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Statutes Text

Article - Education


    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Anaphylaxis” means a sudden, severe, and potentially life–threatening allergic reaction that occurs when an individual is exposed to an allergen.

        (3)    “Auto–injectable epinephrine” means a portable, disposable drug delivery device that contains a premeasured single dose of epinephrine that is used to treat anaphylaxis in an emergency situation.

    (b)    Each county board shall establish a policy for public schools within its jurisdiction to authorize the school nurse and other school personnel to administer auto–injectable epinephrine, if available, to a student who is determined to be or perceived to be in anaphylaxis, regardless of whether the student:

        (1)    Has been identified as having an anaphylactic allergy, as defined in § 7–426.1 of this subtitle; or

        (2)    Has a prescription for epinephrine as prescribed by an authorized licensed health care practitioner under the Health Occupations Article.

    (c)    The policy established under subsection (b) of this section shall include:

        (1)    Training for school personnel on how to recognize the symptoms of anaphylaxis;

        (2)    Procedures for the emergency administration of auto–injectable epinephrine;

        (3)    The proper follow–up emergency procedures;

        (4)    A provision authorizing a school nurse to obtain and store at a public school auto–injectable epinephrine to be used in an emergency situation; and

        (5)    A requirement that each public school develop and implement a method for notifying the parents or guardians of students of the school’s policy under this section at the beginning of each school year.

    (d)    Except for any willful or grossly negligent act, a school nurse or other school personnel who respond in good faith to the anaphylactic reaction of a child in accordance with this section may not be held personally liable for any act or omission in the course of responding to the reaction.

    (e)    (1)    Each public school shall submit, on the form that the Department requires, a report to the Department on each incident at the school or at a related school event that required the use of auto–injectable epinephrine.

        (2)    The Department shall develop and disseminate a standard form to report each incident requiring the use of auto–injectable epinephrine at a public school.

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