Chapter 830
AN ACT
SB 1040
Relating to students with chronic illnesses;
and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. (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
(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 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;
(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) 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 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.
(6) This section does
not apply to youth correctional facilities.
SECTION 2. (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 of medication, as described in section 1 of this 2007 Act,
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 assists the student’s self-administration of the
medication 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. (1) Section 1 of this 2007 Act first applies
to the 2008-2009 school year.
(2) Section 2 of this
2007 Act applies to causes of action arising on or after July 1, 2008.
SECTION 4. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on July 1, 2007.
Approved by the Governor July 17, 2007
Filed in the office of Secretary of State July 19, 2007
Effective date July 17, 2007
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