118 STAT. 2203 PUBLIC LAW 108–377—OCT. 30, 2004 (12) School district medication policies must be developed with the safety of all students in mind. The immediate and correct use of asthma inhalers and auto injectable epinephrine are necessary to avoid serious respiratory complications and improve health care outcomes. (13) No school should interfere with the patient physician relationship. (14) Anaphylaxis, or anaphylactic shock, is a systemic allergic reaction that can kill within minutes. Anaphylaxis occurs in some asthma patients. According to the American Academy of Allergy, Asthma, and Immunology, people who have experienced symptoms of anaphylaxis previously are at risk for subsequent reactions and should carry an epinephrine auto injector with them at all times, if prescribed. (15) An increasing number of students and school staff have life threatening allergies. Exposure to the affecting allergen can trigger anaphylaxis. Anaphylaxis requires prompt medical intervention with an injection of epinephrine. SEC. 3. PREFERENCE FOR STATES THAT ALLOW STUDENTS TO SELF ADMINISTER MEDICATION TO TREAT ASTHMA AND ANAPHYLAXIS. (a) AMENDMENTS.—Section 399L of the Public Health Service Act (42 U.S.C. 280g) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ‘‘(d) PREFERENCE FOR STATES THAT ALLOW STUDENTS TO SELF ADMINISTER MEDICATION TO TREAT ASTHMA AND ANAPHYLAXIS.— ‘‘(1) PREFERENCE.—The Secretary, in making any grant under this section or any other grant that is asthma related (as determined by the Secretary) to a State, shall give pref erence to any State that satisfies the following: ‘‘(A) IN GENERAL.—The State must require that each public elementary school and secondary school in that State will grant to any student in the school an authorization for the self administration of medication to treat that stu dent’s asthma or anaphylaxis, if— ‘‘(i) a health care practitioner prescribed the medi cation for use by the student during school hours and instructed the student in the correct and responsible use of the medication; ‘‘(ii) the student has demonstrated to the health care practitioner (or such practitioner’s designee) and the school nurse (if available) the skill level necessary to use the medication and any device that is necessary to administer such medication as prescribed; ‘‘(iii) the health care practitioner formulates a writ ten treatment plan for managing asthma or anaphylaxis episodes of the student and for medication use by the student during school hours; and ‘‘(iv) the student’s parent or guardian has com pleted and submitted to the school any written docu mentation required by the school, including the treat ment plan formulated under clause (iii) and other docu ments related to liability.
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