2013 Maryland Code
EDUCATION
§ 7-426 - Guidelines for student emergency medical care.

§7-426.

(a) The Department and the Department of Health and Mental Hygiene shall jointly establish guidelines for public schools regarding providing emergency medical care to students with special health needs.

(b) The guidelines shall include:

(1) Procedures for the emergency administration of medication and the proper follow-up emergency procedures;

(2) A description of parental or caregiver responsibilities, including:

(i) School notification of a child’s special health care needs or diagnosis;

(ii) Providing appropriate medication and delivery devices and medical condition indication devices including Medic Alert bracelets or necklaces;

(iii) Parental consent for the administration of medications; and

(iv) Providing an emergency card for medical emergencies with current contact names and telephone numbers;

(3) A description of school responsibilities, including:

(i) Training for school health services personnel, teachers, coaches, transportation personnel, and other appropriate school personnel;

(ii) Providing and distributing the required notices and forms for notification, consent for the administration of medications, medical emergency contact information, and any other appropriate material; and

(iii) Providing outreach and education for parents and other caregivers regarding providing emergency medical care to students with special health needs;

(4) A description of student responsibilities that are age and condition appropriate; and

(5) Any other issue that is relevant to the emergency medical care of students with special health needs.

(c) The Department and the Department of Health and Mental Hygiene shall:

(1) Provide technical assistance to schools to:

(i) Implement the guidelines established under this section; and

(ii) Train school personnel at the local level; and

(2) Develop a process to monitor the implementation of the guidelines established under this section.

§ 7-426 - 1. Children with anaphylactic allergies.

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Anaphylactic allergy" means a food allergy that causes a severe, systematic reaction resulting in circulatory collapse or shock that may be fatal.

(3) "Employee" means an individual who is employed by a local board of education, including part-time employees, certified and noncertified substitute teachers employed by the local board of education for at least 7 days each school year, maintenance workers, and administrative staff.

(4) "Self-administer" means the application or consumption of medications in a manner prescribed by a health practitioner who is licensed, certified, or otherwise authorized under the Health Occupations Article to prescribe medications and medication delivery devices by the individual for whom the medication was prescribed without additional assistance or direction.

(b) Reduction of risk. -- In consultation with a school health professional, the principal of a public school that has a child attending the school who has been identified to the school as having an anaphylactic allergy shall:

(1) Monitor the strategies developed in accordance with the Maryland State school health service guidelines to reduce the risk of exposure to anaphylactic causative agents in classrooms and common areas;

(2) Designate a peanut- and tree nut-free table in the cafeteria; and

(3) Establish procedures for self-administration of medication by the child if the child is determined to be capable of and responsible for self-administration by the principal, parent or guardian of the child, and physician of the child.

(c) Revocation of authority of child to self-administer medication. -- A school may revoke the authority of a child to self-administer medication if the child endangers himself or herself or another child through misuse of the medication.

(d) Immunity. -- Except for any willful or grossly negligent act, an employee who responds in good faith to the anaphylactic reaction of a child in accordance with this section is immune from civil liability for any act or omission in the course of responding to the reaction.

(e) Waiver of liability by parent. -- If a child has authority to self-administer medication in accordance with subsection (b)(3) of this section, a local county board may require the parent or guardian of the child to sign a statement acknowledging that the school or its employee incurs no liability as a result of injury arising from self-administration by the child.

§ 7-426 - 2. Policy on use of epinephrine in public schools

(a) Definitions. --

(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.

(b) Establishment. -- 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 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 epinephrine as prescribed by an authorized licensed health care practitioner under the Health Occupations Article.

(c) Contents. -- The policy established under subsection (b) of this section shall include:

(1) Training for school personnel on how to recognize the symptoms of anaphylaxis;

(2) Procedures for the emergency administration of auto-injectable epinephrine;

(3) The proper follow-up emergency procedures; and

(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.

(d) Report. --

(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.