Maryland 2024 Regular Session

Maryland Senate Bill SB180 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 279
2	1
3		-	– 1 –
4		-	Chapter 279
5		-	(Senate Bill 180)
6	2
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	+	sb0180
8	10
9		-	Public and Nonpublic Schools – Auto–Injectable Epinephrine and
10		-	Bronchodilators – Use, Availability, Training, and Policies
	11	+	SENATE BILL 180
	12	+	F1 (4lr1431)
	13	+	ENROLLED BILL
	14	+	— Education, Energy, and the Environment/Ways and Means —
	15	+	Introduced by Senator Hester
11	16
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, to identify or develop training for certain school
18		-	personnel to identify symptoms of anaphylaxis, asthma, and respiratory distress in
19		-	students; requiring each county board the Maryland Department of Health, in
20		-	consultation with county boards, and authorizing nonpublic schools in the State to
21		-	establish a policy to obtain, administer, and train certain school nurses and other
22		-	school personnel to administer in emergency situations bronchodilators to a student
23		-	who is determined to have asthma, is be or, or is perceived to be, experiencing
24		-	asthma–related symptoms, symptoms or is perceived to be in respiratory distress by
25		-	a school nurse or any other certain designated school personnel; and generally
26		-	relating to use and availability of auto–injectable epinephrine and bronchodilators
27		-	in public and nonpublic schools in the State.
	17	+	Read and Examined by Proofreaders:
28	18
29		-	BY repealing and reenacting, with amendments,
30		-	Article – Education
31		-	Section 7–426.2 and 7–426.3
32		-	Annotated Code of Maryland
33		-	(2022 Replacement Volume and 2023 Supplement)
	19	+	_______________________________________________
	20	+	Proofreader.
	21	+	_______________________________________________
	22	+	Proofreader.
34	23
35		-	BY adding to
36		-	Article – Education
37		-	Section 7–426.6 and 7–426.7
38		-	Annotated Code of Maryland
39		-	(2022 Replacement Volume and 2023 Supplement)
	24	+	Sealed with the Great Seal and presented to the Governor, for his approval this
40	25
41		-	SECTION 1. BE IT ENACTED BY THE GENERAL AS SEMBLY OF MARYLAND,
42		-	That the Laws of Maryland read as follows:
	26	+	_______ day of _______________ at __ ______________________ o’clock, ________M.
43	27
44		-	Article – Education
	28	+	______________________________________________
	29	+	President.
45	30
46		-	~~7–426.2.~~
	31	+	CHAPTER ______
47	32
48		-	(a) (1) In this section the following words have the meanings indicated.
49		-	Ch. 279 2024 LAWS OF MARYLAND
	33	+	AN ACT concerning 1
50	34
51		-	– 2 –
52		-	(2) “Anaphylaxis” means a sudden, severe, and potentially life–threatening
53		-	allergic reaction that occurs when an individual is exposed to an allergen.
	35	+	Public and Nonpublic Schools – Auto–Injectable Epinephrine and 2
	36	+	Bronchodilators – Use, Availability, Training, and Policies 3
54	37
55		-	(3) “Auto–injectable epinephrine” means a portable, disposable drug
56		-	delivery device that contains a premeasured single dose of epinephrine that is used to treat
57		-	anaphylaxis in an emergency situation.
	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, to identify or develop training for certain school 9
	44	+	personnel to identify symptoms of anaphylaxis, asthma, and respiratory distress in 10
	45	+	students; requiring each county board the Maryland Department of Health, in 11
	46	+	consultation with county boards, and authorizing nonpublic schools in the State to 12
	47	+	establish a policy to obtain, administer, and train certain school nurses and other 13
	48	+	school personnel to administer in emergency situations bronchodilators to a student 14
	49	+	who is determined to have asthma, is be or, or is perceived to be, experiencing 15 2 SENATE BILL 180
58	50
59		-	(b) Each county board shall establish a policy for public schools within its
60		-	jurisdiction to authorize the school nurse and other school personnel to administer
61		-	auto–injectable epinephrine, if available, to a student who is determined BY AN
62		-	INDIVIDUAL WHO HAS U NDERGONE THE TRAININ G PROVIDED UNDER SUB SECTION
63		-	(C) OF THIS SECTION, IF AVAILABLE, to be or perceived to be in anaphylaxis, regardless
64		-	of whether the student:
65	51
66		-	(1) Has been identified as having an anaphylactic allergy, as defined in §
67		-	7–426.1 of this subtitle; or
	52	+	asthma–related symptoms, symptoms or is perceived to be in respiratory distress by 1
	53	+	a school nurse or any other certain designated school personnel; and generally 2
	54	+	relating to use and availability of auto–injectable epinephrine and bronchodilators 3
	55	+	in public and nonpublic schools in the State. 4
68	56
69		-	(2) Has [a prescription for] BEEN PRESCRIBED epinephrine [as
70		-	prescribed] by an authorized licensed health care practitioner under the Health
71		-	Occupations Article.
	57	+	BY repealing and reenacting, with amendments, 5
	58	+	Article – Education 6
	59	+	Section 7–426.2 and 7–426.3 7
	60	+	Annotated Code of Maryland 8
	61	+	(2022 Replacement Volume and 2023 Supplement) 9
72	62
73		-	(c) (1) THE DEPARTMENT , IN CONSULTATION WITH THE MARYLAND
74		-	DEPARTMENT OF HEALTH, THE AMERICAN LUNG ASSOCIATION, AND THE ASTHMA
75		-	AND ALLERGY FOUNDATION OF AMERICA, SHALL IDENTIFY OR DE VELOP TRAINING
76		-	TO:
	63	+	BY adding to 10
	64	+	Article – Education 11
	65	+	Section 7–426.6 and 7–426.7 12
	66	+	Annotated Code of Maryland 13
	67	+	(2022 Replacement Volume and 2023 Supplement) 14
77	68
78		-	~~(I) IDENTIFY~~ THE ~~SYMPTOMS~~ OF ~~ASTHMA AND RESPIR ATORY~~
79		-	~~DISTRESS;~~
	69	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
	70	+	That the Laws of Maryland read as follows: 16
80	71
81		-	~~(II) IDENTIFY THE SYMPTOMS OF ANAPHYLAXIS ; AND~~
	72	+	Article – Education 17
82	73
83		-	(III) DISTINGUISH BETWEEN A NAPHYLAXIS AND ASTHM A OR
84		-	RESPIRATORY DISTRESS .
	74	+	7–426.2. 18
85	75
86		-	(2) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R PARAGRAPH
87		-	(1) OF THIS SUBSECTION S HALL BE PROVIDED TO SCHOOL NURSES AND VO LUNTARY
88		-	SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL NURSE AND , IN THE
89		-	CLINICAL JUDGMENT OF THE SCHOOL NURSE , ARE APPROPRIATE RECI PIENTS OF
90		-	THE TRAINING.
	76	+	(a) (1) In this section the following words have the meanings indicated. 19
91	77
92		-	(3) ~~THE TRAINING PROVIDED UNDER THIS SUBSECTIO N SHALL BE~~ A
93		-	~~PAID PROFESSIONAL DE VELOPMENT TRAINING~~ .
	78	+	(2) “Anaphylaxis” means a sudden, severe, and potentially life–threatening 20
	79	+	allergic reaction that occurs when an individual is exposed to an allergen. 21
94	80
95		-	(D) The policy established under subsection (b) of this section shall include: WES MOORE, Governor Ch. 279
	81	+	(3) “Auto–injectable epinephrine” means a portable, disposable drug 22
	82	+	delivery device that contains a premeasured single dose of epinephrine that is used to treat 23
	83	+	anaphylaxis in an emergency situation. 24
96	84
97		-	– 3 –
	85	+	(b) Each county board shall establish a policy for public schools within its 25
	86	+	jurisdiction to authorize the school nurse and other school personnel to administer 26
	87	+	auto–injectable epinephrine, if available, to a student who is determined BY AN 27
	88	+	INDIVIDUAL WHO HAS U NDERGONE THE TRAININ G PROVIDED UNDER SUB SECTION 28
	89	+	(C) OF THIS SECTION, IF AVAILABLE, to be or perceived to be in anaphylaxis, regardless 29
	90	+	of whether the student: 30
98	91
99		-	(1) [Training for school personnel on how to recognize the symptoms of
100		-	anaphylaxis] THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R SUBSECTION (C) OF
101		-	THIS SECTION;
	92	+	(1) Has been identified as having an anaphylactic allergy, as defined in § 31
	93	+	7–426.1 of this subtitle; or 32
102	94
103		-	(2) Procedures for the emergency administration of auto –injectable
104		-	epinephrine BY A SCHOOL NURSE OR DESIGNATED VOLUNTEER SCHOOL PERSONNEL ;
	95	+	(2) Has [a prescription for] BEEN PRESCRIBED epinephrine [as 33
	96	+	prescribed] by an authorized licensed health care practitioner under the Health 34
	97	+	Occupations Article. 35 SENATE BILL 180 3
105	98
106		-	(3) The proper follow–up emergency procedures;
107	99
108		-	(4) A provision authorizing a school nurse to obtain and store at a public
109		-	school auto–injectable epinephrine to be used in an emergency situation; and
110	100
111		-	(5) A requirement that each public school develop and implement a method
112		-	for notifying the parents or guardians of students of the school’s policy under this section
113		-	at the beginning of each school year.
	101	+	(c) (1) THE DEPARTMENT , IN CONSULTATION WITH THE MARYLAND 1
	102	+	DEPARTMENT OF HEALTH, THE AMERICAN LUNG ASSOCIATION, AND THE ASTHMA 2
	103	+	AND ALLERGY FOUNDATION OF AMERICA, SHALL IDENTIFY OR DE VELOP TRAINING 3
	104	+	TO: 4
114	105
115		-	(E) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY
116		-	PROVIDE AUTO –INJECTABLE EPINEPHRI NE TO A SCHOOL NURSE OR DESIGNATED
117		-	VOLUNTEER SCHOOL PERSONNEL FOR USE IN ACCORDANC E WITH THIS SECTION .
	106	+	(I) IDENTIFY THE SYMPTOMS OF ASTHMA AND RESPIR ATORY 5
	107	+	DISTRESS; 6
118	108
119		-	(2) AUTO–INJECTABLE EPINEPHRINE USED UND ER THIS SECTION
120		-	MUST BE FROM A LICEN SED PHARMACY OR MANU FACTURER.
	109	+	(II) IDENTIFY THE SYMPTOMS OF ANAPHYLAXIS ; AND 7
121	110
122		-	(3) A COUNTY BOARD OR PUBL IC SCHOOL MAY ACCEPT DONATED
123		-	AUTO–INJECTABLE EPINEPHRI NE FROM A LICENSED P HARMACY OR
124		-	MANUFACTURER .
	111	+	(III) DISTINGUISH BETWEEN A NAPHYLAXIS AND ASTHM A OR 8
	112	+	RESPIRATORY DISTRESS . 9
125	113
126		-	(4) A COUNTY BOARD MAY APP LY FOR GRANTS TO OBTAIN FUNDING
127		-	FOR THE PURCHASE OF AUTO–INJECTABLE EPINEPHRI NE FROM A LICENSED
128		-	PHARMACY OR MANUFACT URER.
	114	+	(2) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R PARAGRAPH 10
	115	+	(1) OF THIS SUBSECTION S HALL BE PROVIDED TO SCHOOL NURSES AND VO LUNTARY 11
	116	+	SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL NURSE AND , IN THE 12
	117	+	CLINICAL JUDGMENT OF THE SCHOOL NURSE , ARE APPROPRIATE RECIPIENTS OF 13
	118	+	THE TRAINING. 14
129	119
130		-	[(d)] (F) Except for any willful or grossly negligent act, a school nurse or other
131		-	school personnel who respond in good faith to the anaphylactic reaction of a child in
132		-	accordance with this section may not be held personally liable for any act or omission in the
133		-	course of responding to the reaction.
	120	+	(3) THE TRAINING PROVIDED UNDER THIS SUBSECTIO N SHALL BE A 15
	121	+	PAID PROFESSIONAL DE VELOPMENT TRAINING . 16
134	122
135		-	[(e)] (G) (1) Each public school shall submit, on the form that the Department
136		-	requires, a report to the Department on each incident at the school or at a related school
137		-	event that required the use of auto–injectable epinephrine.
	123	+	(D) The policy established under subsection (b) of this section shall include: 17
138	124
139		-	(2) The Department shall develop and disseminate a standard form to
140		-	report each incident requiring the use of auto–injectable epinephrine at a public school.
	125	+	(1) [Training for school personnel on how to recognize the symptoms of 18
	126	+	anaphylaxis] THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R SUBSECTION (C) OF 19
	127	+	THIS SECTION; 20
141	128
142		-	7–426.3. Ch. 279 2024 LAWS OF MARYLAND
	129	+	(2) Procedures for the emergency administration of auto –injectable 21
	130	+	epinephrine BY A SCHOOL NURSE OR DESIGNATED VOLUNTEER SCHOOL PERSONNEL ; 22
143	131
144		-	– ~~4 –~~
	132	+	(3) The proper follow–up emergency procedures; 23
145	133
146		-	(a) (1) In this section the following words have the meanings indicated.
	134	+	(4) A provision authorizing a school nurse to obtain and store at a public 24
	135	+	school auto–injectable epinephrine to be used in an emergency situation; and 25
147	136
148		-	(2) “Anaphylaxis” means a sudden, severe, and potentially life–threatening
149		-	allergic reaction that occurs when an individual is exposed to an allergen.
	137	+	(5) A requirement that each public school develop and implement a method 26
	138	+	for notifying the parents or guardians of students of the school’s policy under this section 27
	139	+	at the beginning of each school year. 28
150	140
151		-	(3) “Auto–injectable epinephrine” means a portable, disposable drug
152		-	delivery device that contains a premeasured single dose of epinephrine that is used to treat
153		-	anaphylaxis in an emergency situation.
	141	+	(E) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY 29
	142	+	PROVIDE AUTO –INJECTABLE EPI NEPHRINE TO A SCHOOL NURSE OR DESIGNATED 30
	143	+	VOLUNTEER SCHOOL PERSONNEL FOR USE IN ACCORDANC E WITH THIS SECTION . 31
	144	+	4 SENATE BILL 180
154	145
155		-	(4) “School personnel” means individuals who are employed by a nonpublic
156		-	school, including part–time employees, teachers and substitute teachers employed by the
157		-	school for at least 7 days each school year, a school nurse, registered nurse case manager,
158		-	delegating nurse, and administrative staff.
159	146
160		-	(b) Each nonpublic school in the State may establish a policy authorizing school
161		-	personnel to administer auto–injectable epinephrine, if available, to a student who is
162		-	determined BY AN INDIVIDUAL WHO HAS UNDERGONE THE TR AINING PROVIDED
163		-	UNDER § 7–426.2(C) OF THIS SUBTITLE , IF AVAILABLE, to be or perceived to be in
164		-	anaphylaxis, regardless of whether the student:
	147	+	(2) AUTO–INJECTABLE EPINEPHRI NE USED UNDER THIS S ECTION 1
	148	+	MUST BE FROM A LICEN SED PHARMACY OR MANU FACTURER. 2
165	149
166		-	(1) Has been identified as having an anaphylactic allergy, as defined in §
167		-	7–426.1 of this subtitle; or
	150	+	(3) A COUNTY BOARD OR PUBL IC SCHOOL MAY ACCEPT DONATED 3
	151	+	AUTO–INJECTABLE EPINEPHRI NE FROM A LICENSED P HARMACY OR 4
	152	+	MANUFACTURER . 5
168	153
169		-	(2) ~~Has [~~a ~~prescription~~ for~~] BEEN PRESCRIBED epinephrine [as~~
170		-	~~prescribed] by an authorized~~ licensed ~~health care practitioner under the Health~~
171		-	~~Occupations Article~~.
	154	+	(4) A COUNTY BOARD MAY APP LY FOR GRANTS TO OBT AIN FUNDING 6
	155	+	FOR THE PURCHASE OF AUTO–INJECTABLE EPINEPHRI NE FROM A LICENSED 7
	156	+	PHARMACY OR MANUFACT URER. 8
172	157
173		-	(c) The policy established under subsection (b) of this section shall include:
	158	+	[(d)] (F) Except for any willful or grossly negligent act, a school nurse or other 9
	159	+	school personnel who respond in good faith to the anaphylactic reaction of a child in 10
	160	+	accordance with this section may not be held personally liable for any act or omission in the 11
	161	+	course of responding to the reaction. 12
174	162
175		-	(1) [Training for school personnel on how to recognize the signs and
176		-	symptoms of anaphylaxis by a licensed health care practitioner who is authorized to
177		-	administer auto–injectable epinephrine and who has been trained in an established
178		-	protocol on how to recognize the signs and symptoms of anaphylaxis] THE TRAINING
179		-	IDENTIFIED OR DEVELO PED UNDER § 7–426.2(C) OF THIS SUBTITLE FOR SCHOOL
180		-	NURSES AND VOLUNTARY SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL
181		-	NURSE AND , IN THE CLINICAL JUDG MENT OF THE SCHOOL N URSE, ARE
182		-	APPROPRIATE RECI PIENTS OF THE TRAINI NG;
	163	+	[(e)] (G) (1) Each public school shall submit, on the form that the Department 13
	164	+	requires, a report to the Department on each incident at the school or at a related school 14
	165	+	event that required the use of auto–injectable epinephrine. 15
183	166
184		-	(2) ~~Procedures for~~ the ~~emergency administration of auto –injectable~~
185		-	epinephrine BY A ~~SCHOOL NURSE OR DESIGNATED VOLUNTEER~~ SCHOOL ~~PERSONNEL ;~~
	167	+	(2) The Department shall develop and disseminate a standard form to 16
	168	+	report each incident requiring the use of auto–injectable epinephrine at a public school. 17
186	169
187		-	(3) The proper follow–up emergency procedures;
188		-	WES MOORE, Governor Ch. 279
	170	+	7–426.3. 18
189	171
190		-	– 5 –
191		-	(4) A provision authorizing a school nurse or other licensed health care
192		-	practitioner to obtain and, school personnel to store, at a nonpublic school auto–injectable
193		-	epinephrine to be used in an emergency situation;
	172	+	(a) (1) In this section the following words have the meanings indicated. 19
194	173
195		-	(5) A requirement that the nonpublic school develop and implement a
196		-	method for notifying the parents or guardians of students of the school’s policy under this
197		-	section at the beginning of each school year; and
	174	+	(2) “Anaphylaxis” means a sudden, severe, and potentially life–threatening 20
	175	+	allergic reaction that occurs when an individual is exposed to an allergen. 21
198	176
199		-	(6) ~~An ongoing process for oversight and monitoring by~~ a ~~licensed health~~
200		-	~~care practitioner~~ of ~~the implementation of the policy established under subsection (b) of this~~
201		-	~~section~~.
	177	+	(3) “Auto–injectable epinephrine” means a portable, disposable drug 22
	178	+	delivery device that contains a premeasured single dose of epinephrine that is used to treat 23
	179	+	anaphylaxis in an emergency situation. 24
202	180
203		-	(D) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY
204		-	PROVIDE AUTO –INJECTABLE EPINEPHRI NE TO A SCHOOL NURSE OR DESIGNATED
205		-	VOLUNTEER SCHOOL PERSONNEL FOR USE IN ACCORDANC E WITH THIS SECTION.
	181	+	(4) “School personnel” means individuals who are employed by a nonpublic 25
	182	+	school, including part–time employees, teachers and substitute teachers employed by the 26
	183	+	school for at least 7 days each school year, a school nurse, registered nurse case manager, 27
	184	+	delegating nurse, and administrative staff. 28
206	185
207		-	(2) AUTO–INJECTABLE EPINEPHRI NE USED UNDER THIS S ECTION
208		-	MUST BE FROM A LICEN SED PHARMACY OR MANU FACTURER.
	186	+	(b) Each nonpublic school in the State may establish a policy authorizing school 29
	187	+	personnel to administer auto–injectable epinephrine, if available, to a student who is 30
	188	+	determined BY AN INDIVIDUAL WHO HAS UNDERGONE THE TR AINING PROVIDED 31
	189	+	UNDER § 7–426.2(C) OF THIS SUBTITLE , IF AVAILABLE, to be or perceived to be in 32
	190	+	anaphylaxis, regardless of whether the student: 33
	191	+	SENATE BILL 180 5
209	192
210		-	(3) A NONPUBLIC SCHOOL MAY ACCEPT DONATED AUTO –INJECTABLE
211		-	EPINEPHRINE FROM A L ICENSED PHARMACY OR MANUFACTURER .
212	193
213		-	(4) A NONPUBLIC SCHO OL MAY APPLY FOR GRA NTS TO OBTAIN
214		-	FUNDING FOR THE PURC HASE OF AUTO –INJECTABLE EPINEPHRI NE FROM A
215		-	LICENSED PHARMACY OR MANUFACTURER .
	194	+	(1) Has been identified as having an anaphylactic allergy, as defined in § 1
	195	+	7–426.1 of this subtitle; or 2
216	196
217		-	[(d)] (E) Except for any willful or grossly negligent act, school personnel who
218		-	respond in good faith to the anaphylactic reaction of a child in accordance with this section
219		-	may not be held personally liable for any act or omission in the course of responding to the
220		-	reaction.
	197	+	(2) Has [a prescription for] BEEN PRESCRIBED epinephrine [as 3
	198	+	prescribed] by an authorized licensed health care practitioner under the Hea lth 4
	199	+	Occupations Article. 5
221	200
222		-	~~7–426.~~6.
	201	+	(c) The policy established under subsection (b) of this section shall include: 6
223	202
224		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
225		-	INDICATED.
	203	+	(1) [Training for school personnel on how to recognize the signs and 7
	204	+	symptoms of anaphylaxis by a licensed health care practitioner who is authorized to 8
	205	+	administer auto–injectable epinephrine and who has been trained in an established 9
	206	+	protocol on how to recognize the signs and symptoms of anaphylaxis] THE TRAINING 10
	207	+	IDENTIFIED OR DEVELO PED UNDER § 7–426.2(C) OF THIS SUBTITLE FOR SCHOOL 11
	208	+	NURSES AND VOLUN TARY SCHOOL PERSONNE L WHO ARE DESIGNATED BY A SCHOOL 12
	209	+	NURSE AND , IN THE CLINICAL JUDG MENT OF THE SCHOOL N URSE, ARE 13
	210	+	APPROPRIATE RECIPIEN TS OF THE TRAINING ; 14
226	211
227		-	(2) “ASTHMA” MEANS A CHRONIC LUNG DISEASE THAT INFLAME S
228		-	AND NARROWS AIR PASS AGES, CAUSING RECURRING PE RIODS OF WHEEZING , CHEST
229		-	TIGHTNESS, SHORTNESS OF BREATH , AND COUGHING .
	212	+	(2) Procedures for the emergency administration of auto –injectable 15
	213	+	epinephrine BY A SCHOOL NURSE OR DESIGNATED VOLUNTEER SCHOOL PERSONNEL ; 16
230	214
231		-	(3) “BRONCHODILATOR ” MEANS MEDICATION THA T RELAXES
232		-	BRONCHIAL MUSCLES , RESULTING IN THE EXP ANSION OF BRONCHIAL AIR
233		-	PASSAGES TO PROVIDE FAST TREATMENT OF AS THMA–RELATED SYMPTOMS AND
234		-	SYMPTOMS OF RESPIRAT ORY DISTRESS.
235		-	Ch. 279 2024 LAWS OF MARYLAND
	215	+	(3) The proper follow–up emergency procedures; 17
236	216
237		-	– 6 –
238		-	(4) (I) “SCHOOL PERSONNEL ” MEANS INDIVIDUALS WH O ARE
239		-	EMPLOYED BY A PUBLIC SCHOOL, INCLUDING PART –TIME EMPLOYEES , TEACHERS
240		-	AND SUBSTITUTE TEACHERS EMPLOYED BY THE SCHO OL FOR AT LEAST 7 DAYS EACH
241		-	SCHOOL YEAR , REGISTERED NURSE CAS E MANAGERS , DELEGATING NURSES , AND
242		-	ADMINISTRATIVE STAFF OR, IN THE CASE OF SOME SCHOOL HEALTH STAFF , BY A
243		-	LOCAL HEALTH DEPARTM ENT.
	217	+	(4) A provision authorizing a school nurse or other licensed health care 18
	218	+	practitioner to obtain and, school personnel to store, at a nonpublic school auto–injectable 19
	219	+	epinephrine to be used in an emergency situation; 20
244	220
245		-	(II) “SCHOOL PERSONN EL” INCLUDES PART –TIME EMPLOYEES ,
246		-	TEACHERS, SUBSTITUTE TEACHERS EMPLOYED BY THE SCHO OL FOR AT LEAST 7
247		-	DAYS EACH SCHOOL YEA R, REGISTERED NURSE CAS E MANAGERS , DELEGATING
248		-	NURSES, AND ADMINISTRATIVE S TAFF.
	221	+	(5) A requirement that the nonpublic school develop and implement a 21
	222	+	method for notifying the parents or guardians of students of the school’s policy under this 22
	223	+	section at the beginning of each school year; and 23
249	224
250		-	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION,
251		-	EACH COUNTY BOARD THE MARYLAND DEPARTMENT OF HEALTH, IN
252		-	CONSULTATION WITH CO UNTY BOARDS , SHALL ESTABLISH A PO LICY FOR PUBLIC
253		-	SCHOOLS WITHIN ITS JURISDICTION TO AUTHORIZE THE SCH OOL NURSE AND OTHER
254		-	DESIGNATED SCHOOL PERSONNEL TO ADMINISTER A BRO NCHODILATOR TO A
255		-	STUDENT WHO IS DETER MINED BY AN INDIVIDU AL WHO HAS UNDERGONE THE
256		-	TRAINING PROVIDED UN DER SUBSECTION (C) OF THIS SECTION TO HAVE ASTHMA ,
257		-	IS BE OR, OR IS PERCEIVED TO BE , EXPERIENCING ASTHMA –RELATED SYMPTOMS,
258		-	OR IS PERCEIVED TO B E IN RESPIRATORY DISTRESS , REGARDLESS OF WHETHE R THE
259		-	STUDENT:
	225	+	(6) An ongoing process for oversight and monitoring by a licensed health 24
	226	+	care practitioner of the implementation of the policy established under subsection (b) of this 25
	227	+	section. 26
260	228
261		-	(I) HAS BEEN DIAGNOSED WI TH ASTHMA OR REACTIV E AIRWAY
262		-	DISEASE; OR
	229	+	(D) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY 27
	230	+	PROVIDE AUTO –INJECTABLE EPINEPHRI NE TO A SCHOOL NURSE OR DESIGNATED 28
	231	+	VOLUNTEER SCHOOL PERSONNEL FOR USE IN ACCORDANC E WITH THIS SECTION . 29
263	232
264		-	(II) HAS BEEN PRESCRIBED A BRONCHODILATOR BY AN
265		-	AUTHORIZED LICENSED HEALTH CARE PRACTITI ONER UNDER THE HEALTH
266		-	OCCUPATIONS ARTICLE.
	233	+	(2) AUTO–INJECTABLE EPINEPHRI NE USED UNDER THIS S ECTION 30
	234	+	MUST BE FROM A LICEN SED PHARMACY OR MANU FACTURER. 31
267	235
268		-	(2) NEITHER A SCHOOL NURS E NOR ANY OTHER DESIGNATED
269		-	SCHOOL PERSONNEL MAY ADMINISTER A BRONCHO DILATOR TO A
270		-	PREKINDERGARTEN STUD ENT UNLESS THE STUDE NT HAS BEEN DIAGNOSE D WITH
271		-	ASTHMA OR A REACTIVE AIRWAY DISEASE AND H AS A PRESCRIPTION FO R A
272		-	BRONCHODI LATOR AS PRESCRIBED BY THE STUDENT ’S HEALTH CARE
273		-	PRACTITIONER .
	236	+	(3) A NONPUBLIC SCHOOL MAY ACCEPT DONATED AUTO –INJECTABLE 32
	237	+	EPINEPHRINE FROM A L ICENSED PHARMACY OR MANUFACTURER . 33
	238	+	6 SENATE BILL 180
274	239
275		-	(C) (1) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R § 7–426.2(C)
276		-	OF THIS SUBTITLE SHA LL BE PROVIDED TO SC HOOL NURSES AND VOLU NTARY
277		-	SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL NURSE AND , IN THE
278		-	CLINICAL JUDGMENT OF THE SCHOOL NURSE , ARE APPROPRIATE RECI PIENTS OF
279		-	THE TRAINING.
280		-	WES MOORE, Governor Ch. 279
281	240
282		-	~~– 7 –~~
283		-	~~(2)~~ THE ~~TRAINING PROVIDED UNDER THIS SUBSECTIO N SHALL BE~~ A
284		-	~~PAID PROFESSIONAL DE VELOPMENT TRAINING~~ .
	241	+	(4) A NONPUBLIC SCHOOL MAY APPLY FOR GRANTS TO OBTAIN 1
	242	+	FUNDING FOR THE PURC HASE OF AUTO –INJECTABLE EPINEPHRI NE FROM A 2
	243	+	LICENSED PHARMACY OR MANUFACTURER . 3
285	244
286		-	(C) ~~(1) THE DEPARTMENT~~ , ~~IN CONSULTATION WITH THE MARYLAND~~
287		-	~~DEPARTMENT~~ OF ~~HEALTH, THE AMERICAN LUNG ASSOCIATION,~~ ~~AND THE ASTHMA~~
288		-	~~AND ALLERGY FOUNDATION~~ OF ~~AMERICA, SHALL IDENTIFY OR DE VELOP TRAINING~~
289		-	~~TO:~~
	245	+	[(d)] (E) Except for any willful or grossly negligent act, school personnel who 4
	246	+	respond in good faith to the anaphylactic reaction of a child in accordance with this section 5
	247	+	may not be held personally liable for any act or omission in the course of responding to the 6
	248	+	reaction. 7
290	249
291		-	(I) IDENTIFY THE SYMPTOMS OF ASTHMA AND RESPIR ATORY
292		-	DISTRESS;
	250	+	7–426.6. 8
293	251
294		-	(II) IDENTIFY THE SYMPTOMS OF ANAPHYLAXIS ; AND
	252	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 9
	253	+	INDICATED. 10
295	254
296		-	(III) DISTINGUISH BETWEEN A NAPHYLAXIS AND ASTHM A OR
297		-	RESPIRATORY DISTRESS .
	255	+	(2) “ASTHMA” MEANS A CHRONIC LUNG DISEASE THAT INFLAME S 11
	256	+	AND NARROWS AIR PASS AGES, CAUSING RECURRING PE RIODS OF WHEEZING , CHEST 12
	257	+	TIGHTNESS, SHORTNESS OF BREATH , AND COUGHING . 13
298	258
299		-	(2) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R PARAGRAPH
300		-	(1) OF THIS SUBSECTION S HALL BE PROVIDED TO SCHOOL NURSES AND VO LUNTARY
301		-	SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL NURSE AND , IN THE
302		-	CLINICAL JUDGMENT OF THE SCHOOL NURSE , ARE APPROPRIATE RECI PIENTS OF
303		-	THE TRAINING.
	259	+	(3) “BRONCHODILATOR ” MEANS MEDICATION THA T RELAXES 14
	260	+	BRONCHIAL MUSCLES , RESULTING IN THE EXP ANSION OF BRONCHIAL AIR 15
	261	+	PASSAGES TO PROVIDE FAST TREATMENT OF AS THMA–RELATED SYMPTOMS AND 16
	262	+	SYMPTOMS OF RESPIRAT ORY DISTRESS. 17
304	263
305		-	(3) THE TRAINING PROVIDED UNDER THIS SUBSECTIO N SHALL BE A
306		-	PAID PROFESSIONAL DE VELOPMENT TRAINING .
	264	+	(4) (I) “SCHOOL PERSONNEL ” MEANS INDIVIDUALS WH O ARE 18
	265	+	EMPLOYED BY A PUBLIC SCHOOL, INCLUDING PART –TIME EMPLOYEES , TEACHERS 19
	266	+	AND SUBSTITUTE TEACHERS EMPLOYED BY THE SCHO OL FOR AT LEAST 7 DAYS EACH 20
	267	+	SCHOOL YEAR , REGISTERED NURSE CAS E MANAGERS , DELEGATING NURSES , AND 21
	268	+	ADMINISTRATIVE STAFF OR, IN THE CASE OF SOME SCHOOL HEALTH STAFF , BY A 22
	269	+	LOCAL HEALTH DEPARTM ENT. 23
307	270
308		-	(D) THE POLICY ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION
309		-	SHALL INCLUDE :
	271	+	(II) “SCHOOL PERSONNEL ” INCLUDES PART –TIME EMPLOYEES , 24
	272	+	TEACHERS, SUBSTITUTE TEACHERS EMPLOYED BY THE SCHO OL FOR AT LEAST 7 25
	273	+	DAYS EACH S CHOOL YEAR , REGISTERED NURSE CAS E MANAGERS , DELEGATING 26
	274	+	NURSES, AND ADMINISTRATIVE S TAFF. 27
310	275
311		-	(1) THE TRAINING REQUIRED UNDER SUBSECTION (C) OF THIS
312		-	SECTION;
	276	+	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 28
	277	+	EACH COUNTY BOARD THE MARYLAND DEPARTMENT OF HEALTH, IN 29
	278	+	CONSULTATION WITH CO UNTY BOARDS , SHALL ESTABLISH A PO LICY FOR PUBLIC 30
	279	+	SCHOOLS WITHIN ITS JURISDICTION TO AUTHORIZE THE SCH OOL NURSE AND OTHER 31
	280	+	DESIGNATED SCHOOL PERSONNEL TO ADMINISTER A BRONCHO DILATOR TO A 32
	281	+	STUDENT WHO IS DETER MINED BY AN INDIVIDU AL WHO HAS UNDERGONE THE 33
	282	+	TRAINING PROVIDED U NDER SUBSECTION (C) OF THIS SECTION TO HAVE ASTHMA , 34
	283	+	IS BE OR, OR IS PERCEIVED TO BE , EXPERIENCING ASTHMA –RELATED SYMPTOMS, 35 SENATE BILL 180 7
313	284
314		-	(2) PROCEDURES FOR THE EM ERGENCY ADMINISTRATI ON OF A
315		-	BRONCHODILATOR BY A SCHOOL NURSE OR DESI GNATED VOLUNTEER SCHOOL
316		-	PERSONNEL ;
317	285
318		-	(3) PROCEDURES FOR R ECOGNIZING AND THE NEED TO ADMINIST ER
319		-	A BRONCHODILATOR AND FOR ADMINISTERING A BRON CHODILATOR BASED ON THE
320		-	SEVERITY OF THE SYMP TOMS BEING EXPERIENC ED BY THE STUDENT ;
	286	+	OR IS PERCEIVED TO B E IN RESPIRATORY DIS TRESS, REGARDLESS OF WHETHE R THE 1
	287	+	STUDENT: 2
321	288
322		-	(3) (4) THE PROPER FOLLOW –UP EMERGENCY PROCEDU RES;
	289	+	(I) HAS BEEN DIAGNOSED WI TH ASTHMA OR REACTIV E AIRWAY 3
	290	+	DISEASE; OR 4
323	291
324		-	(4) (5) A PROVISION AUTHORIZING A SCHOOL NURSE TO OB TAIN
325		-	AND STORE AT A PUBLI C SCHOOL REQUIRING THAT BRONCHODILATORS AND MODES Ch. 279 2024 LAWS OF MARYLAND
	292	+	(II) HAS BEEN PRESCRIBED A BRONCHODILATOR BY AN 5
	293	+	AUTHORIZED LICENSED HEALTH CARE PRACTITI ONER UNDER THE HEALTH 6
	294	+	OCCUPATIONS ARTICLE. 7
326	295
327		-	– 8 –
328		-	OF DELIVERY , INCLUDING INHALERS W ITH SPACERS , BE STORED IN PUBLIC
329		-	SCHOOLS TO BE USED IN AN EME RGENCY SITUATION ; AND
	296	+	(2) NEITHER A SCHOOL NURS E NOR ANY OTHER DESIGNATED 8
	297	+	SCHOOL PERSONNEL MAY ADMINISTER A BRONCHO DILATOR TO A 9
	298	+	PREKINDERGARTEN STUD ENT UNLESS THE STUDE NT HAS BEEN DIAGNOSE D WITH 10
	299	+	ASTHMA OR A REACTIVE AIRWAY DISEASE AND H AS A PRESCRIPTION FO R A 11
	300	+	BRONCHODILATOR AS PR ESCRIBED BY THE STUD ENT’S HEALTH CARE 12
	301	+	PRACTITIONER . 13
330	302
331		-	(5) (6) A PROVISION AUTHORIZIN G A COUNTY BOARD TO OBTAIN A
332		-	STANDING ORDER FOR T HE ADMINISTRATION OF BRONCHODILATORS ; AND
	303	+	(C) (1) THE TRAINING IDENTIFI ED OR DEVELOPE D UNDER § 7–426.2(C) 14
	304	+	OF THIS SUBTITLE SHA LL BE PROVIDED TO SC HOOL NURSES AND VOLU NTARY 15
	305	+	SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL NURSE AND , IN THE 16
	306	+	CLINICAL JUDGMENT OF THE SCHOOL NURSE , ARE APPROPRIATE RECI PIENTS OF 17
	307	+	THE TRAINING. 18
333	308
334		-	(7) A REQUIREMENT THAT EAC H PUBLIC SCHOOL DEVE LOP AND
335		-	IMPLEMENT A METHOD F OR NOTIFYING THE PAR ENTS OR GUARDIANS OF STUDENTS
336		-	OF THE SCHOOL ’S POLICY UNDER THIS SECTION AT THE BEGINNING OF EACH
337		-	SCHOOL YEAR .
	309	+	(2) THE TRAINING PROVIDED UNDER THIS SUBSECTION SHALL BE A 19
	310	+	PAID PROFESSIONAL DE VELOPMENT TRAINING . 20
338	311
339		-	(E) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY
340		-	PROVIDE BRONCHODILAT ORS TO A SCHOOL NURS E OR DESIGNATED VOLUNTEER
341		-	SCHOOL PERSONNEL FOR USE IN ACCORDANC E WITH THIS SECTION .
	312	+	(C) (1) THE DEPARTMENT , IN CONSULTATION WITH THE MARYLAND 21
	313	+	DEPARTMENT OF HEALTH, THE AMERICAN LUNG ASSOCIATION, AND THE ASTHMA 22
	314	+	AND ALLERGY FOUNDATION OF AMERICA, SHALL IDENTIFY OR DEVELOP TRAINING 23
	315	+	TO: 24
342	316
343		-	(2) BRONCHODILATORS AND M ODES OF ADMINISTRATI ON,
344		-	INCLUDING INHALERS W ITH SPACERS, USED BY A SCHOOL NUR SE OR ANY OTHER
345		-	DESIGNATED SCHOOL PERSONNEL MUS T BE FROM A LICENSED PHARMACY OR
346		-	MANUFACTURER .
	317	+	(I) IDENTIFY THE SYMPTOMS OF ASTHMA AND RESPIR ATORY 25
	318	+	DISTRESS; 26
347	319
348		-	(3) A COUNTY BOARD OR PUBL IC SCHOOL MAY ACCEPT DONATED
349		-	BRONCHODILATORS AND MODES OF ADMINISTRATION , INCLUDING INHALERS W ITH
350		-	SPACERS, FROM A LICENSED PHAR MACY OR MANUFACTURER .
	320	+	(II) IDENTIFY THE SYMPTOMS OF ANAPHYLAXIS ; AND 27
351	321
352		-	(4) A COUNTY BOARD MAY APP LY FOR GRANTS TO OBT AIN FUNDING
353		-	FOR THE PURCHASE OF BRONCHODILATORS AND MODES OF ADMINISTRAT ION,
354		-	INCLUDING INHALE RS WITH SPACERS .
	322	+	(III) DISTINGUISH BETWEEN A NAPHYLAXIS AND ASTHM A OR 28
	323	+	RESPIRATORY DISTRESS . 29
355	324
356		-	(F) ~~(1) EXCEPT FOR ANY WILLFU L~~ OR ~~GROSSLY NEGLIGE NT ACT,~~ A
357		-	~~SCHOOL NURSE OR ANY OTHER~~ SCHOOL ~~PERSONN EL WHO RESPOND IN GO OD FAITH~~
358		-	TO THE ~~ASTHMA ATTACK OR RESPIRATORY DISTR ESS OF A CHILD IN AC CORDANCE~~
359		-	~~WITH THIS SECTION MA Y NOT BE HELD PERSONALLY LIABLE FO R ANY ACT OR~~
360		-	~~OMISSION IN~~ THE ~~COUR SE OF RESPONDING TO THE CHILD IN DISTRES S~~.
	325	+	(2) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R PARAGRAPH 30
	326	+	(1) OF THIS SUBSECTION S HALL BE PROVIDED TO SCHOOL NURSES AND VO LUNTARY 31
	327	+	SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL NURSE AND , IN THE 32
	328	+	CLINICAL JUDGMENT OF THE SCHOOL NURSE , ARE APPROPRIATE RECI PIENTS OF 33
	329	+	THE TRAINING. 34 8 SENATE BILL 180
361	330
362		-	(2) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A
363		-	HEALTH CARE PROVIDER WHO PRESCRIBES OR DI SPENSES A BRONCHODIL ATOR
364		-	USED TO TREAT A CHIL D IN ACCORDANCE WITH PARAGRAPH (1) OF THIS
365		-	SUBSECTION MAY NOT B E HELD PERSONALLY LI ABLE FOR ANY ACT OR OMISSION
366		-	THAT OCCURS IN THE C OURSE OF RESPONDING TO THE CHILD IN DIST RESS.
367	331
368		-	(G) (1) (I) FOR EACH INCIDENT AT THE SCHOOL OR AT A R ELATED
369		-	SCHOOL EVENT THAT RE QUIRES THE USE OF A BRONCHODILATOR STOCK WES MOORE, Governor Ch. 279
370	332
371		-	– 9 –
372		-	BRONCHODILATOR IN AC CORDANCE WITH THIS S ECTION, EACH PUBLIC SCHOOL
373		-	SHALL:
	333	+	(3) THE TRAINING PROVIDED UNDER THIS SUBSECTIO N SHALL BE A 1
	334	+	PAID PROFESSIONAL DE VELOPMENT TRAINING . 2
374	335
375		-	~~1. NOTIFY~~ THE ~~STUDENT ’S~~ ~~PARENT OR LEGAL~~
376		-	~~GUARDIAN OF THE INCI DENT; AND~~
	336	+	(D) THE POLICY ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION 3
	337	+	SHALL INCLUDE : 4
377	338
378		-	2. MAKE A RECORD OF THE INCIDENT, ON THE FORM
379		-	THAT THE DEPARTMENT REQUIRES, AND FILE THE FORM IN THE STUDENT’S SCHOOL
380		-	MEDICAL RECORD .
	339	+	(1) THE TRAINING REQUIRED UNDER SUBSECTION (C) OF THIS 5
	340	+	SECTION; 6
381	341
382		-	(II) EACH PUBLIC SCHOOL SH ALL SUBMIT TO THE
383		-	DEPARTMENT A REPORT , ON THE FORM AND SCHE DULE REQUIRED BY THE
384		-	DEPARTMENT , ON THE NUMBER OF INC IDENTS AT THE SCHOOL OR AT A RELATED
385		-	SCHOOL EV ENT THAT REQUIRED TH E USE OF A BRONCHODILATOR STOCK
386		-	BRONCHODILATOR IN AC CORDANCE WITH THIS S ECTION.
	342	+	(2) PROCEDURES FOR THE EM ERGENCY ADMINISTRATI ON OF A 7
	343	+	BRONCHODILATOR BY A SCHOOL NURSE OR DESI GNATED VOLUNTEER SCHOOL 8
	344	+	PERSONNEL ; 9
387	345
388		-	(2) THE ~~DEPARTMENT SHALL DEVE LOP AND DISSEMINATE~~
389		-	~~STANDARD FORMS TO RE CORD EACH INCIDENT~~ A ~~ND REPORT INCIDENTS REQUIRING~~
390		-	~~THE USE~~ OF ~~A BRONCHO DILATOR AT A PUBLIC SCHOOL .~~
	346	+	(3) PROCEDURES FOR RECOGN IZING AND THE NEED TO ADMINIST ER 10
	347	+	A BRONCHODILATOR AND FOR ADMINISTERING A BRON CHODILATOR BASED ON THE 11
	348	+	SEVERITY OF THE SYMP TOMS BEING EXPERIENC ED BY THE STUDENT ; 12
391	349
392		-	7–~~426.7.~~
	350	+	(3) (4) THE PROPER FOLLOW –UP EMERGENCY PROCEDU RES; 13
393	351
394		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
395		-	INDICATED.
	352	+	(4) (5) A PROVISION AUTHORIZING A SCHOOL NURSE TO OBTAIN 14
	353	+	AND STORE AT A PUBLI C SCHOOL REQUIRING THAT BRONCHODILATORS AND MODES 15
	354	+	OF DELIVERY , INCLUDING INHALERS W ITH SPACERS , BE STORED IN PUBLIC 16
	355	+	SCHOOLS TO BE USED IN AN EME RGENCY SITUATION ; AND 17
396	356
397		-	(2) “ASTHMA” MEANS A CHRONIC LUNG DISEASE THAT INFLAME S
398		-	AND NARROWS AIR PASS AGES, CAUSING RECURRING PE RIODS OF WHEEZING , CHEST
399		-	TIGHTNESS, SHORTNESS OF BRE ATH, AND COUGHING .
	357	+	(5) (6) A PROVISION AUTHORIZIN G A COUNTY BOARD TO OBTAIN A 18
	358	+	STANDING ORDER FOR T HE ADMINISTRATION OF BRONCHODILATORS ; AND 19
400	359
401		-	(3) ~~“BRONCHODILATOR ” MEANS MEDICATION THA T RELAXES~~
402		-	~~BRONCHIAL MUSCLES , RESULTING IN~~ THE ~~EXP ANSION~~ OF ~~BRONCHIAL AIR~~
403		-	~~PASSAGES TO PROVIDE FAST TREATMENT~~ OF ~~AS THMA–RELATED SYMPTOMS AND~~
404		-	~~SYMPTOMS OF RESPIRAT ORY DISTRESS~~.
	360	+	(7) A REQUIREMENT THAT EACH PUBLIC SCHOOL D EVELOP AND 20
	361	+	IMPLEMENT A METHOD F OR NOTIFYING THE PAR ENTS OR GUARDIANS OF STUDENTS 21
	362	+	OF THE SCHOOL ’S POLICY UNDER THIS SECTION AT THE BEGIN NING OF EACH 22
	363	+	SCHOOL YEAR . 23
405	364
406		-	(4) “SCHOOL PERSONNEL ” MEANS INDIVIDUALS WH O ARE EMPLOYED
407		-	BY A NONPUBLIC SCHOO L, INCLUDING PART –TIME EMPLOYEES , TEACHERS AND
408		-	SUBSTITUTE TEACHERS EMPLOYED BY THE SCHO OL FOR AT LEAST 7 DAYS EACH
409		-	SCHOOL YEAR , REGISTERED NURSE CAS E MANAGERS , DELEGATING NURSES , AND
410		-	ADMINISTRATIVE STAFF.
	365	+	(E) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY 24
	366	+	PROVIDE BRONC HODILATORS TO A SCHO OL NURSE OR DESIGNAT ED VOLUNTEER 25
	367	+	SCHOOL PERSONNEL FOR USE IN ACCORDANC E WITH THIS SECTION . 26
411	368
412		-	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
413		-	EACH NONPUBLIC SCHOOL IN THE STATE MAY ESTABLISH A POLICY AUTHORIZING
414		-	THE SCHOOL NURSE AND OTHER DESIGNATED SCHOOL PERSONNEL TO ADMINISTER
415		-	A BRONCHODILATOR TO A STUDENT WHO IS DET ERMINED BY AN INDIVI DUAL WHO Ch. 279 2024 LAWS OF MARYLAND
	369	+	(2) BRONCHODILATORS AND M ODES OF ADMINISTRATI ON, 27
	370	+	INCLUDING INHALERS W ITH SPACERS, USED BY A SCHOOL NUR SE OR ANY OTHER 28
	371	+	DESIGNATED SCHOOL PERSONNEL MUST BE FR OM A LICENSED PHARMA CY OR 29
	372	+	MANUFACTURER . 30
	373	+	SENATE BILL 180 9
416	374
417		-	– 10 –
418		-	HAS UNDERGONE THE TR AINING PROVIDED UNDER § 7–426.2(C) DEVELOPED UNDER
419		-	§ 7–426.6(C) OF THIS SUBTITLE TO HAVE ASTHMA , IS BE OR, OR IS PERCEIVED TO
420		-	BE, EXPERIENCING ASTHMA–RELATED SYMPTOMS, SYMPTOMS OR IS PERCEIVED TO
421		-	BE IN RESPIRATORY DI STRESS, REGARDLESS OF WHETHE R THE STUDENT :
422	375
423		-	(I) HAS BEEN DIAGNOSED WI TH ASTHMA OR REACTIV E AIRWAY
424		-	DISEASE; OR
	376	+	(3) A COUNTY BOARD OR PUBL IC SCHOOL MAY ACCEPT DONATED 1
	377	+	BRONCHODILATORS AND MODES OF ADMINISTRAT ION, INCLUDING INHALERS W ITH 2
	378	+	SPACERS, FROM A LICENSED PHAR MACY OR MANUFACTURER . 3
425	379
426		-	(II) ~~HAS BEEN PRESCRIBED~~ A ~~BRONCHODILATOR BY AN~~
427		-	~~AUTHORIZED LICENSED HEALTH CARE PRACTITIONER UNDER T HE HEALTH~~
428		-	~~OCCUPATIONS ARTICLE~~.
	380	+	(4) A COUNTY BO ARD MAY APPLY FOR GR ANTS TO OBTAIN FUNDI NG 4
	381	+	FOR THE PURCHASE OF BRONCHODILATORS AND MODES OF ADMINISTRAT ION, 5
	382	+	INCLUDING INHALERS W ITH SPACERS. 6
429	383
430		-	(2) A ~~SCHOOL NURSE OR ANY OTHER DESIGNATED SCHOOL~~
431		-	~~PERSONNEL MAY NOT AD MINISTER A BRONCHODI LATOR TO A PREKINDER GARTEN~~
432		-	~~STUDENT UNLESS~~ THE ~~S TUDENT HAS BEEN DIAG NOSED WITH ASTHMA~~ OR A
433		-	~~REACTIVE AIRWAY DISEA SE AND HAS A PRESCRI PTION~~ FOR ~~A BRONCHOD ILATOR AS~~
434		-	~~PRESCRIBED BY~~ THE ~~ST UDENT’~~S ~~HEALTH CARE PRACTI TIONER~~.
	384	+	(F) (1) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A 7
	385	+	SCHOOL NURSE OR ANY OTHER SCHOOL PERSONN EL WHO RESPOND IN GOOD FAITH 8
	386	+	TO THE ASTHMA ATTACK OR RESPIRATORY DISTR ESS OF A CHILD IN AC CORDANCE 9
	387	+	WITH THIS SECTION MA Y NOT BE HELD PERSON ALLY LIABLE FOR ANY ACT OR 10
	388	+	OMISSION IN THE COUR SE OF RESPONDING TO THE CHILD IN DISTRES S. 11
435	389
436		-	(C) THE POLICY ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION
437		-	SHALL INCLUDE :
	390	+	(2) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGENT ACT , A 12
	391	+	HEALTH CARE PROVIDER WHO PRESCRIBES OR DI SPENSES A BRONCHODIL ATOR 13
	392	+	USED TO TREAT A CHIL D IN ACCORDANCE WITH PARAGRAPH (1) OF THIS 14
	393	+	SUBSECTION MAY NOT B E HELD PERSONALLY LI ABLE FOR ANY ACT OR OMISSION 15
	394	+	THAT OCCURS IN THE C OURSE OF RESPONDING TO THE CHILD IN DISTR ESS. 16
438	395
439		-	(1) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R § 7–426.2(C) §
440		-	7–426.6(C) OF THIS SUBTITLE FOR SCHOOL NURSES AND VO LUNTARY SCHOOL
441		-	PERSONNEL WHO ARE DE SIGNATED BY A SCHOOL NURSE AND, IN THE CLINICAL
442		-	JUDGMENT OF THE SCHO OL NURSE, ARE APPROPRIATE RECI PIENTS OF THE
443		-	TRAINING;
	396	+	(G) (1) (I) FOR EACH INCIDENT AT THE SCHOOL OR AT A R ELATED 17
	397	+	SCHOOL EVENT THAT RE QUIRES THE USE OF A BRONCHODILATOR STOCK 18
	398	+	BRONCHODILATOR IN AC CORDANCE WITH THIS S ECTION, EACH PUBLIC SCHOOL 19
	399	+	SHALL: 20
444	400
445		-	(2) PROCEDURES FOR THE EM ERGENCY ADMINISTRATION OF A
446		-	BRONCHODILATOR BY A SCHOOL NURSE OR DESI GNATED VOLUNTEER SCHOOL
447		-	PERSONNEL ;
	401	+	1. NOTIFY THE STUDENT ’S PARENT OR LEGAL 21
	402	+	GUARDIAN OF THE INCI DENT; AND 22
448	403
449		-	~~(3) PROCEDURES FOR RECOGN IZING AND~~ THE ~~NEED TO ADMINIST ER~~
450		-	~~A BRONCHODILATOR~~ AND ~~FOR ADMINISTERING A BRON CHODILATOR BASED ON~~ THE
451		-	~~SEVERITY OF THE SYMP TOMS BEING EXPERIENCED BY THE STUDENT ;~~
	404	+	2. MAKE A RECORD OF THE INCIDENT, ON THE FORM 23
	405	+	THAT THE DEPARTMENT REQUIRES , AND FILE THE FORM IN THE STUDENT’S SCHOOL 24
	406	+	MEDICAL RECORD . 25
452	407
453		-	(3) (4) THE PROPER FOLLOW –UP EMERGENCY PROCEDU RES;
	408	+	(II) EACH PUBLIC SCHOOL SH ALL SUBMIT TO THE 26
	409	+	DEPARTMENT A REPORT , ON THE FORM AND SCHEDUL E REQUIRED BY THE 27
	410	+	DEPARTMENT , ON THE NUMBER OF INC IDENTS AT THE SCHOOL OR AT A RELATED 28
	411	+	SCHOOL EVENT THAT RE QUIRED THE USE OF A BRONCHODILATOR STOCK 29
	412	+	BRONCHODILATOR IN AC CORDANCE WITH THIS S ECTION. 30
454	413
455		-	(4) (5) A PROVISION AUTHORIZING A SCHOOL NURSE OR ANY
456		-	OTHER LICENSED HEALT H CARE PRACTITIONER TO OBTAIN, AND A SCHOOL NURSE
457		-	OR ANY OTHER SCHOOL PERSONNEL TO STORE , AT A NONPUBLIC SCHOO L FOR USE
458		-	IN AN EMERGENCY SITU ATION REQUIRING THAT BRONCHODILATORS AND MODES OF
459		-	DELIVERY, INCLUDING INHALERS W ITH SPACERS , BE STORED IN NONPUBL IC
460		-	SCHOOLS TO BE USED I N AN EMERGENCY SITUA TION; WES MOORE, Governor Ch. 279
	414	+	(2) THE DEPARTMENT SHALL DEVE LOP AND DISSEMINATE 31
	415	+	STANDARD FORMS TO RE CORD EACH INCIDENT A ND REPORT INCIDENTS REQUIRING 32
	416	+	THE USE OF A BRONCHO DILATOR AT A PUBLIC SCHOOL. 33
461	417
462		-	– 11 –
	418	+	7–426.7. 34
	419	+	10 SENATE BILL 180
463	420
464		-	(5) (6) A REQUIREMENT THAT THE NONPUBLIC SCHOOL DEV ELOP
465		-	AND IMPLEMENT A METH OD FOR NOTIFYING THE PARENTS OR GUARDIANS OF
466		-	STUDENTS OF THE SCHO OL’S POLICY UNDER THIS SECTION AT THE BEGIN NING OF
467		-	EACH SCHOOL YEAR ; AND
468	421
469		-	(6) (7) ~~A PROVISION AUTHORIZIN G A NONPUBLIC SCH OOL TO~~
470		-	~~OBTAIN A STANDING OR DER FOR THE ADMINIST RATION OF BRONCHODIL ATORS; AND~~
	422	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
	423	+	INDICATED. 2
471	424
472		-	(8) ~~AN ONGOING PROCESS FO R OVERSIGHT AND MONI TORING BY~~ A
473		-	~~LICENSED HEALTH CARE PRACTITIONER~~ OF ~~THE IMPLEMENTATION OF TH E POLICY~~
474		-	~~ESTABLISHED UNDER SU BSECTION (B)~~ OF ~~THIS SECTION~~.
	425	+	(2) “ASTHMA” MEANS A CHRONIC LUNG DISEASE THAT INFLAMES 3
	426	+	AND NARROWS AIR PASS AGES, CAUSING RECURRING PE RIODS OF WHEEZING , CHEST 4
	427	+	TIGHTNESS, SHORTNESS OF BREATH , AND COUGHING . 5
475	428
476		-	(D) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY
477		-	PROVIDE BRONCHODILAT ORS TO A SCHOOL NURS E OR DESIGNATED VOLU NTEER
478		-	FOR USE IN ACCORDANC E WITH THIS SECTION .
	429	+	(3) “BRONCHODILATOR ” MEANS MEDICATION THA T RELAXES 6
	430	+	BRONCHIAL MUSCLES , RESULTING IN THE EXP ANSION OF BRONCHIAL AIR 7
	431	+	PASSAGES TO PROVIDE FAS T TREATMENT OF ASTHM A–RELATED SYMPTOMS AND 8
	432	+	SYMPTOMS OF RESPIRAT ORY DISTRESS. 9
479	433
480		-	(2) BRONCHODILATORS AND M ODES OF ADMINISTRATI ON,
481		-	INCLUDING INHALERS W ITH SPACERS, USED BY A SCHOOL NUR SE OR ANY OTHER
482		-	DESIGNATED SCHOOL PERSONNEL MUS T BE FROM A LICENSED PHARMACY OR
483		-	MANUFACTURER .
	434	+	(4) “SCHOOL PERSONNEL ” MEANS INDIVIDUALS WH O ARE EMPLOYED 10
	435	+	BY A NONPUBLIC SCHOO L, INCLUDING PART –TIME EMPLOYEES , TEACHERS AND 11
	436	+	SUBSTITUTE TEACHERS EMPLOYED BY THE SCHOOL FOR AT LE AST 7 DAYS EACH 12
	437	+	SCHOOL YEAR , REGISTERED NURSE CAS E MANAGERS , DELEGATING NURSES , AND 13
	438	+	ADMINISTRATIVE STAFF . 14
484	439
485		-	(3) A NONPUBLIC SCHOOL MAY ACCEPT DONATED
486		-	BRONCHODILATORS AND MODES OF ADMINISTRAT ION, INCLUDING INHALERS W ITH
487		-	SPACERS, FROM A LICENSED PHARMACY OR MANUFACTURER .
	440	+	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 15
	441	+	EACH NONPUBLIC SCHOOL IN THE STATE MAY ESTABLISH A POLICY AUTHORIZING 16
	442	+	THE SCHOOL NURSE AND OTHER DESIGNATED SCHOOL PERSONNEL TO ADMINISTER 17
	443	+	A BRONCHODILATOR TO A STUDENT WHO IS DET ERMINED BY AN INDIVI DUAL WHO 18
	444	+	HAS UNDERGONE THE TR AINING PROVIDED UNDER § 7–426.2(C) DEVELOPED UNDER 19
	445	+	§ 7–426.6(C) OF THIS SUBTITLE TO HAVE ASTHMA , IS BE OR, OR IS PERCEIVED TO 20
	446	+	BE, EXPERIENCING ASTHMA–RELATED SYMPTOMS, SYMPTOMS OR IS PERCEIVED TO 21
	447	+	BE IN RESPIRATORY DI STRESS, REGARDLESS OF WHETHE R THE STUDENT : 22
488	448
489		-	(4) A NONPUBLIC SCHOOL MAY APPLY FOR GRANTS TO OBTAIN
490		-	FUNDING FOR THE PURC HASE OF BRONCHODILAT ORS AND MODES OF
491		-	ADMINISTRATION , INCLUDING INHALERS W ITH SPACERS.
	449	+	(I) HAS BEEN DIAGNOSED WITH ASTHMA OR REACT IVE AIRWAY 23
	450	+	DISEASE; OR 24
492	451
493		-	(E) (1) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A
494		-	SCHOOL NURSE OR ANY OTHER SCHOOL PERSONN EL WHO RESPOND IN GO OD FAITH
495		-	TO THE ASTHMA ATTACK OR RESPIRATORY DISTR ESS OF A CHILD IN AC CORDANCE
496		-	WITH THIS SECTION MA Y NOT BE HELD PERSON ALLY LIABLE FOR ANY ACT OR
497		-	OMISSION IN THE COUR SE OF RESPONDING TO THE CHILD IN DISTRESS.
	452	+	(II) HAS BEEN PRESCRIBED A BRONCHODILATOR BY AN 25
	453	+	AUTHORIZED LICENSED HEALTH CARE PRACTITI ONER UNDER THE HEALTH 26
	454	+	OCCUPATIONS ARTICLE. 27
498	455
499		-	(2) ~~EXCEPT FOR~~ ANY ~~WILLFU L OR GROSSLY NEGLIGE NT ACT, A~~
500		-	~~HEALTH CARE PROVIDER WHO PRESCRIBES OR DI SPENSES~~ A ~~BRONCHODIL ATOR~~
501		-	~~USED TO TREAT~~ A ~~CHIL D IN ACCORDANCE WITH PARAGRAPH (1) OF THIS~~
502		-	~~SUBSECTION MAY NOT B E HELD PERSONALLY LI ABLE~~ FOR ~~ANY ACT OR OMISSION~~
503		-	~~THAT OCCURS IN~~ THE ~~C OURSE OF RESPONDING TO THE CHILD IN DIST RESS~~.
	456	+	(2) A SCHOOL NURSE OR ANY OTHER DESIGNATED SCHOOL 28
	457	+	PERSONNEL MAY NOT AD MINISTER A BRONCHODILATOR TO A PREKINDERGARTEN 29
	458	+	STUDENT UNLESS THE S TUDENT HAS BEEN DIAG NOSED WITH ASTHMA OR A 30
	459	+	REACTIVE AIRWAY DISE ASE AND HAS A PRESCR IPTION FOR A BRONCHO DILATOR AS 31
	460	+	PRESCRIBED BY THE ST UDENT’S HEALTH CARE PRACTI TIONER. 32
504	461
505		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
506		-	1, 2024. Ch. 279 2024 LAWS OF MARYLAND
	462	+	(C) THE POLICY ESTABLISHED UNDER SU BSECTION (B) OF THIS SECTION 33
	463	+	SHALL INCLUDE : 34
	464	+	SENATE BILL 180 11
507	465
508		-	– 12 –
509	466
510		-	Approved by the Governor, April 25, 2024.
	467	+	(1) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R § 7–426.2(C) § 1
	468	+	7–426.6(C) OF THIS SUBTITLE FOR SCHOOL NURSES AND VO LUNTARY SCHOOL 2
	469	+	PERSONNEL WHO ARE DE SIGNATED BY A SCHOOL NURSE AND, IN THE CLINICAL 3
	470	+	JUDGMENT OF THE SCHO OL NURSE, ARE APPROPRIATE RECI PIENTS OF THE 4
	471	+	TRAINING; 5
	472	+
	473	+	(2) PROCEDURES FOR THE EM ERGENCY ADMINISTRATI ON OF A 6
	474	+	BRONCHODILATOR BY A SCHOOL NURSE OR DESI GNATED VOLUNTEER SCHOOL 7
	475	+	PERSONNEL ; 8
	476	+
	477	+	(3) PROCEDURES FOR RECOGN IZING AND THE NEED TO ADMINISTER 9
	478	+	A BRONCHODILATOR AND FOR ADMINISTERING A BRON CHODILATOR BASED ON THE 10
	479	+	SEVERITY OF THE SYMP TOMS BEING EXPERIENC ED BY THE STUDENT ; 11
	480	+
	481	+	(3) (4) THE PROPER FOLLOW –UP EMERGENCY PROCEDU RES; 12
	482	+
	483	+	(4) (5) A PROVISION AUTHORIZING A SCHOOL NURSE OR ANY 13
	484	+	OTHER LICENSED HEALT H CARE PRACTITIONER TO OBTAIN, AND A SCHOOL NURSE 14
	485	+	OR ANY OTHER SCHOOL PERSONNEL TO STORE , AT A NONPUBLIC SCHOO L FOR USE 15
	486	+	IN AN EMERGENCY SITU ATION REQUIRING THAT BRONCHODILATORS AND MODES OF 16
	487	+	DELIVERY, INCLUDING INHALERS W ITH SPACERS , BE STORED IN NONPUBL IC 17
	488	+	SCHOOLS TO BE USED I N AN EMERGENCY SITUA TION; 18
	489	+
	490	+	(5) (6) A REQUIREMENT THAT THE NONPUBLIC SCHOOL DEV ELOP 19
	491	+	AND IMPLEMENT A METH OD FOR NOTIFYING THE PARENTS OR GUARDIANS OF 20
	492	+	STUDENTS OF THE SCHO OL’S POLICY UNDER THIS SECTION AT THE BEGIN NING OF 21
	493	+	EACH SCHOOL YEAR ; AND 22
	494	+
	495	+	(6) (7) A PROVISION AUTHORIZIN G A NONPUBLIC SCH OOL TO 23
	496	+	OBTAIN A STANDING OR DER FOR THE ADMINIST RATION OF BRONCHODIL ATORS; AND 24
	497	+
	498	+	(8) AN ONGOING PROCESS FO R OVERSIGHT AND MONI TORING BY A 25
	499	+	LICENSED HEALTH CARE PRACTITIONER OF THE IMPLEMENTATION OF TH E POLICY 26
	500	+	ESTABLISHED UNDER SU BSECTION (B) OF THIS SECTION. 27
	501	+
	502	+	(D) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY 28
	503	+	PROVIDE BRONCHODILAT ORS TO A SCHOOL NURS E OR DESIGNATED VOLU NTEER 29
	504	+	FOR USE IN ACCORDANC E WITH THIS SECTION . 30
	505	+
	506	+	(2) BRONCHODILATORS AND M ODES OF ADMINISTRATI ON, 31
	507	+	INCLUDING INHALERS W ITH SPACERS, USED BY A SCHOOL NUR SE OR ANY OTHER 32
	508	+	DESIGNATED SCHOOL PERSONNEL MUS T BE FROM A LICENSED PHARMACY OR 33
	509	+	MANUFACTURER . 34
	510	+	12 SENATE BILL 180
	511	+
	512	+
	513	+	(3) A NONPUBLIC SCHOOL MAY ACCEPT DONATED 1
	514	+	BRONCHODILATORS AND MODES OF ADMINISTRAT ION, INCLUDING INHALERS W ITH 2
	515	+	SPACERS, FROM A LICENSED PHARMACY OR MANUFACTURER . 3
	516	+
	517	+	(4) A NONPUBLIC SCHOOL MAY APPLY FOR GRANTS TO OBTAIN 4
	518	+	FUNDING FOR THE PURC HASE OF BRONCHODILAT ORS AND MODES OF 5
	519	+	ADMINISTRATION , INCLUDING INHALERS W ITH SPACERS. 6
	520	+
	521	+	(E) (1) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A 7
	522	+	SCHOOL NURSE OR ANY OTHER SCHOOL PERSONN EL WHO RESPOND IN GO OD FAITH 8
	523	+	TO THE ASTHMA ATTACK OR RESPIRATORY DISTR ESS OF A CHILD IN AC CORDANCE 9
	524	+	WITH THIS SECTION MA Y NOT BE HELD PERSON ALLY LIABLE FOR ANY ACT OR 10
	525	+	OMISSION IN THE COUR SE OF RESPONDING TO THE CHILD IN DISTRESS. 11
	526	+
	527	+	(2) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A 12
	528	+	HEALTH CARE PROVIDER WHO PRESCRIBES OR DI SPENSES A BRONCHODIL ATOR 13
	529	+	USED TO TREAT A CHIL D IN ACCORDANCE WITH PARAGRAPH (1) OF THIS 14
	530	+	SUBSECTION MAY NOT B E HELD PERSONALLY LI ABLE FOR ANY ACT OR OMISSION 15
	531	+	THAT OCCURS IN THE C OURSE OF RESPONDING TO THE CHILD IN DIST RESS. 16
	532	+
	533	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 17
	534	+	1, 2024. 18
	535	+
	536	+
	537	+
	538	+
	539	+	Approved:
	540	+	________________________________________________________________________________
	541	+	Governor.
	542	+	________________________________________________________________________________
	543	+	President of the Senate.
	544	+	________________________________________________________________________________
	545	+	Speaker of the House of Delegates.