§302A-1164  Self-administration ofmedication by student and emergency administration permitted.  (a)  Thedepartment shall permit:

(1)  The self-administration of medication by astudent for asthma, anaphylaxis, or other potentially life‑threateningillnesses; and

(2)  Department employees and agents to volunteer toadminister glucagon in an emergency situation to students with diabetes.

(b)  The student's parent or guardianshall provide the department with:

(1)  Written authorization for the self-administrationof medication or the emergency administration of glucagon;

(2)  In the case of self‑administration ofmedication, written certification from the student's physician or physicianassistant stating that the student:

(A)  Has asthma, anaphylaxis, or anotherpotentially life-threatening illness; and

(B)  Is capable of, and has been instructed in,the proper method of self-administration of medication; and

(3)  In the case of emergency administration ofglucagon to a student with diabetes, written certification from the student'sphysician or physician assistant stating that the student has medical ordersthat glucagon may be administered by a volunteer.

(c)  The department shall inform the student'sparent or guardian in writing that the department and its employees or agentsshall not incur any liability as a result of any injury arising from compliancewith this section.

(d)  The student's parent or guardian shallsign a statement acknowledging that:

(1)  The department and its employees or agents shallnot incur any liability as a result of any injury arising from compliance withthis section; and

(2)  The parent or guardian shall indemnify and holdharmless the department and its employees or agents against any claims arisingout of compliance with this section.

(e)  The permission shall be effective for theschool year for which it is granted and shall be renewed for each subsequentschool year upon the fulfillment of the requirements in this section.

(f)  Notwithstanding any other law to the contrary,a student who is permitted to self-administer medication under this sectionshall be permitted to carry an inhaler or auto‑injectable epinephrine, orboth, at all times if the student does not endanger the student's person orother persons through the misuse of the inhaler; provided that the department,its employees or agents may confiscate a student's medication, inhaler, orauto-injectable epinephrine if the student's self‑administration of themedication exceeds the student's prescribed dosage, or if the student endangersothers with the student's medication, inhaler, or auto-injectable epinephrine.

For the purposes of this section, the term"inhaler" includes:

(1)  Metered-dose, breath-actuated, and dry powderinhalers; and

(2)  Spacers and holding chambers.

(g)  Any employee or agent who volunteers toadminister glucagon in an emergency situation to a student with diabetes shallreceive instruction in the proper administration of glucagon by a qualifiedhealth care professional.  A "qualified health care professional"means a licensed physician, physician assistant, advanced practice registerednurse or registered nurse, or certified diabetes educator.  The student'sparent or guardian shall supply the school with the glucagon kit required to administerthe glucagon.  The school shall store the glucagon kit in a secure butaccessible location.

(h)  Any person, except for a qualified healthcare professional providing the training required in subsection (g), who actsin accordance with the requirements of this section shall be immune from anycivil or criminal liability arising from these acts, except where the person'sconduct would constitute gross negligence, wilful and wanton misconduct, orintentional misconduct. [L 2004, c 19, §1; am L 2005, c 207, §1; am L 2009, c151, §10]