WES MOORE, Governor Ch. 279
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Chapter 279
(Senate Bill 180)
AN ACT concerning
Public and Nonpublic Schools – Auto–Injectable Epinephrine and
Bronchodilators – Use, Availability, Training, and Policies
FOR the purpose of requiring each county board of education and authorizing nonpublic
schools in the State to update their policies to require certain school nurses and other
school personnel to complete certain training before they are authorized to
administer auto–injectable epinephrine to a student who is determined to be, or is
perceived to be, in anaphylaxis; requiring the State Department of Education, in
consultation with certain groups, to identify or develop training for certain school
personnel to identify symptoms of anaphylaxis, asthma, and respiratory distress in
students; requiring each county board the Maryland Department of Health, in
consultation with county boards, and authorizing nonpublic schools in the State to
establish a policy to obtain, administer, and train certain school nurses and other
school personnel to administer in emergency situations bronchodilators to a student
who is determined to have asthma, is be or, or is perceived to be, experiencing
asthma–related symptoms, symptoms or is perceived to be in respiratory distress by
a school nurse or any other certain designated school personnel; and generally
relating to use and availability of auto–injectable epinephrine and bronchodilators
in public and nonpublic schools in the State.
BY repealing and reenacting, with amendments,
Article – Education
Section 7–426.2 and 7–426.3
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY adding to
Article – Education
Section 7–426.6 and 7–426.7
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL AS SEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Education
7–426.2.
(a) (1) In this section the following words have the meanings indicated.
Ch. 279 2024 LAWS OF MARYLAND
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(2) “Anaphylaxis” means a sudden, severe, and potentially life–threatening
allergic reaction that occurs when an individual is exposed to an allergen.
(3) “Auto–injectable epinephrine” means a portable, disposable drug
delivery device that contains a premeasured single dose of epinephrine that is used to treat
anaphylaxis in an emergency situation.
(b) Each county board shall establish a policy for public schools within its
jurisdiction to authorize the school nurse and other school personnel to administer
auto–injectable epinephrine, if available, to a student who is determined BY AN
INDIVIDUAL WHO HAS U NDERGONE THE TRAININ G PROVIDED UNDER SUB SECTION
(C) OF THIS SECTION, IF AVAILABLE, to be or perceived to be in anaphylaxis, regardless
of whether the student:
(1) Has been identified as having an anaphylactic allergy, as defined in §
7–426.1 of this subtitle; or
(2) Has [a prescription for] BEEN PRESCRIBED epinephrine [as
prescribed] by an authorized licensed health care practitioner under the Health
Occupations Article.
(c) (1) THE DEPARTMENT , IN CONSULTATION WITH THE MARYLAND
DEPARTMENT OF HEALTH, THE AMERICAN LUNG ASSOCIATION, AND THE ASTHMA
AND ALLERGY FOUNDATION OF AMERICA, SHALL IDENTIFY OR DE VELOP TRAINING
TO:
(I) IDENTIFY THE SYMPTOMS OF ASTHMA AND RESPIR ATORY
DISTRESS;
(II) IDENTIFY THE SYMPTOMS OF ANAPHYLAXIS ; AND
(III) DISTINGUISH BETWEEN A NAPHYLAXIS AND ASTHM A OR
RESPIRATORY DISTRESS .
(2) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R PARAGRAPH
(1) OF THIS SUBSECTION S HALL BE PROVIDED TO SCHOOL NURSES AND VO LUNTARY
SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL NURSE AND , IN THE
CLINICAL JUDGMENT OF THE SCHOOL NURSE , ARE APPROPRIATE RECI PIENTS OF
THE TRAINING.
(3) THE TRAINING PROVIDED UNDER THIS SUBSECTIO N SHALL BE A
PAID PROFESSIONAL DE VELOPMENT TRAINING .
(D) The policy established under subsection (b) of this section shall include: WES MOORE, Governor Ch. 279
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(1) [Training for school personnel on how to recognize the symptoms of
anaphylaxis] THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R SUBSECTION (C) OF
THIS SECTION;
(2) Procedures for the emergency administration of auto –injectable
epinephrine BY A SCHOOL NURSE OR DESIGNATED VOLUNTEER SCHOOL PERSONNEL ;
(3) The proper follow–up emergency procedures;
(4) A provision authorizing a school nurse to obtain and store at a public
school auto–injectable epinephrine to be used in an emergency situation; and
(5) A requirement that each public school develop and implement a method
for notifying the parents or guardians of students of the school’s policy under this section
at the beginning of each school year.
(E) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY
PROVIDE AUTO –INJECTABLE EPINEPHRI NE TO A SCHOOL NURSE OR DESIGNATED
VOLUNTEER SCHOOL PERSONNEL FOR USE IN ACCORDANC E WITH THIS SECTION .
(2) AUTO–INJECTABLE EPINEPHRINE USED UND ER THIS SECTION
MUST BE FROM A LICEN SED PHARMACY OR MANU FACTURER.
(3) A COUNTY BOARD OR PUBL IC SCHOOL MAY ACCEPT DONATED
AUTO–INJECTABLE EPINEPHRI NE FROM A LICENSED P HARMACY OR
MANUFACTURER .
(4) A COUNTY BOARD MAY APP LY FOR GRANTS TO OBTAIN FUNDING
FOR THE PURCHASE OF AUTO–INJECTABLE EPINEPHRI NE FROM A LICENSED
PHARMACY OR MANUFACT URER.
[(d)] (F) Except for any willful or grossly negligent act, a school nurse or other
school personnel who respond in good faith to the anaphylactic reaction of a child in
accordance with this section may not be held personally liable for any act or omission in the
course of responding to the reaction.
[(e)] (G) (1) Each public school shall submit, on the form that the Department
requires, a report to the Department on each incident at the school or at a related school
event that required the use of auto–injectable epinephrine.
(2) The Department shall develop and disseminate a standard form to
report each incident requiring the use of auto–injectable epinephrine at a public school.
7–426.3. Ch. 279 2024 LAWS OF MARYLAND
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(a) (1) In this section the following words have the meanings indicated.
(2) “Anaphylaxis” means a sudden, severe, and potentially life–threatening
allergic reaction that occurs when an individual is exposed to an allergen.
(3) “Auto–injectable epinephrine” means a portable, disposable drug
delivery device that contains a premeasured single dose of epinephrine that is used to treat
anaphylaxis in an emergency situation.
(4) “School personnel” means individuals who are employed by a nonpublic
school, including part–time employees, teachers and substitute teachers employed by the
school for at least 7 days each school year, a school nurse, registered nurse case manager,
delegating nurse, and administrative staff.
(b) Each nonpublic school in the State may establish a policy authorizing school
personnel to administer auto–injectable epinephrine, if available, to a student who is
determined BY AN INDIVIDUAL WHO HAS UNDERGONE THE TR AINING PROVIDED
UNDER § 7–426.2(C) OF THIS SUBTITLE , IF AVAILABLE, to be or perceived to be in
anaphylaxis, regardless of whether the student:
(1) Has been identified as having an anaphylactic allergy, as defined in §
7–426.1 of this subtitle; or
(2) Has [a prescription for] BEEN PRESCRIBED epinephrine [as
prescribed] by an authorized licensed health care practitioner under the Health
Occupations Article.
(c) The policy established under subsection (b) of this section shall include:
(1) [Training for school personnel on how to recognize the signs and
symptoms of anaphylaxis by a licensed health care practitioner who is authorized to
administer auto–injectable epinephrine and who has been trained in an established
protocol on how to recognize the signs and symptoms of anaphylaxis] THE TRAINING
IDENTIFIED OR DEVELO PED UNDER § 7–426.2(C) OF THIS SUBTITLE FOR SCHOOL
NURSES AND VOLUNTARY SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL
NURSE AND , IN THE CLINICAL JUDG MENT OF THE SCHOOL N URSE, ARE
APPROPRIATE RECI PIENTS OF THE TRAINI NG;
(2) Procedures for the emergency administration of auto –injectable
epinephrine BY A SCHOOL NURSE OR DESIGNATED VOLUNTEER SCHOOL PERSONNEL ;
(3) The proper follow–up emergency procedures;
WES MOORE, Governor Ch. 279
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(4) A provision authorizing a school nurse or other licensed health care
practitioner to obtain and, school personnel to store, at a nonpublic school auto–injectable
epinephrine to be used in an emergency situation;
(5) A requirement that the nonpublic school develop and implement a
method for notifying the parents or guardians of students of the school’s policy under this
section at the beginning of each school year; and
(6) An ongoing process for oversight and monitoring by a licensed health
care practitioner of the implementation of the policy established under subsection (b) of this
section.
(D) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY
PROVIDE AUTO –INJECTABLE EPINEPHRI NE TO A SCHOOL NURSE OR DESIGNATED
VOLUNTEER SCHOOL PERSONNEL FOR USE IN ACCORDANC E WITH THIS SECTION.
(2) AUTO–INJECTABLE EPINEPHRI NE USED UNDER THIS S ECTION
MUST BE FROM A LICEN SED PHARMACY OR MANU FACTURER.
(3) A NONPUBLIC SCHOOL MAY ACCEPT DONATED AUTO –INJECTABLE
EPINEPHRINE FROM A L ICENSED PHARMACY OR MANUFACTURER .
(4) A NONPUBLIC SCHO OL MAY APPLY FOR GRA NTS TO OBTAIN
FUNDING FOR THE PURC HASE OF AUTO –INJECTABLE EPINEPHRI NE FROM A
LICENSED PHARMACY OR MANUFACTURER .
[(d)] (E) Except for any willful or grossly negligent act, school personnel who
respond in good faith to the anaphylactic reaction of a child in accordance with this section
may not be held personally liable for any act or omission in the course of responding to the
reaction.
7–426.6.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “ASTHMA” MEANS A CHRONIC LUNG DISEASE THAT INFLAME S
AND NARROWS AIR PASS AGES, CAUSING RECURRING PE RIODS OF WHEEZING , CHEST
TIGHTNESS, SHORTNESS OF BREATH , AND COUGHING .
(3) “BRONCHODILATOR ” MEANS MEDICATION THA T RELAXES
BRONCHIAL MUSCLES , RESULTING IN THE EXP ANSION OF BRONCHIAL AIR
PASSAGES TO PROVIDE FAST TREATMENT OF AS THMA–RELATED SYMPTOMS AND
SYMPTOMS OF RESPIRAT ORY DISTRESS.
Ch. 279 2024 LAWS OF MARYLAND
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(4) (I) “SCHOOL PERSONNEL ” MEANS INDIVIDUALS WH O ARE
EMPLOYED BY A PUBLIC SCHOOL, INCLUDING PART –TIME EMPLOYEES , TEACHERS
AND SUBSTITUTE TEACHERS EMPLOYED BY THE SCHO OL FOR AT LEAST 7 DAYS EACH
SCHOOL YEAR , REGISTERED NURSE CAS E MANAGERS , DELEGATING NURSES , AND
ADMINISTRATIVE STAFF OR, IN THE CASE OF SOME SCHOOL HEALTH STAFF , BY A
LOCAL HEALTH DEPARTM ENT.
(II) “SCHOOL PERSONN EL” INCLUDES PART –TIME EMPLOYEES ,
TEACHERS, SUBSTITUTE TEACHERS EMPLOYED BY THE SCHO OL FOR AT LEAST 7
DAYS EACH SCHOOL YEA R, REGISTERED NURSE CAS E MANAGERS , DELEGATING
NURSES, AND ADMINISTRATIVE S TAFF.
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION,
EACH COUNTY BOARD THE MARYLAND DEPARTMENT OF HEALTH, IN
CONSULTATION WITH CO UNTY BOARDS , SHALL ESTABLISH A PO LICY FOR PUBLIC
SCHOOLS WITHIN ITS JURISDICTION TO AUTHORIZE THE SCH OOL NURSE AND OTHER
DESIGNATED SCHOOL PERSONNEL TO ADMINISTER A BRO NCHODILATOR TO A
STUDENT WHO IS DETER MINED BY AN INDIVIDU AL WHO HAS UNDERGONE THE
TRAINING PROVIDED UN DER SUBSECTION (C) OF THIS SECTION TO HAVE ASTHMA ,
IS BE OR, OR IS PERCEIVED TO BE , EXPERIENCING ASTHMA –RELATED SYMPTOMS,
OR IS PERCEIVED TO B E IN RESPIRATORY DISTRESS , REGARDLESS OF WHETHE R THE
STUDENT:
(I) HAS BEEN DIAGNOSED WI TH ASTHMA OR REACTIV E AIRWAY
DISEASE; OR
(II) HAS BEEN PRESCRIBED A BRONCHODILATOR BY AN
AUTHORIZED LICENSED HEALTH CARE PRACTITI ONER UNDER THE HEALTH
OCCUPATIONS ARTICLE.
(2) NEITHER A SCHOOL NURS E NOR ANY OTHER DESIGNATED
SCHOOL PERSONNEL MAY ADMINISTER A BRONCHO DILATOR TO A
PREKINDERGARTEN STUD ENT UNLESS THE STUDE NT HAS BEEN DIAGNOSE D WITH
ASTHMA OR A REACTIVE AIRWAY DISEASE AND H AS A PRESCRIPTION FO R A
BRONCHODI LATOR AS PRESCRIBED BY THE STUDENT ’S HEALTH CARE
PRACTITIONER .
(C) (1) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R § 7–426.2(C)
OF THIS SUBTITLE SHA LL BE PROVIDED TO SC HOOL NURSES AND VOLU NTARY
SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL NURSE AND , IN THE
CLINICAL JUDGMENT OF THE SCHOOL NURSE , ARE APPROPRIATE RECI PIENTS OF
THE TRAINING.
WES MOORE, Governor Ch. 279
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(2) THE TRAINING PROVIDED UNDER THIS SUBSECTIO N SHALL BE A
PAID PROFESSIONAL DE VELOPMENT TRAINING .
(C) (1) THE DEPARTMENT , IN CONSULTATION WITH THE MARYLAND
DEPARTMENT OF HEALTH, THE AMERICAN LUNG ASSOCIATION, AND THE ASTHMA
AND ALLERGY FOUNDATION OF AMERICA, SHALL IDENTIFY OR DE VELOP TRAINING
TO:
(I) IDENTIFY THE SYMPTOMS OF ASTHMA AND RESPIR ATORY
DISTRESS;
(II) IDENTIFY THE SYMPTOMS OF ANAPHYLAXIS ; AND
(III) DISTINGUISH BETWEEN A NAPHYLAXIS AND ASTHM A OR
RESPIRATORY DISTRESS .
(2) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R PARAGRAPH
(1) OF THIS SUBSECTION S HALL BE PROVIDED TO SCHOOL NURSES AND VO LUNTARY
SCHOOL PERSONNEL WHO ARE DESIGNATED BY A SCHOOL NURSE AND , IN THE
CLINICAL JUDGMENT OF THE SCHOOL NURSE , ARE APPROPRIATE RECI PIENTS OF
THE TRAINING.
(3) THE TRAINING PROVIDED UNDER THIS SUBSECTIO N SHALL BE A
PAID PROFESSIONAL DE VELOPMENT TRAINING .
(D) THE POLICY ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION
SHALL INCLUDE :
(1) THE TRAINING REQUIRED UNDER SUBSECTION (C) OF THIS
SECTION;
(2) PROCEDURES FOR THE EM ERGENCY ADMINISTRATI ON OF A
BRONCHODILATOR BY A SCHOOL NURSE OR DESI GNATED VOLUNTEER SCHOOL
PERSONNEL ;
(3) PROCEDURES FOR R ECOGNIZING AND THE NEED TO ADMINIST ER
A BRONCHODILATOR AND FOR ADMINISTERING A BRON CHODILATOR BASED ON THE
SEVERITY OF THE SYMP TOMS BEING EXPERIENC ED BY THE STUDENT ;
(3) (4) THE PROPER FOLLOW –UP EMERGENCY PROCEDU RES;
(4) (5) A PROVISION AUTHORIZING A SCHOOL NURSE TO OB TAIN
AND STORE AT A PUBLI C SCHOOL REQUIRING THAT BRONCHODILATORS AND MODES Ch. 279 2024 LAWS OF MARYLAND
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OF DELIVERY , INCLUDING INHALERS W ITH SPACERS , BE STORED IN PUBLIC
SCHOOLS TO BE USED IN AN EME RGENCY SITUATION ; AND
(5) (6) A PROVISION AUTHORIZIN G A COUNTY BOARD TO OBTAIN A
STANDING ORDER FOR T HE ADMINISTRATION OF BRONCHODILATORS ; AND
(7) A REQUIREMENT THAT EAC H PUBLIC SCHOOL DEVE LOP AND
IMPLEMENT A METHOD F OR NOTIFYING THE PAR ENTS OR GUARDIANS OF STUDENTS
OF THE SCHOOL ’S POLICY UNDER THIS SECTION AT THE BEGINNING OF EACH
SCHOOL YEAR .
(E) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY
PROVIDE BRONCHODILAT ORS TO A SCHOOL NURS E OR DESIGNATED VOLUNTEER
SCHOOL PERSONNEL FOR USE IN ACCORDANC E WITH THIS SECTION .
(2) BRONCHODILATORS AND M ODES OF ADMINISTRATI ON,
INCLUDING INHALERS W ITH SPACERS, USED BY A SCHOOL NUR SE OR ANY OTHER
DESIGNATED SCHOOL PERSONNEL MUS T BE FROM A LICENSED PHARMACY OR
MANUFACTURER .
(3) A COUNTY BOARD OR PUBL IC SCHOOL MAY ACCEPT DONATED
BRONCHODILATORS AND MODES OF ADMINISTRATION , INCLUDING INHALERS W ITH
SPACERS, FROM A LICENSED PHAR MACY OR MANUFACTURER .
(4) A COUNTY BOARD MAY APP LY FOR GRANTS TO OBT AIN FUNDING
FOR THE PURCHASE OF BRONCHODILATORS AND MODES OF ADMINISTRAT ION,
INCLUDING INHALE RS WITH SPACERS .
(F) (1) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A
SCHOOL NURSE OR ANY OTHER SCHOOL PERSONN EL WHO RESPOND IN GO OD FAITH
TO THE ASTHMA ATTACK OR RESPIRATORY DISTR ESS OF A CHILD IN AC CORDANCE
WITH THIS SECTION MA Y NOT BE HELD PERSONALLY LIABLE FO R ANY ACT OR
OMISSION IN THE COUR SE OF RESPONDING TO THE CHILD IN DISTRES S.
(2) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A
HEALTH CARE PROVIDER WHO PRESCRIBES OR DI SPENSES A BRONCHODIL ATOR
USED TO TREAT A CHIL D IN ACCORDANCE WITH PARAGRAPH (1) OF THIS
SUBSECTION MAY NOT B E HELD PERSONALLY LI ABLE FOR ANY ACT OR OMISSION
THAT OCCURS IN THE C OURSE OF RESPONDING TO THE CHILD IN DIST RESS.
(G) (1) (I) FOR EACH INCIDENT AT THE SCHOOL OR AT A R ELATED
SCHOOL EVENT THAT RE QUIRES THE USE OF A BRONCHODILATOR STOCK WES MOORE, Governor Ch. 279
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BRONCHODILATOR IN AC CORDANCE WITH THIS S ECTION, EACH PUBLIC SCHOOL
SHALL:
1. NOTIFY THE STUDENT ’S PARENT OR LEGAL
GUARDIAN OF THE INCI DENT; AND
2. MAKE A RECORD OF THE INCIDENT, ON THE FORM
THAT THE DEPARTMENT REQUIRES, AND FILE THE FORM IN THE STUDENT’S SCHOOL
MEDICAL RECORD .
(II) EACH PUBLIC SCHOOL SH ALL SUBMIT TO THE
DEPARTMENT A REPORT , ON THE FORM AND SCHE DULE REQUIRED BY THE
DEPARTMENT , ON THE NUMBER OF INC IDENTS AT THE SCHOOL OR AT A RELATED
SCHOOL EV ENT THAT REQUIRED TH E USE OF A BRONCHODILATOR STOCK
BRONCHODILATOR IN AC CORDANCE WITH THIS S ECTION.
(2) THE DEPARTMENT SHALL DEVE LOP AND DISSEMINATE
STANDARD FORMS TO RE CORD EACH INCIDENT A ND REPORT INCIDENTS REQUIRING
THE USE OF A BRONCHO DILATOR AT A PUBLIC SCHOOL .
7–426.7.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “ASTHMA” MEANS A CHRONIC LUNG DISEASE THAT INFLAME S
AND NARROWS AIR PASS AGES, CAUSING RECURRING PE RIODS OF WHEEZING , CHEST
TIGHTNESS, SHORTNESS OF BRE ATH, AND COUGHING .
(3) “BRONCHODILATOR ” MEANS MEDICATION THA T RELAXES
BRONCHIAL MUSCLES , RESULTING IN THE EXP ANSION OF BRONCHIAL AIR
PASSAGES TO PROVIDE FAST TREATMENT OF AS THMA–RELATED SYMPTOMS AND
SYMPTOMS OF RESPIRAT ORY DISTRESS.
(4) “SCHOOL PERSONNEL ” MEANS INDIVIDUALS WH O ARE EMPLOYED
BY A NONPUBLIC SCHOO L, INCLUDING PART –TIME EMPLOYEES , TEACHERS AND
SUBSTITUTE TEACHERS EMPLOYED BY THE SCHO OL FOR AT LEAST 7 DAYS EACH
SCHOOL YEAR , REGISTERED NURSE CAS E MANAGERS , DELEGATING NURSES , AND
ADMINISTRATIVE STAFF.
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
EACH NONPUBLIC SCHOOL IN THE STATE MAY ESTABLISH A POLICY AUTHORIZING
THE SCHOOL NURSE AND OTHER DESIGNATED SCHOOL PERSONNEL TO ADMINISTER
A BRONCHODILATOR TO A STUDENT WHO IS DET ERMINED BY AN INDIVI DUAL WHO Ch. 279 2024 LAWS OF MARYLAND
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HAS UNDERGONE THE TR AINING PROVIDED UNDER § 7–426.2(C) DEVELOPED UNDER
§ 7–426.6(C) OF THIS SUBTITLE TO HAVE ASTHMA , IS BE OR, OR IS PERCEIVED TO
BE, EXPERIENCING ASTHMA–RELATED SYMPTOMS, SYMPTOMS OR IS PERCEIVED TO
BE IN RESPIRATORY DI STRESS, REGARDLESS OF WHETHE R THE STUDENT :
(I) HAS BEEN DIAGNOSED WI TH ASTHMA OR REACTIV E AIRWAY
DISEASE; OR
(II) HAS BEEN PRESCRIBED A BRONCHODILATOR BY AN
AUTHORIZED LICENSED HEALTH CARE PRACTITIONER UNDER T HE HEALTH
OCCUPATIONS ARTICLE.
(2) A SCHOOL NURSE OR ANY OTHER DESIGNATED SCHOOL
PERSONNEL MAY NOT AD MINISTER A BRONCHODI LATOR TO A PREKINDER GARTEN
STUDENT UNLESS THE S TUDENT HAS BEEN DIAG NOSED WITH ASTHMA OR A
REACTIVE AIRWAY DISEA SE AND HAS A PRESCRI PTION FOR A BRONCHOD ILATOR AS
PRESCRIBED BY THE ST UDENT’S HEALTH CARE PRACTI TIONER.
(C) THE POLICY ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION
SHALL INCLUDE :
(1) THE TRAINING IDENTIFI ED OR DEVELOPED UNDE R § 7–426.2(C) §
7–426.6(C) OF THIS SUBTITLE FOR SCHOOL NURSES AND VO LUNTARY SCHOOL
PERSONNEL WHO ARE DE SIGNATED BY A SCHOOL NURSE AND, IN THE CLINICAL
JUDGMENT OF THE SCHO OL NURSE, ARE APPROPRIATE RECI PIENTS OF THE
TRAINING;
(2) PROCEDURES FOR THE EM ERGENCY ADMINISTRATION OF A
BRONCHODILATOR BY A SCHOOL NURSE OR DESI GNATED VOLUNTEER SCHOOL
PERSONNEL ;
(3) PROCEDURES FOR RECOGN IZING AND THE NEED TO ADMINIST ER
A BRONCHODILATOR AND FOR ADMINISTERING A BRON CHODILATOR BASED ON THE
SEVERITY OF THE SYMP TOMS BEING EXPERIENCED BY THE STUDENT ;
(3) (4) THE PROPER FOLLOW –UP EMERGENCY PROCEDU RES;
(4) (5) A PROVISION AUTHORIZING A SCHOOL NURSE OR ANY
OTHER LICENSED HEALT H CARE PRACTITIONER TO OBTAIN, AND A SCHOOL NURSE
OR ANY OTHER SCHOOL PERSONNEL TO STORE , AT A NONPUBLIC SCHOO L FOR USE
IN AN EMERGENCY SITU ATION REQUIRING THAT BRONCHODILATORS AND MODES OF
DELIVERY, INCLUDING INHALERS W ITH SPACERS , BE STORED IN NONPUBL IC
SCHOOLS TO BE USED I N AN EMERGENCY SITUA TION; WES MOORE, Governor Ch. 279
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(5) (6) A REQUIREMENT THAT THE NONPUBLIC SCHOOL DEV ELOP
AND IMPLEMENT A METH OD FOR NOTIFYING THE PARENTS OR GUARDIANS OF
STUDENTS OF THE SCHO OL’S POLICY UNDER THIS SECTION AT THE BEGIN NING OF
EACH SCHOOL YEAR ; AND
(6) (7) A PROVISION AUTHORIZIN G A NONPUBLIC SCH OOL TO
OBTAIN A STANDING OR DER FOR THE ADMINIST RATION OF BRONCHODIL ATORS; AND
(8) AN ONGOING PROCESS FO R OVERSIGHT AND MONI TORING BY A
LICENSED HEALTH CARE PRACTITIONER OF THE IMPLEMENTATION OF TH E POLICY
ESTABLISHED UNDER SU BSECTION (B) OF THIS SECTION.
(D) (1) AN AUTHORIZED LICENSE D HEALTH CARE PRACTI TIONER MAY
PROVIDE BRONCHODILAT ORS TO A SCHOOL NURS E OR DESIGNATED VOLU NTEER
FOR USE IN ACCORDANC E WITH THIS SECTION .
(2) BRONCHODILATORS AND M ODES OF ADMINISTRATI ON,
INCLUDING INHALERS W ITH SPACERS, USED BY A SCHOOL NUR SE OR ANY OTHER
DESIGNATED SCHOOL PERSONNEL MUS T BE FROM A LICENSED PHARMACY OR
MANUFACTURER .
(3) A NONPUBLIC SCHOOL MAY ACCEPT DONATED
BRONCHODILATORS AND MODES OF ADMINISTRAT ION, INCLUDING INHALERS W ITH
SPACERS, FROM A LICENSED PHARMACY OR MANUFACTURER .
(4) A NONPUBLIC SCHOOL MAY APPLY FOR GRANTS TO OBTAIN
FUNDING FOR THE PURC HASE OF BRONCHODILAT ORS AND MODES OF
ADMINISTRATION , INCLUDING INHALERS W ITH SPACERS.
(E) (1) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A
SCHOOL NURSE OR ANY OTHER SCHOOL PERSONN EL WHO RESPOND IN GO OD FAITH
TO THE ASTHMA ATTACK OR RESPIRATORY DISTR ESS OF A CHILD IN AC CORDANCE
WITH THIS SECTION MA Y NOT BE HELD PERSON ALLY LIABLE FOR ANY ACT OR
OMISSION IN THE COUR SE OF RESPONDING TO THE CHILD IN DISTRESS.
(2) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, A
HEALTH CARE PROVIDER WHO PRESCRIBES OR DI SPENSES A BRONCHODIL ATOR
USED TO TREAT A CHIL D IN ACCORDANCE WITH PARAGRAPH (1) OF THIS
SUBSECTION MAY NOT B E HELD PERSONALLY LI ABLE FOR ANY ACT OR OMISSION
THAT OCCURS IN THE C OURSE OF RESPONDING TO THE CHILD IN DIST RESS.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2024. Ch. 279 2024 LAWS OF MARYLAND
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Approved by the Governor, April 25, 2024.