2006 Code of Virginia § 22.1-274.2 - Possession and self-administration of inhaled asthma medications and auto-injectable epinephrine b...

22.1-274.2. Possession and self-administration of inhaled asthmamedications and auto-injectable epinephrine by certain students.

A. Effective on July 1, 2000, local school boards shall develop and implementpolicies permitting a student with a diagnosis of asthma or anaphylaxis, orboth, to possess and self-administer inhaled asthma medications orauto-injectable epinephrine, or both, as the case may be, during the schoolday, at school-sponsored activities, or while on a school bus or other schoolproperty. Such policies shall include, but not be limited to, provisions for:

1. Written consent of the parent, as defined in 22.1-1, of a student with adiagnosis of asthma or anaphylaxis, or both, that the student mayself-administer inhaled asthma medications or auto-injectable epinephrine, orboth, as the case may be.

2. Written notice from the student's primary care provider or medicalspecialist, or a licensed physician or licensed nurse practitioner that (i)identifies the student; (ii) states that the student has a diagnosis ofasthma or anaphylaxis, or both, and has approval to self-administer inhaledasthma medications or auto-injectable epinephrine, or both, as the case maybe, that have been prescribed or authorized for the student; (iii) specifiesthe name and dosage of the medication, the frequency in which it is to beadministered and certain circumstances which may warrant the use of inhaledasthma medications or auto-injectable epinephrine, such as before exercisingor engaging in physical activity to prevent the onset of asthma symptoms orto alleviate asthma symptoms after the onset of an asthma episode; and (iv)attests to the student's demonstrated ability to safely and effectivelyself-administer inhaled asthma medications or auto-injectable epinephrine, orboth, as the case may be.

3. Development of an individualized health care plan, including emergencyprocedures for any life-threatening conditions.

4. Consultation with the student's parent before any limitations orrestrictions are imposed upon a student's possession and self-administrationof inhaled asthma medications and auto-injectable epinephrine, and before thepermission to possess and self-administer inhaled asthma medications andauto-injectable epinephrine at any point during the school year is revoked.

5. Self-administration of inhaled asthma medications and auto-injectableepinephrine to be consistent with the purposes of the Virginia School HealthGuidelines and the Guidelines for Specialized Health Care Procedure Manuals,which are jointly issued by the Department of Education and the Department ofHealth.

6. Disclosure or dissemination of information pertaining to the healthcondition of a student to school board employees to comply with 22.1-287and 22.1-289 and the federal Family Education Rights and Privacy Act of 1974,as amended, 20 U.S.C. 1232g, which govern the disclosure and disseminationof information contained in student scholastic records.

B. The permission granted a student with a diagnosis of asthma oranaphylaxis, or both, to possess and self-administer inhaled asthmamedications or auto-injectable epinephrine, or both, shall be effective forone school year. Permission to possess and self-administer such medicationsshall be renewed annually. For the purposes of this section, "one schoolyear" means 365 calendar days.

(2000, c. 871; 2005, c. 785.)