OLR Bill Analysis
AN ACT CONCERNING THE USE OF ASTHMATIC INHALERS AND EPINEPHRINE AUTO-INJECTORS WHILE AT SCHOOL.
This bill permits children to possess asthma inhalers and automatic prefilled cartridge injectors used to treat allergic reactions (commonly called “epipens”) in school if a health care provider certifies they need to use them. It requires mandated periodic school health assessments to indicate whether a child has received such certification.
The bill requires, rather than allows, the State Education Department (SDE) to adopt regulations governing medication administration by school personnel and student self-administration. It specifies that the latter must address students using asthmatic inhalers and epipens. Finally, the bill permits licensed athletic trainers employed by a school board to administer medication to students under the general supervision of a school nurse.
EFFECTIVE DATE: October 1, 2009
ADDRESSING STUDENTS' ASTHMA AND ALLERGIES
Possessing Inhalers and Epipens at School
The bill allows a student diagnosed with asthma or an allergic condition to carry an inhaler or an epipen or similar device in school if the student:
1. is under the care of physician, physician assistant, or advanced practice registered nurse (APRN) or, in the case of a student with asthma, a respiratory care practioner and
2. the practitioner certifies in writing to the student's school board that the student needs to keep an inhaler or epipen at all times to ensure his or her prompt treatment.
Asthma and Allergies in Mandated School Health Assessments
The law requires students to have a health assessment three times during their school careers—before enrolling in school, in sixth or seventh grade, and in ninth or tenth grade. Current law requires the assessment form to include a checkbox for the provider to indicate if the child has asthma. The bill requires the checkbox also to indicate whether the student has (1) any allergies and (2) been issued a certificate concerning the use of an inhaler or epipen.
Medication Administration Regulations
School boards do not have to allow medication administration by school personnel and students' self-medication, but if they do they must follow state regulations. The bill requires, rather than permits, SDE to adopt such regulations. (The Public Health Code already contains such regulations (10-212a-1 to -7). ) It requires the regulations on self-administration to include permitting children diagnosed with asthma or allergies to possess inhalers or epipens at school if they have followed the bill's provisions for a qualified provider's written certification.
Under current law, the regulations must require a written order from a doctor, physician assistant, dentist, APRN, podiatrist, or optometrist authorizing school personnel or a student to administer or self-administer a medication. The bill adds respiratory care practitioners to this list.
The bill removes dentists licensed in another state from this list of authorizing practitioners, but a related statute (CGS §10-212a (a)(2)) still allows them to write orders for medication administration.
MEDICATION ADMINISTRATION BY ATHLETIC TRAINERS
The bill adds licensed athletic trainers employed by a school board to the list of school personnel who may administer medications to students under a school nurse's general supervision. By law, these personnel are immune from civil liability for any acts or omissions in administering medication, unless they constituted gross, wilful, or wanton negligence.
COMMITTEE ACTION
Public Health Committee
Joint Favorable Substitute Change of Reference
Yea |
30 |
Nay |
0 |
(03/04/2009) |
Education Committee
Joint Favorable Substitute
Yea |
30 |
Nay |
0 |
(04/01/2009) |