Bill Text: GA SB8 | 2009-2010 | Regular Session | Engrossed
Bill Title: Student Health; provide for possession/self-administration of auto-injectable epinephrine by students
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2009-07-01 - Effective Date [SB8 Detail]
Download: Georgia-2009-SB8-Engrossed.html
09 LC 33
2721
Senate
Bill 8
By:
Senators Murphy of the 27th, Hawkins of the 49th, Williams of the 19th and
Thomas of the 54th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to student health in elementary and secondary
education, so as to provide for possession and self-administration of
auto-injectable epinephrine by students; to provide for a definition; to provide
for local board of education policies; to provide for requirements and
conditions; to provide for disciplinary action for misuse of auto-injectable
epinephrine; to provide for limited liability; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to student health in elementary and secondary education, is
amended by adding a new Code section to read as follows:
"20-2-776.
(a)
As used in this Code section, the term 'auto-injectable epinephrine' means a
disposable drug delivery device that is easily transportable and contains a
premeasured single dose of epinephrine used to treat life-threatening allergic
reactions.
(b)
Each local board of education shall adopt a policy authorizing a student to
carry and self-administer prescription auto-injectable epinephrine. Such policy
shall provide that in order to carry and self-administer prescription
auto-injectable epinephrine, the student's parent or guardian shall
provide:
(1)
A written statement from a physician licensed under Chapter 34 of Title 43
detailing the name of the medication, method, amount, and time schedules by
which the medication is to be taken, and confirming that the student is able to
self-administer auto-injectable epinephrine; and
(2)
A written statement by the parent or guardian consenting to the
self-administration, providing a release for the school nurse or other
designated school personnel to consult with the physician regarding any
questions that may arise with regard to the medication, and releasing the school
system and its employees and agents from civil liability if the
self-administering student suffers an adverse reaction as a result of
self-administering auto-injectable epinephrine pursuant to this Code
section.
The
written statements specified in this subsection shall be provided at least
annually and more frequently if the medication, dosage, frequency of
administration, or reason for administration changes.
(c)
The policy adopted pursuant to subsection (b) of this Code section shall include
provisions to protect the safety of all students from the misuse or abuse of
auto-injectable epinephrine.
(d)
Any student who is authorized for self-administration of epinephrine pursuant to
this Code section may possess and use auto-injectable epinephrine:
(1)
While in school;
(2)
At a school sponsored activity;
(3)
While under the supervision of school personnel; or
(4)
While in before-school or after-school care on school operated
property.
(e)
A student may be subject to disciplinary action if he or she uses
auto-injectable epinephrine in a manner other than as prescribed.
(f)
A local school system and its employees and agents shall incur no liability
other than for willful or wanton misconduct for any injury to a student caused
by his or her use of auto-injectable
epinephrine."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.
