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.
Italics indicate opposite chamber/conference committee amendments.
*sb0180*
SENATE BILL 180
F1 (4lr1431)
ENROLLED BILL
— Education, Energy, and the Environment/Ways and Means —
Introduced by Senator Hester
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at __ ______________________ o’clock, ________M.
______________________________________________
President.
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, or is perceived to be, experiencing 15 2 SENATE BILL 180
asthma–related symptoms, symptoms or is perceived to be in respiratory distress by 1
a school nurse or any other certain designated school personnel; and generally 2
relating to use and availability of auto–injectable epinephrine and bronchodilators 3
in public and nonpublic schools in the State. 4
BY repealing and reenacting, with amendments, 5
Article – Education 6
Section 7–426.2 and 7–426.3 7
Annotated Code of Maryland 8
(2022 Replacement Volume and 2023 Supplement) 9
BY adding to 10
Article – Education 11
Section 7–426.6 and 7–426.7 12
Annotated Code of Maryland 13
(2022 Replacement Volume and 2023 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Education 17
7–426.2. 18
(a) (1) In this section the following words have the meanings indicated. 19
(2) “Anaphylaxis” means a sudden, severe, and potentially life–threatening 20
allergic reaction that occurs when an individual is exposed to an allergen. 21
(3) “Auto–injectable epinephrine” means a portable, disposable drug 22
delivery device that contains a premeasured single dose of epinephrine that is used to treat 23
anaphylaxis in an emergency situation. 24
(b) Each county board shall establish a policy for public schools within its 25
jurisdiction to authorize the school nurse and other school personnel to administer 26
auto–injectable epinephrine, if available, to a student who is determined BY AN 27
INDIVIDUAL WHO HAS U NDERGONE THE TRAININ G PROVIDED UNDER SUB SECTION 28
(C) OF THIS SECTION, IF AVAILABLE, to be or perceived to be in anaphylaxis, regardless 29
of whether the student: 30
(1) Has been identified as having an anaphylactic allergy, as defined in § 31
7–426.1 of this subtitle; or 32
(2) Has [a prescription for] BEEN PRESCRIBED epinephrine [as 33
prescribed] by an authorized licensed health care practitioner under the Health 34
Occupations Article. 35 SENATE BILL 180 3
(c) (1) THE DEPARTMENT , IN CONSULTATION WITH THE MARYLAND 1
DEPARTMENT OF HEALTH, THE AMERICAN LUNG ASSOCIATION, AND THE ASTHMA 2
AND ALLERGY FOUNDATION OF AMERICA, SHALL IDENTIFY OR DE VELOP TRAINING 3
TO: 4
(I) IDENTIFY THE SYMPTOMS OF ASTHMA AND RESPIR ATORY 5
DISTRESS; 6
(II) IDENTIFY THE SYMPTOMS OF ANAPHYLAXIS ; AND 7
(III) DISTINGUISH BETWEEN A NAPHYLAXIS AND ASTHM A OR 8
RESPIRATORY DISTRESS . 9
(2) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R PARAGRAPH 10
(1) OF THIS SUBSECTION S HALL BE PROVIDED TO SCHOOL NURSES AND VO LUNTARY 11
SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL NURSE AND , IN THE 12
CLINICAL JUDGMENT OF THE SCHOOL NURSE , ARE APPROPRIATE RECIPIENTS OF 13
THE TRAINING. 14
(3) THE TRAINING PROVIDED UNDER THIS SUBSECTIO N SHALL BE A 15
PAID PROFESSIONAL DE VELOPMENT TRAINING . 16
(D) The policy established under subsection (b) of this section shall include: 17
(1) [Training for school personnel on how to recognize the symptoms of 18
anaphylaxis] THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R SUBSECTION (C) OF 19
THIS SECTION; 20
(2) Procedures for the emergency administration of auto –injectable 21
epinephrine BY A SCHOOL NURSE OR DESIGNATED VOLUNTEER SCHOOL PERSONNEL ; 22
(3) The proper follow–up emergency procedures; 23
(4) A provision authorizing a school nurse to obtain and store at a public 24
school auto–injectable epinephrine to be used in an emergency situation; and 25
(5) A requirement that each public school develop and implement a method 26
for notifying the parents or guardians of students of the school’s policy under this section 27
at the beginning of each school year. 28
(E) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY 29
PROVIDE AUTO –INJECTABLE EPI NEPHRINE TO A SCHOOL NURSE OR DESIGNATED 30
VOLUNTEER SCHOOL PERSONNEL FOR USE IN ACCORDANC E WITH THIS SECTION . 31
4 SENATE BILL 180
(2) AUTO–INJECTABLE EPINEPHRI NE USED UNDER THIS S ECTION 1
MUST BE FROM A LICEN SED PHARMACY OR MANU FACTURER. 2
(3) A COUNTY BOARD OR PUBL IC SCHOOL MAY ACCEPT DONATED 3
AUTO–INJECTABLE EPINEPHRI NE FROM A LICENSED P HARMACY OR 4
MANUFACTURER . 5
(4) A COUNTY BOARD MAY APP LY FOR GRANTS TO OBT AIN FUNDING 6
FOR THE PURCHASE OF AUTO–INJECTABLE EPINEPHRI NE FROM A LICENSED 7
PHARMACY OR MANUFACT URER. 8
[(d)] (F) Except for any willful or grossly negligent act, a school nurse or other 9
school personnel who respond in good faith to the anaphylactic reaction of a child in 10
accordance with this section may not be held personally liable for any act or omission in the 11
course of responding to the reaction. 12
[(e)] (G) (1) Each public school shall submit, on the form that the Department 13
requires, a report to the Department on each incident at the school or at a related school 14
event that required the use of auto–injectable epinephrine. 15
(2) The Department shall develop and disseminate a standard form to 16
report each incident requiring the use of auto–injectable epinephrine at a public school. 17
7–426.3. 18
(a) (1) In this section the following words have the meanings indicated. 19
(2) “Anaphylaxis” means a sudden, severe, and potentially life–threatening 20
allergic reaction that occurs when an individual is exposed to an allergen. 21
(3) “Auto–injectable epinephrine” means a portable, disposable drug 22
delivery device that contains a premeasured single dose of epinephrine that is used to treat 23
anaphylaxis in an emergency situation. 24
(4) “School personnel” means individuals who are employed by a nonpublic 25
school, including part–time employees, teachers and substitute teachers employed by the 26
school for at least 7 days each school year, a school nurse, registered nurse case manager, 27
delegating nurse, and administrative staff. 28
(b) Each nonpublic school in the State may establish a policy authorizing school 29
personnel to administer auto–injectable epinephrine, if available, to a student who is 30
determined BY AN INDIVIDUAL WHO HAS UNDERGONE THE TR AINING PROVIDED 31
UNDER § 7–426.2(C) OF THIS SUBTITLE , IF AVAILABLE, to be or perceived to be in 32
anaphylaxis, regardless of whether the student: 33
SENATE BILL 180 5
(1) Has been identified as having an anaphylactic allergy, as defined in § 1
7–426.1 of this subtitle; or 2
(2) Has [a prescription for] BEEN PRESCRIBED epinephrine [as 3
prescribed] by an authorized licensed health care practitioner under the Hea lth 4
Occupations Article. 5
(c) The policy established under subsection (b) of this section shall include: 6
(1) [Training for school personnel on how to recognize the signs and 7
symptoms of anaphylaxis by a licensed health care practitioner who is authorized to 8
administer auto–injectable epinephrine and who has been trained in an established 9
protocol on how to recognize the signs and symptoms of anaphylaxis] THE TRAINING 10
IDENTIFIED OR DEVELO PED UNDER § 7–426.2(C) OF THIS SUBTITLE FOR SCHOOL 11
NURSES AND VOLUN TARY SCHOOL PERSONNE L WHO ARE DESIGNATED BY A SCHOOL 12
NURSE AND , IN THE CLINICAL JUDG MENT OF THE SCHOOL N URSE, ARE 13
APPROPRIATE RECIPIEN TS OF THE TRAINING ; 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 or other licensed health care 18
practitioner to obtain and, school personnel to store, at a nonpublic school auto–injectable 19
epinephrine to be used in an emergency situation; 20
(5) A requirement that the nonpublic school develop and implement a 21
method for notifying the parents or guardians of students of the school’s policy under this 22
section at the beginning of each school year; and 23
(6) An ongoing process for oversight and monitoring by a licensed health 24
care practitioner of the implementation of the policy established under subsection (b) of this 25
section. 26
(D) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY 27
PROVIDE AUTO –INJECTABLE EPINEPHRI NE TO A SCHOOL NURSE OR DESIGNATED 28
VOLUNTEER SCHOOL PERSONNEL FOR USE IN ACCORDANC E WITH THIS SECTION . 29
(2) AUTO–INJECTABLE EPINEPHRI NE USED UNDER THIS S ECTION 30
MUST BE FROM A LICEN SED PHARMACY OR MANU FACTURER. 31
(3) A NONPUBLIC SCHOOL MAY ACCEPT DONATED AUTO –INJECTABLE 32
EPINEPHRINE FROM A L ICENSED PHARMACY OR MANUFACTURER . 33
6 SENATE BILL 180
(4) A NONPUBLIC SCHOOL MAY APPLY FOR GRANTS TO OBTAIN 1
FUNDING FOR THE PURC HASE OF AUTO –INJECTABLE EPINEPHRI NE FROM A 2
LICENSED PHARMACY OR MANUFACTURER . 3
[(d)] (E) Except for any willful or grossly negligent act, school personnel who 4
respond in good faith to the anaphylactic reaction of a child in accordance with this section 5
may not be held personally liable for any act or omission in the course of responding to the 6
reaction. 7
7–426.6. 8
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 9
INDICATED. 10
(2) “ASTHMA” MEANS A CHRONIC LUNG DISEASE THAT INFLAME S 11
AND NARROWS AIR PASS AGES, CAUSING RECURRING PE RIODS OF WHEEZING , CHEST 12
TIGHTNESS, SHORTNESS OF BREATH , AND COUGHING . 13
(3) “BRONCHODILATOR ” MEANS MEDICATION THA T RELAXES 14
BRONCHIAL MUSCLES , RESULTING IN THE EXP ANSION OF BRONCHIAL AIR 15
PASSAGES TO PROVIDE FAST TREATMENT OF AS THMA–RELATED SYMPTOMS AND 16
SYMPTOMS OF RESPIRAT ORY DISTRESS. 17
(4) (I) “SCHOOL PERSONNEL ” MEANS INDIVIDUALS WH O ARE 18
EMPLOYED BY A PUBLIC SCHOOL, INCLUDING PART –TIME EMPLOYEES , TEACHERS 19
AND SUBSTITUTE TEACHERS EMPLOYED BY THE SCHO OL FOR AT LEAST 7 DAYS EACH 20
SCHOOL YEAR , REGISTERED NURSE CAS E MANAGERS , DELEGATING NURSES , AND 21
ADMINISTRATIVE STAFF OR, IN THE CASE OF SOME SCHOOL HEALTH STAFF , BY A 22
LOCAL HEALTH DEPARTM ENT. 23
(II) “SCHOOL PERSONNEL ” INCLUDES PART –TIME EMPLOYEES , 24
TEACHERS, SUBSTITUTE TEACHERS EMPLOYED BY THE SCHO OL FOR AT LEAST 7 25
DAYS EACH S CHOOL YEAR , REGISTERED NURSE CAS E MANAGERS , DELEGATING 26
NURSES, AND ADMINISTRATIVE S TAFF. 27
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 28
EACH COUNTY BOARD THE MARYLAND DEPARTMENT OF HEALTH, IN 29
CONSULTATION WITH CO UNTY BOARDS , SHALL ESTABLISH A PO LICY FOR PUBLIC 30
SCHOOLS WITHIN ITS JURISDICTION TO AUTHORIZE THE SCH OOL NURSE AND OTHER 31
DESIGNATED SCHOOL PERSONNEL TO ADMINISTER A BRONCHO DILATOR TO A 32
STUDENT WHO IS DETER MINED BY AN INDIVIDU AL WHO HAS UNDERGONE THE 33
TRAINING PROVIDED U NDER SUBSECTION (C) OF THIS SECTION TO HAVE ASTHMA , 34
IS BE OR, OR IS PERCEIVED TO BE , EXPERIENCING ASTHMA –RELATED SYMPTOMS, 35 SENATE BILL 180 7
OR IS PERCEIVED TO B E IN RESPIRATORY DIS TRESS, REGARDLESS OF WHETHE R THE 1
STUDENT: 2
(I) HAS BEEN DIAGNOSED WI TH ASTHMA OR REACTIV E AIRWAY 3
DISEASE; OR 4
(II) HAS BEEN PRESCRIBED A BRONCHODILATOR BY AN 5
AUTHORIZED LICENSED HEALTH CARE PRACTITI ONER UNDER THE HEALTH 6
OCCUPATIONS ARTICLE. 7
(2) NEITHER A SCHOOL NURS E NOR ANY OTHER DESIGNATED 8
SCHOOL PERSONNEL MAY ADMINISTER A BRONCHO DILATOR TO A 9
PREKINDERGARTEN STUD ENT UNLESS THE STUDE NT HAS BEEN DIAGNOSE D WITH 10
ASTHMA OR A REACTIVE AIRWAY DISEASE AND H AS A PRESCRIPTION FO R A 11
BRONCHODILATOR AS PR ESCRIBED BY THE STUD ENT’S HEALTH CARE 12
PRACTITIONER . 13
(C) (1) THE TRAINING IDENTIFI ED OR DEVELOPE D UNDER § 7–426.2(C) 14
OF THIS SUBTITLE SHA LL BE PROVIDED TO SC HOOL NURSES AND VOLU NTARY 15
SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL NURSE AND , IN THE 16
CLINICAL JUDGMENT OF THE SCHOOL NURSE , ARE APPROPRIATE RECI PIENTS OF 17
THE TRAINING. 18
(2) THE TRAINING PROVIDED UNDER THIS SUBSECTION SHALL BE A 19
PAID PROFESSIONAL DE VELOPMENT TRAINING . 20
(C) (1) THE DEPARTMENT , IN CONSULTATION WITH THE MARYLAND 21
DEPARTMENT OF HEALTH, THE AMERICAN LUNG ASSOCIATION, AND THE ASTHMA 22
AND ALLERGY FOUNDATION OF AMERICA, SHALL IDENTIFY OR DEVELOP TRAINING 23
TO: 24
(I) IDENTIFY THE SYMPTOMS OF ASTHMA AND RESPIR ATORY 25
DISTRESS; 26
(II) IDENTIFY THE SYMPTOMS OF ANAPHYLAXIS ; AND 27
(III) DISTINGUISH BETWEEN A NAPHYLAXIS AND ASTHM A OR 28
RESPIRATORY DISTRESS . 29
(2) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R PARAGRAPH 30
(1) OF THIS SUBSECTION S HALL BE PROVIDED TO SCHOOL NURSES AND VO LUNTARY 31
SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL NURSE AND , IN THE 32
CLINICAL JUDGMENT OF THE SCHOOL NURSE , ARE APPROPRIATE RECI PIENTS OF 33
THE TRAINING. 34 8 SENATE BILL 180
(3) THE TRAINING PROVIDED UNDER THIS SUBSECTIO N SHALL BE A 1
PAID PROFESSIONAL DE VELOPMENT TRAINING . 2
(D) THE POLICY ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION 3
SHALL INCLUDE : 4
(1) THE TRAINING REQUIRED UNDER SUBSECTION (C) OF THIS 5
SECTION; 6
(2) PROCEDURES FOR THE EM ERGENCY ADMINISTRATI ON OF A 7
BRONCHODILATOR BY A SCHOOL NURSE OR DESI GNATED VOLUNTEER SCHOOL 8
PERSONNEL ; 9
(3) PROCEDURES FOR RECOGN IZING AND THE NEED TO ADMINIST ER 10
A BRONCHODILATOR AND FOR ADMINISTERING A BRON CHODILATOR BASED ON THE 11
SEVERITY OF THE SYMP TOMS BEING EXPERIENC ED BY THE STUDENT ; 12
(3) (4) THE PROPER FOLLOW –UP EMERGENCY PROCEDU RES; 13
(4) (5) A PROVISION AUTHORIZING A SCHOOL NURSE TO OBTAIN 14
AND STORE AT A PUBLI C SCHOOL REQUIRING THAT BRONCHODILATORS AND MODES 15
OF DELIVERY , INCLUDING INHALERS W ITH SPACERS , BE STORED IN PUBLIC 16
SCHOOLS TO BE USED IN AN EME RGENCY SITUATION ; AND 17
(5) (6) A PROVISION AUTHORIZIN G A COUNTY BOARD TO OBTAIN A 18
STANDING ORDER FOR T HE ADMINISTRATION OF BRONCHODILATORS ; AND 19
(7) A REQUIREMENT THAT EACH PUBLIC SCHOOL D EVELOP AND 20
IMPLEMENT A METHOD F OR NOTIFYING THE PAR ENTS OR GUARDIANS OF STUDENTS 21
OF THE SCHOOL ’S POLICY UNDER THIS SECTION AT THE BEGIN NING OF EACH 22
SCHOOL YEAR . 23
(E) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY 24
PROVIDE BRONC HODILATORS TO A SCHO OL NURSE OR DESIGNAT ED VOLUNTEER 25
SCHOOL PERSONNEL FOR USE IN ACCORDANC E WITH THIS SECTION . 26
(2) BRONCHODILATORS AND M ODES OF ADMINISTRATI ON, 27
INCLUDING INHALERS W ITH SPACERS, USED BY A SCHOOL NUR SE OR ANY OTHER 28
DESIGNATED SCHOOL PERSONNEL MUST BE FR OM A LICENSED PHARMA CY OR 29
MANUFACTURER . 30
SENATE BILL 180 9
(3) A COUNTY BOARD OR PUBL IC SCHOOL MAY ACCEPT DONATED 1
BRONCHODILATORS AND MODES OF ADMINISTRAT ION, INCLUDING INHALERS W ITH 2
SPACERS, FROM A LICENSED PHAR MACY OR MANUFACTURER . 3
(4) A COUNTY BO ARD MAY APPLY FOR GR ANTS TO OBTAIN FUNDI NG 4
FOR THE PURCHASE OF BRONCHODILATORS AND MODES OF ADMINISTRAT ION, 5
INCLUDING INHALERS W ITH SPACERS. 6
(F) (1) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A 7
SCHOOL NURSE OR ANY OTHER SCHOOL PERSONN EL WHO RESPOND IN GOOD FAITH 8
TO THE ASTHMA ATTACK OR RESPIRATORY DISTR ESS OF A CHILD IN AC CORDANCE 9
WITH THIS SECTION MA Y NOT BE HELD PERSON ALLY LIABLE FOR ANY ACT OR 10
OMISSION IN THE COUR SE OF RESPONDING TO THE CHILD IN DISTRES S. 11
(2) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGENT ACT , A 12
HEALTH CARE PROVIDER WHO PRESCRIBES OR DI SPENSES A BRONCHODIL ATOR 13
USED TO TREAT A CHIL D IN ACCORDANCE WITH PARAGRAPH (1) OF THIS 14
SUBSECTION MAY NOT B E HELD PERSONALLY LI ABLE FOR ANY ACT OR OMISSION 15
THAT OCCURS IN THE C OURSE OF RESPONDING TO THE CHILD IN DISTR ESS. 16
(G) (1) (I) FOR EACH INCIDENT AT THE SCHOOL OR AT A R ELATED 17
SCHOOL EVENT THAT RE QUIRES THE USE OF A BRONCHODILATOR STOCK 18
BRONCHODILATOR IN AC CORDANCE WITH THIS S ECTION, EACH PUBLIC SCHOOL 19
SHALL: 20
1. NOTIFY THE STUDENT ’S PARENT OR LEGAL 21
GUARDIAN OF THE INCI DENT; AND 22
2. MAKE A RECORD OF THE INCIDENT, ON THE FORM 23
THAT THE DEPARTMENT REQUIRES , AND FILE THE FORM IN THE STUDENT’S SCHOOL 24
MEDICAL RECORD . 25
(II) EACH PUBLIC SCHOOL SH ALL SUBMIT TO THE 26
DEPARTMENT A REPORT , ON THE FORM AND SCHEDUL E REQUIRED BY THE 27
DEPARTMENT , ON THE NUMBER OF INC IDENTS AT THE SCHOOL OR AT A RELATED 28
SCHOOL EVENT THAT RE QUIRED THE USE OF A BRONCHODILATOR STOCK 29
BRONCHODILATOR IN AC CORDANCE WITH THIS S ECTION. 30
(2) THE DEPARTMENT SHALL DEVE LOP AND DISSEMINATE 31
STANDARD FORMS TO RE CORD EACH INCIDENT A ND REPORT INCIDENTS REQUIRING 32
THE USE OF A BRONCHO DILATOR AT A PUBLIC SCHOOL. 33
7–426.7. 34
10 SENATE BILL 180
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(2) “ASTHMA” MEANS A CHRONIC LUNG DISEASE THAT INFLAMES 3
AND NARROWS AIR PASS AGES, 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 FAS T TREATMENT OF ASTHM A–RELATED SYMPTOMS AND 8
SYMPTOMS OF RESPIRAT ORY DISTRESS. 9
(4) “SCHOOL PERSONNEL ” MEANS INDIVIDUALS WH O ARE EMPLOYED 10
BY A NONPUBLIC SCHOO L, INCLUDING PART –TIME EMPLOYEES , TEACHERS AND 11
SUBSTITUTE TEACHERS EMPLOYED BY THE SCHOOL FOR AT LE AST 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 NONPUBLIC SCHOOL IN THE STATE MAY ESTABLISH A POLICY AUTHORIZING 16
THE SCHOOL NURSE AND OTHER DESIGNATED SCHOOL PERSONNEL TO ADMINISTER 17
A BRONCHODILATOR TO A STUDENT WHO IS DET ERMINED BY AN INDIVI DUAL WHO 18
HAS UNDERGONE THE TR AINING PROVIDED UNDER § 7–426.2(C) DEVELOPED UNDER 19
§ 7–426.6(C) OF THIS SUBTITLE TO HAVE ASTHMA , IS BE OR, OR IS PERCEIVED TO 20
BE, EXPERIENCING ASTHMA–RELATED SYMPTOMS, SYMPTOMS OR IS PERCEIVED TO 21
BE IN RESPIRATORY DI STRESS, REGARDLESS OF WHETHE R THE STUDENT : 22
(I) HAS BEEN DIAGNOSED WITH ASTHMA OR REACT IVE AIRWAY 23
DISEASE; OR 24
(II) HAS BEEN PRESCRIBED A BRONCHODILATOR BY AN 25
AUTHORIZED LICENSED HEALTH CARE PRACTITI ONER UNDER THE HEALTH 26
OCCUPATIONS ARTICLE. 27
(2) A SCHOOL NURSE OR ANY OTHER DESIGNATED SCHOOL 28
PERSONNEL MAY NOT AD MINISTER A BRONCHODILATOR TO A PREKINDERGARTEN 29
STUDENT UNLESS THE S TUDENT HAS BEEN DIAG NOSED WITH ASTHMA OR A 30
REACTIVE AIRWAY DISE ASE AND HAS A PRESCR IPTION FOR A BRONCHO DILATOR AS 31
PRESCRIBED BY THE ST UDENT’S HEALTH CARE PRACTI TIONER. 32
(C) THE POLICY ESTABLISHED UNDER SU BSECTION (B) OF THIS SECTION 33
SHALL INCLUDE : 34
SENATE BILL 180 11
(1) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R § 7–426.2(C) § 1
7–426.6(C) OF THIS SUBTITLE FOR SCHOOL NURSES AND VO LUNTARY SCHOOL 2
PERSONNEL WHO ARE DE SIGNATED BY A SCHOOL NURSE AND, IN THE CLINICAL 3
JUDGMENT OF THE SCHO OL NURSE, ARE APPROPRIATE RECI PIENTS OF THE 4
TRAINING; 5
(2) PROCEDURES FOR THE EM ERGENCY ADMINISTRATI ON OF A 6
BRONCHODILATOR BY A SCHOOL NURSE OR DESI GNATED VOLUNTEER SCHOOL 7
PERSONNEL ; 8
(3) PROCEDURES FOR RECOGN IZING AND THE NEED TO ADMINISTER 9
A BRONCHODILATOR AND FOR ADMINISTERING A BRON CHODILATOR BASED ON THE 10
SEVERITY OF THE SYMP TOMS BEING EXPERIENC ED BY THE STUDENT ; 11
(3) (4) THE PROPER FOLLOW –UP EMERGENCY PROCEDU RES; 12
(4) (5) A PROVISION AUTHORIZING A SCHOOL NURSE OR ANY 13
OTHER LICENSED HEALT H CARE PRACTITIONER TO OBTAIN, AND A SCHOOL NURSE 14
OR ANY OTHER SCHOOL PERSONNEL TO STORE , AT A NONPUBLIC SCHOO L FOR USE 15
IN AN EMERGENCY SITU ATION REQUIRING THAT BRONCHODILATORS AND MODES OF 16
DELIVERY, INCLUDING INHALERS W ITH SPACERS , BE STORED IN NONPUBL IC 17
SCHOOLS TO BE USED I N AN EMERGENCY SITUA TION; 18
(5) (6) A REQUIREMENT THAT THE NONPUBLIC SCHOOL DEV ELOP 19
AND IMPLEMENT A METH OD FOR NOTIFYING THE PARENTS OR GUARDIANS OF 20
STUDENTS OF THE SCHO OL’S POLICY UNDER THIS SECTION AT THE BEGIN NING OF 21
EACH SCHOOL YEAR ; AND 22
(6) (7) A PROVISION AUTHORIZIN G A NONPUBLIC SCH OOL TO 23
OBTAIN A STANDING OR DER FOR THE ADMINIST RATION OF BRONCHODIL ATORS; AND 24
(8) AN ONGOING PROCESS FO R OVERSIGHT AND MONI TORING BY A 25
LICENSED HEALTH CARE PRACTITIONER OF THE IMPLEMENTATION OF TH E POLICY 26
ESTABLISHED UNDER SU BSECTION (B) OF THIS SECTION. 27
(D) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY 28
PROVIDE BRONCHODILAT ORS TO A SCHOOL NURS E OR DESIGNATED VOLU NTEER 29
FOR USE IN ACCORDANC E WITH THIS SECTION . 30
(2) BRONCHODILATORS AND M ODES OF ADMINISTRATI ON, 31
INCLUDING INHALERS W ITH SPACERS, USED BY A SCHOOL NUR SE OR ANY OTHER 32
DESIGNATED SCHOOL PERSONNEL MUS T BE FROM A LICENSED PHARMACY OR 33
MANUFACTURER . 34
12 SENATE BILL 180
(3) A NONPUBLIC SCHOOL MAY ACCEPT DONATED 1
BRONCHODILATORS AND MODES OF ADMINISTRAT ION, INCLUDING INHALERS W ITH 2
SPACERS, FROM A LICENSED PHARMACY OR MANUFACTURER . 3
(4) A NONPUBLIC SCHOOL MAY APPLY FOR GRANTS TO OBTAIN 4
FUNDING FOR THE PURC HASE OF BRONCHODILAT ORS AND MODES OF 5
ADMINISTRATION , INCLUDING INHALERS W ITH SPACERS. 6
(E) (1) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A 7
SCHOOL NURSE OR ANY OTHER SCHOOL PERSONN EL WHO RESPOND IN GO OD FAITH 8
TO THE ASTHMA ATTACK OR RESPIRATORY DISTR ESS OF A CHILD IN AC CORDANCE 9
WITH THIS SECTION MA Y NOT BE HELD PERSON ALLY LIABLE FOR ANY ACT OR 10
OMISSION IN THE COUR SE OF RESPONDING TO THE CHILD IN DISTRESS. 11
(2) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A 12
HEALTH CARE PROVIDER WHO PRESCRIBES OR DI SPENSES A BRONCHODIL ATOR 13
USED TO TREAT A CHIL D IN ACCORDANCE WITH PARAGRAPH (1) OF THIS 14
SUBSECTION MAY NOT B E HELD PERSONALLY LI ABLE FOR ANY ACT OR OMISSION 15
THAT OCCURS IN THE C OURSE OF RESPONDING TO THE CHILD IN DIST RESS. 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 17
1, 2024. 18
Approved:
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Governor.
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President of the Senate.
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Speaker of the House of Delegates.