2018 Maryland Code
Education
Division II - Elementary and Secondary Education
Title 7 - Public Schools
Subtitle 4 - Health and Safety of Students
§ 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 ยง 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;
(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.
(d) Immunity of nurse or personnel. -- 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) 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.
