2010 Maryland Code
EDUCATION
TITLE 7 - PUBLIC SCHOOLS
Subtitle 4 - Health and Safety of Students
Section 7-426.1 - Children with anaphylactic allergies.

§ 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. 
 

[2009, ch. 652; 2010, ch. 72.]