Bill Text: OR HB4019 | 2012 | Regular Session | Introduced

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Bill Title: Relating to students; prescribing an effective date.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4019 Detail]

Download: Oregon-2012-HB4019-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 62

                         House Bill 4019

Sponsored by Representative SCHAUFLER (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires school district boards to allow certain medications to
be kept in student's classroom if requested by student's parent
or guardian.
  Requires school district boards to ensure that appropriate
number of school personnel receive educational training related
to use of autoinjectable epinephrine.
  Takes effect July 1, 2012.

                        A BILL FOR AN ACT
Relating to students; creating new provisions; amending ORS
  339.866 and 339.871; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 339.866 is amended to read:
  339.866. (1) As used in this section:
  (a) 'Asthma' means a chronic inflammatory disorder of the
airways that requires ongoing medical intervention.
  (b) 'Medication' means any prescription for bronchodilators or
autoinjectable epinephrine prescribed by a student's Oregon
licensed health care professional for asthma or severe allergies.
  (c) 'Severe allergy' means a life-threatening hypersensitivity
to a specific substance such as food, pollen or dust.
  (2) A school district board shall adopt policies and procedures
that provide for self-administration of medication by
kindergarten through grade 12 students with asthma or severe
allergies:
  (a) In school;
  (b) At a school-sponsored activity;
  (c) While under the supervision of school personnel;
  (d) In before-school or after-school care programs on
school-owned property; and
  (e) In transit to or from school or school-sponsored
activities.
  (3) The policies and procedures shall:
  (a) Require that an Oregon licensed health care professional
prescribe the medication to be used by the student during school
hours and instruct the student in the correct and responsible use
of the medication;
  (b) Require that an Oregon licensed health care professional,
acting within the scope of the person's license, formulate a
written treatment plan for managing the student's asthma or

severe allergy and for the use of medication by the student
during school hours;
  (c) Require that the parent or guardian of the student submit
to the school any written documentation required by the school,
including any documents related to liability;
  (d) Require that backup medication, if provided by a student's
parent or guardian, be kept   { - at - }  { + :
  (A) At a location in + } the student's school   { - in a
location - }  to which the student has immediate access in the
event the student has an asthma or severe allergy emergency; { +
or
  (B) In the student's classroom, if requested in writing by the
student's parent or guardian; + }
  (e) Require that a school request from the student's parent or
guardian that the parent or guardian provide medication for
emergency use by the student;   { - and - }
   { +  (f) Require that the appropriate number of school
personnel at each school, as determined under subsection (5) of
this section, receive educational training to enable the school
personnel to:
  (A) Assist a student with a severe allergy with
self-administration of autoinjectable epinephrine; or
  (B) Administer autoinjectable epinephrine if a student with a
severe allergy is unable to self-administer the medication;
and + }
    { - (f) - }   { + (g) + } Allow a school to revoke its
permission for a student to self-administer medication if the
student does not responsibly self-administer the medication or
abuses the use of the medication.
  (4) A school district board may impose other policies and
procedures that the board determines are necessary to protect a
student with asthma or a severe allergy.
   { +  (5)(a) The State Board of Education shall establish by
rule the ratio of the number of students to the number of school
personnel who must receive educational training to enable the
school personnel to:
  (A) Assist a student with a severe allergy with
self-administration of autoinjectable epinephrine; or
  (B) Administer autoinjectable epinephrine if a student with a
severe allergy is unable to self-administer the medication. + }
    { - (5) - }   { + (b) + } A school district board may not
require school personnel who have not received appropriate
training to assist a student with asthma or a severe allergy with
self-administration of medication { +  or to administer
autoinjectable epinephrine if a student with a severe allergy is
unable to self-administer the medication + }.
  (6) This section does not apply to youth correctional
facilities.
  SECTION 2. ORS 339.871 is amended to read:
  339.871. (1) A school administrator, school nurse, teacher or
other school employee designated by the school administrator is
not liable in a criminal action or for civil damages as a result
of a student's   { - self-administration - }   { + use + } of
medication, as described in ORS 339.866, if the school
administrator, school nurse, teacher or other school employee, in
compliance with the instructions of the student's Oregon licensed
health care professional, in good faith { + :
  (a) + } Assists the student's self-administration of the
medication { + , if the medication is available to the
student + } pursuant to written permission and instructions of
the student's parent, guardian or Oregon licensed health care
professional  { - . - }  { + ; or
  (b) Administers autoinjectable epinephrine to a student with a
severe allergy who is unable to self-administer the medication,
if the school administrator, school nurse, teacher or other
school employee has received educational training related to the
use of autoinjectable epinephrine and the autoinjectable
epinephrine is available for the student pursuant to written
permission and instructions of the student's parent, guardian or
Oregon licensed health care professional. + }
  (2) The civil and criminal immunities imposed by this section
do not apply to an act or omission amounting to gross negligence
or willful and wanton misconduct.
  SECTION 3.  { + The amendments to ORS 339.866 and 339.871 by
sections 1 and 2 of this 2012 Act first apply to the 2012-2013
school year. + }
  SECTION 4.  { + This 2012 Act takes effect on July 1, 2012. + }
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