OLR Bill Analysis

sSB 755 (File 710, as amended by Senate "A")*

AN ACT CONCERNING THE USE OF ASTHMATIC INHALERS AND EPINEPHRINE AUTO-INJECTORS WHILE AT SCHOOL.

SUMMARY:

This 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. It permits licensed athletic trainers employed by a school board to administer medication to students under the general supervision of a school nurse.

Finally, the bill requires school boards to make their plans for managing students with life-threatening food allergies publicly available on the Internet or otherwise.

*Senate Amendment “A” (1) changes the effective date to August 15, 2009 from October 1, 2009, (2) eliminates respiratory care therapists from the health care providers who can authorize a student's use of an inhaler, (3) eliminates a requirement that mandated periodic school health assessments indicate whether a child has been certified to use an inhaler or epipen at school, (4) adds out-of-state doctors and reinstates out-of-state dentists, and (5) adds the requirement for public availability of school plans for students with life-threatening food allergies.

EFFECTIVE DATE: August 15, 2009

REGULATIONS ON STUDENTS' ASTHMA AND ALLERGIES

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 a child diagnosed with asthma or allergies to possess an inhaler or epipen at school if a parent or guardian submits to the school nurse authorization to that effect signed by the parent or guardian and a health care provider who can prescribe medication.

Current law already requires the regulations to require a written order from a doctor, physician assistant, dentist, APRN, podiatrist, or optometrist and written authorization by a parent to authorize school personnel or a student to administer or self-administer a medication. The bill adds physicians licensed in another state to this list of authorizing practitioners. Out-of-state dentists are already authorized.

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, willful, or wanton negligence.

LOCAL FOOD ALLERGY RESPONSE PLANS

The law requires school boards to develop and implement plans for managing students with life-threatening food allergies. The bill requires them to make their plans available on the board's or each school's website, or, if such websites do not exist, by some other means it selects. It also requires boards to provide notice about the plans along with the written statement about pesticide applications they must, by law, provide parents and guardians. School superintendents must attest annually to the State Education Department that their districts are implementing these plans.

COMMITTEE ACTION

Public Health Committee

Joint Favorable Substitute Change of Reference

Education Committee

Joint Favorable Substitute