2017 Maryland Code
Division II - Elementary and Secondary Education
Title 7 - Public Schools
Subtitle 4 - Health and Safety of Students
§ 7-421. Use of asthma drugs and related medication.

Universal Citation: MD Educ Code § 7-421 (2017)
  • (a) Definitions. --
    • (1) In this section the following words have the meanings indicated.
    • (2) "Health practitioner" means a physician or other individual authorized by law to prescribe prescription drugs or devices.
    • (3) "Medication" means an asthma inhaler or other emergency drug that is dispensed for a student only on the prescription of a health practitioner and pertains to the student's asthma or other airway-constricting disease.
    • (4) "Self-administer" means the application or consumption of medication in a manner directed by the health practitioner without additional assistance or direction.
  • (b) In general. --
    • (1) Subject to the provisions of this subsection, each public school system shall adopt a written policy authorizing a student to possess and self-administer medication while:
      • (i) In school;
      • (ii) At school-sponsored activities; or
      • (iii) On a school bus or other school property.
    • (2)
      • (i) A student who self-administers medication must have a prior written order from the student's health care provider and, if the student is a minor, the prior written approval of the student's parent or guardian.
      • (ii) The health care provider's order must be maintained in the student's educational record at the school.
    • (3) A student's parent or guardian must obtain written verification from the student's health care provider confirming that the student has the knowledge and skills to safely possess and self-administer the medication.
    • (4) The written statements required under this subsection shall be provided to the school at least annually.
    • (5) The school nurse shall assess the student's ability to demonstrate the skill level necessary to ensure proper and effective use of the medication in school.
    • (6) A student may be subject to disciplinary action if the student does not use the medication in a safe and proper manner.
  • (c) State guidelines. -- The Department shall provide each public school system with written State guidelines to implement this section.
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