Pupil health: self-administration of prescribed asthma medication.

Existing law authorizes a school nurse or other designated school personnel to assist any pupil who is required to take, during the regular schoolday, medication prescribed for the pupil by a physician or surgeon if the school district receives specified written statements from the physician or surgeon and from the parent, foster parent, or guardian of the pupil. Existing law authorizes a pupil to carry and self-administer prescription inhaled asthma medication, if the school district receives (1) a written statement from a physician or surgeon detailing the name of the medication, method, amount, and time schedules by which the medication is to be taken, and confirming that the pupil is able to self-administer inhaled asthma medication and (2) specified written statements from the parent, foster parent, or guardian of the pupil, including releasing the school district and school personnel from civil liability if the self-administering pupil suffers an adverse reaction by taking the asthma medication. The Knox-Keene Health Care Service Plan Act of 1975 provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law requires a prepaid health plan operating lawfully under the laws of Mexico that elects to operate a health care service plan in this state to apply for licensure as a health care service plan. This bill would require a school district to accept a written statement provided by a physician or surgeon relating to a pupil carrying and self-administering inhaled asthma medication, from a physician or surgeon who is contracted with a prepaid health plan operating lawfully under the laws of Mexico that is licensed as a health care service plan in this state. The bill would require that written statement to be provided in both English and Spanish and to include the name and contact information for the physician or surgeon. The bill would provide that a school nurse or other school personnel shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for their acts or omissions relating to a pupil self-administering inhaled asthma medication in accordance with a written statement from such a physician or surgeon. The bill would also provide that a school district shall not be subject to civil liability if a pupil self-administering inhaled asthma medication in accordance with a written statement from such a physician or surgeon suffers an adverse reaction.