118 STAT. 2202 PUBLIC LAW 108–377—OCT. 30, 2004 Public Law 108–377 108th Congress An Act To give a preference regarding States that require schools to allow students to self administer medication to treat that student’s asthma or anaphylaxis, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Asthmatic Schoolchildren’s Treat ment and Health Management Act of 2004’’. SEC. 2. FINDINGS. The Congress finds the following: (1) Asthma is a chronic condition requiring lifetime, ongoing medical intervention. (2) In 1980, 6,700,000 Americans had asthma. (3) In 2001, 20,300,000 Americans had asthma; 6,300,000 children under age 18 had asthma. (4) The prevalence of asthma among African American chil dren was 40 percent greater than among Caucasian children, and more than 26 percent of all asthma deaths are in the African American population. (5) In 2000, there were 1,800,000 asthma related visits to emergency departments (more than 728,000 of these involved children under 18 years of age). (6) In 2000, there were 465,000 asthma related hospitaliza tions (214,000 of these involved children under 18 years of age). (7) In 2000, 4,487 people died from asthma, and of these 223 were children. (8) According to the Centers for Disease Control and Prevention, asthma is a common cause of missed school days, accounting for approximately 14,000,000 missed school days annually. (9) According to the New England Journal of Medicine, working parents of children with asthma lose an estimated $1,000,000,000 a year in productivity. (10) At least 30 States have legislation protecting the rights of children to carry and self administer asthma metered dose inhalers, and at least 18 States expand this protection to epinephrine auto injectors. (11) Tragic refusals of schools to permit students to carry their inhalers and auto injectable epinephrine have occurred, some resulting in death and spawning litigation. 42 USC 280g note. 42 USC 201 note. Asthmatic Schoolchildren’s Treatment and Health Management Act of 2004. Oct. 30, 2004 [H.R. 2023]
�
