 11
ADMINISTRATIVE STAFF . 12
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, 13
EACH NONPUBLIC SCHOOL IN THE STATE MAY ESTABLISH A POLICY AUTHORIZING 14
THE SCHOOL NURSE AND OTHER DESIGNATED SCHOOL PERSONNEL TO ADMINISTER 15
A BRONCHODILATOR TO A STUDENT WHO IS DET ERMINED BY AN INDIVI DUAL WHO 16
HAS UNDERGONE THE TR AINING PROVIDED UNDER § 7–426.2(C) OF THIS SUBTITLE 17
TO HAVE ASTHMA , IS BE OR PERCEIVED TO B E EXPERIENCING ASTHMA –RELATED 18
SYMPTOMS, SYMPTOMS OR IS PERCEIVED TO BE IN R ESPIRATORY DISTRESS , 19
REGARDLESS OF WHETHE R THE STUDENT : 20
(I) HAS BEEN DIAGNOSED WI TH ASTHMA OR REACTIV E AIRWAY 21
DISEASE; OR 22
(II) HAS BEEN PRESCRIBED A BRONCHODILATOR BY AN 23
AUTHORIZED LICENSED HEALTH CARE PRACTITI ONER UNDER THE HEALTH 24
OCCUPATIONS ARTICLE. 25
(2) A SCHOOL NURSE OR ANY OTHER DESIGNATED SCHOOL 26
PERSONNEL MAY NOT AD MINISTER A BRONCHODI LATOR TO A PREKINDERGARTEN 27
STUDENT UNLESS THE S TUDENT HAS BEEN DIAG NOSED WITH ASTHMA OR A 28
REACTIVE AIRWAY DISE ASE AND HAS A PRESCR IPTION FOR A BRONCHO DILATOR AS 29
PRESCRIBED BY THE ST UDENT’S HEALTH CARE PRACTI TIONER. 30
(C) THE POLICY ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION 31
SHALL INCLUDE : 32
(1) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R § 7–426.2(C) 33
OF THIS SUBTITLE FOR SCHOOL NURSES AND VO LUNTARY SCHOOL PERSO NNEL WHO 34
ARE DESIGNATED BY A SCHOOL NURSE AND , IN THE CLINICAL JUDG MENT OF THE 35
SCHOOL NURSE , ARE APPROPRIATE RECIPIENTS OF THE TRAINING ; 36 10 SENATE BILL 180
(2) PROCEDURES FOR THE EM ERGENCY ADMINISTRATI ON OF A 1
BRONCHODILATOR BY A SCHOOL NURSE OR DESI GNATED VOLUNTEER SCHOOL 2
PERSONNEL ; 3
(3) PROCEDURES FOR RECOGN IZING AND ADMINISTER ING A 4
BRONCHODILATOR BASED ON THE SEVERITY OF THE SYMP TOMS BEING 5
EXPERIENCED BY THE S TUDENT; 6
(3) (4) THE PROPER FOLLOW –UP EMERGENCY PROCEDU RES; 7
(4) (5) A PROVISION AUTHORIZIN G A SCHOOL NURSE OR ANY 8
OTHER LICENSED HEALT H CARE PRACTITIONER TO OBTAIN, AND A SCHOOL NURSE 9
OR ANY OTHER SC HOOL PERSONNEL TO ST ORE, AT A NONPUBLIC SCHOO L FOR USE 10
IN AN EMERGENCY SITU ATION BRONCHODILATOR S AND MODES OF DELIV ERY, 11
INCLUDING INHALERS W ITH SPACERS; 12
(5) (6) A REQUIREMENT THAT THE NONPUBLIC SCHOOL DEV ELOP 13
AND IMPLEMENT A METH OD FOR NOTIFYING THE PARENTS OR GUARDIANS OF 14
STUDENTS OF THE SCHO OL’S POLICY UNDER THIS SECTION AT THE BEGIN NING OF 15
EACH SCHOOL YEAR ; AND 16
(6) (7) AN ONGOING PROCESS FO R OVERSIGHT AND MONI TORING 17
BY A LICENSED HEALTH CARE PRACTITIONER OF THE IMPLEMENTATION O F THE 18
POLICY ESTABLIS HED UNDER SUBSECTION (B) OF THIS SECTION. 19
(D) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY 20
PROVIDE BRONCHODILAT ORS TO A SCHOOL NURS E OR DESIGNATED VOLU NTEER 21
FOR USE IN ACCORDANC E WITH THIS SECTION . 22
(2) BRONCHODILATORS AND M ODES OF ADMINISTRATI ON, 23
INCLUDING INHALERS W ITH SPACERS, USED BY A SCHOOL NUR SE OR ANY OTHER 24
DESIGNATED SCHOOL PERSONNEL MUS T BE FROM A LICENSED PHARMACY OR 25
MANUFACTURER . 26
(3) A NONPUBLIC SCHOOL MAY ACCEPT DONATED 27
BRONCHODILATORS AND MODES OF ADMINISTRAT ION, INCLUDING INHALERS W ITH 28
SPACERS, FROM A LICENSED PHAR MACY OR MANUFACTURER . 29
(4) A NONPUBLIC SCHOOL MAY APPLY FOR GRANTS TO OBTAIN 30
FUNDING FOR THE PURC HASE OF BRONCHODILAT ORS AND MODES OF 31
ADMINISTRATION , INCLUDING INHALERS W ITH SPACERS. 32
SENATE BILL 180 11
(E) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A SCHOOL 1
NURSE OR ANY OTHER S CHOOL PERSONNEL WHO RESPOND IN GOOD FAIT H TO THE 2
ASTHMA ATTACK OR RES PIRATORY DISTRESS OF A CHILD IN ACCORDANC E WITH 3
THIS SECTION MAY NOT BE HELD PERSONALLY L IABLE FOR ANY ACT OR OMISS ION 4
IN THE COURSE OF RES PONDING TO THE CHILD IN DISTRESS. 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 6
1, 2024. 7
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.