§302A-1164  Self-administration of
medication by student and emergency administration permitted.  (a)  The
department shall permit:



(1)  The self-administration of medication by a
student for asthma, anaphylaxis, or other potentially life‑threatening
illnesses; and



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



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



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



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



(A)  Has asthma, anaphylaxis, or another
potentially 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 of
glucagon to a student with diabetes, written certification from the student's
physician or physician assistant stating that the student has medical orders
that glucagon may be administered by a volunteer.



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



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



(1)  The department and its employees or agents shall
not incur any liability as a result of any injury arising from compliance with
this section; and



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



(e)  The permission shall be effective for the
school year for which it is granted and shall be renewed for each subsequent
school 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 section
shall be permitted to carry an inhaler or auto‑injectable epinephrine, or
both, at all times if the student does not endanger the student's person or
other persons through the misuse of the inhaler; provided that the department,
its employees or agents may confiscate a student's medication, inhaler, or
auto-injectable epinephrine if the student's self‑administration of the
medication exceeds the student's prescribed dosage, or if the student endangers
others 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 powder
inhalers; and



(2)  Spacers and holding chambers.



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



(h)  Any person, except for a qualified health
care professional providing the training required in subsection (g), who acts
in accordance with the requirements of this section shall be immune from any
civil or criminal liability arising from these acts, except where the person's
conduct would constitute gross negligence, wilful and wanton misconduct, or
intentional misconduct. [L 2004, c 19, §1; am L 2005, c 207, §1; am L 2009, c
151, §10]