118 STAT. 2204 PUBLIC LAW 108–377—OCT. 30, 2004 ‘‘(B) SCOPE.—An authorization granted under subpara graph (A) must allow the student involved to possess and use his or her medication— ‘‘(i) while in school; ‘‘(ii) while at a school sponsored activity, such as a sporting event; and ‘‘(iii) in transit to or from school or school spon sored activities. ‘‘(C) DURATION OF AUTHORIZATION.—An authorization granted under subparagraph (A)— ‘‘(i) must be effective only for the same school and school year for which it is granted; and ‘‘(ii) must be renewed by the parent or guardian each subsequent school year in accordance with this subsection. ‘‘(D) BACKUP MEDICATION.—The State must require that backup medication, if provided by a student’s parent or guardian, be kept at a student’s school in a location to which the student has immediate access in the event of an asthma or anaphylaxis emergency. ‘‘(E) MAINTENANCE OF INFORMATION.—The State must require that information described in subparagraphs (A)(iii) and (A)(iv) be kept on file at the student’s school in a location easily accessible in the event of an asthma or anaphylaxis emergency. ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection creates a cause of action or in any other way increases or diminishes the liability of any person under any other law. ‘‘(3) DEFINITIONS.—For purposes of this subsection: ‘‘(A) The terms ‘elementary school’ and ‘secondary school’ have the meaning given to those terms in section 9101 of the Elementary and Secondary Education Act of 1965. ‘‘(B) The term ‘health care practitioner’ means a person authorized under law to prescribe drugs subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act. ‘‘(C) The term ‘medication’ means a drug as that term is defined in section 201 of the Federal Food, Drug, and Cosmetic Act and includes inhaled bronchodilators and auto injectable epinephrine. ‘‘(D) The term ‘self administration’ means a student’s discretionary use of his or her prescribed asthma or anaphylaxis medication, pursuant to a prescription or writ ten direction from a health care practitioner.’’. (b) APPLICABILITY.—The amendments made by this section shall apply only with respect to grants made on or after the date that is 9 months after the date of the enactment of this Act. SEC. 4. SENSE OF CONGRESS COMMENDING CDC FOR ITS STRATEGIES FOR ADDRESSING ASTHMA WITHIN A COORDINATED SCHOOL HEALTH PROGRAM. The Congress— (1) commends the Centers for Disease Control and Preven tion for identifying and creating ‘‘Strategies for Addressing Asthma Within a Coordinated School Program’’ for schools to address asthma; and 42 USC 280g note.
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