civil liability protection law
(1) Preference The Secretary, in making any grant under this section or any other grant that is asthma-related (as determined by the Secretary) to a State, shall give preference to any State that satisfies the following: (A) In general The State must require that each public elementary school and secondary school in that State will grant to any student in the school an authorization for the self-administration of medication to treat that student’s asthma or anaphylaxis, if— (i) a health care practitioner prescribed the medication for use by the student during school hours and instructed the student in the correct and responsible use of the medication; (ii) the student has demonstrated to the health care practitioner (or such practitioner’s designee) and the school nurse (if available) the skill level necessary to use the medication and any device that is necessary to administer such medication as prescribed; (iii) the health care practitioner formulates a written treatment plan for managing asthma or anaphylaxis episodes of the student and for medication use by the student during school hours; and (iv) the student’s parent or guardian has completed and submitted to the school any written documentation required by the school, including the treatment plan formulated under clause (iii) and other documents related to liability. (B) Scope An authorization granted under subparagraph (A) must allow the student involved to possess and use his or her medication— (i) while in school; (ii) while at a school-sponsored activity, such as a sporting event; and (iii) in transit to or from school or school-sponsored activities. (C) Duration of authorization An authorization granted under subparagraph (A)— (i) must be effective only for the same school and school year for which it is granted; and (ii) must be renewed by the parent or guardian each subsequent school year in accordance with this subsection. (D) Backup medication The State must require that backup medication, if provided by a student’s parent or guardian, be kept at a student’s school in a location to which the student has immediate access in the event of an asthma or anaphylaxis emergency. (E) Maintenance of information The State must require that information described in subparagraphs (A)(iii) and (A)(iv) be kept on file at the student’s school in a location easily accessible in the event of an asthma or anaphylaxis emergency. (F) School personnel administration of epinephrine or school comprehensive allergies and asthma management program (i) In general In determining the preference (if any) to be given to a State under this subsection, the Secretary shall give additional preference to a State that provides to the Secretary the certification described in subparagraph (G) and that requires that each public elementary school and secondary school in the State satisfy the criteria described in clause (ii) or clause (iii). (ii) Criteria for school personnel administration of epinephrine For purposes of clause (i), the criteria described in this clause, with respect to each public elementary school and secondary school in the State, are that each such school— (I) permits trained personnel of the school to administer epinephrine to any student of the school reasonably believed to be having an anaphylactic reaction; (II) maintains a supply of epinephrine in a secure location that is easily accessible to trained personnel of the school for the purpose of administration to any student of the school reasonably believed to be having an anaphylactic reaction; and (III) has in place a plan for having on the premises of the school during all operating hours of the school one or more individuals who are trained personnel of the school. (iii) Criteria for school comprehensive allergies and asthma management program For purposes of clause (i), the criteria described in this clause, with respect to each public elementary school and secondary school in the State, are that each such school— (I) has in place a plan for having on the premises of the school during all operating hours of the school a school nurse or one or more other individuals who are designated by the principal (or other appropriate administrative staff) of the school to direct and apply the program described in subclause (II) on a voluntary basis outside their scope of employment; and (II) has in place, under the direction of a school nurse or other individual designated under subclause (I), a comprehensive school-based allergies and asthma management program that includes— (aa) a method to identify all students of such school with a diagnosis of allergies and asthma; (bb) an individual student allergies and asthma action plan for each student of such school with a diagnosis of allergies and asthma; (cc) allergies and asthma education for school staff who are directly responsible for students who have been identified as having allergies or asthma, such as education regarding basics, management, trigger management, and comprehensive emergency responses with respect to allergies and asthma; (dd) efforts to reduce the presence of environmental triggers of allergies and asthma; and (ee) a system to support students with a diagnosis of allergies or asthma through coordination with family members of such students, primary care providers of such students, primary asthma or allergy care providers of such students, and others as necessary. (G) Civil liability protection law The certification required in subparagraph (F) shall be a certification made by the State attorney general that the State has reviewed any applicable civil liability protection law to determine the application of such law with regard to elementary and secondary school trained personnel who may administer epinephrine to a student reasonably believed to be having an anaphylactic reaction and has concluded that such law provides adequate civil liability protection applicable to such trained personnel. For purposes of the previous sentence, the term “civil liability protection law” means a State law offering legal protection to individuals who give aid on a voluntary basis in an emergency to an individual who is ill, in peril, or otherwise incapacitated.
Source
42 USC § 280g(d)(1)
Scoping language
None identified, default scope is assumed to be the parent (part P) of this section.