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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.

        (4)    “School personnel” means individuals who are employed by a nonpublic school, including part–time employees, teachers and substitute teachers employed by the school for at least 7 days each school year, a school nurse, registered nurse case manager, delegating nurse, and administrative staff.

    (b)    Each nonpublic school in the State may establish a policy authorizing 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 signs and symptoms of anaphylaxis by a licensed health care practitioner who is authorized to administer auto–injectable epinephrine and who has been trained in an established protocol on how to recognize the signs and 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 or other licensed health care practitioner to obtain and, school personnel to store, at a nonpublic school auto–injectable epinephrine to be used in an emergency situation;

        (5)    A requirement that the nonpublic 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; and

        (6)    An ongoing process for oversight and monitoring by a licensed health care practitioner of the implementation of the policy established under subsection (b) of this section.

    (d)    Except for any willful or grossly negligent act, 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.

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