Bill addresses students' ability to self-medicate
6/3/03 -- Legislation under consideration in Congress would encourage states to allow children with asthma to carry their own medication and use it when needed.
The Asthmatic Schoolchildren's Treatment and Health Management Act (H.R. 2023) was introduced by Reps. Cliff Stearns (R-Fla.) and Patrick Kennedy (D-R.I.).
The bill calls for the Health and Human Services Department to give a preference when making asthma-related grants to states that allow students to give themselves medications to treat asthma or anaphylaxis.
Anaphylaxis is a systemic allergic reaction, sometimes life threatening. Asthma often arises from allergies, so the two conditions are related.
NSBA generally supports the goal of H.R. 2023 but opposes this specific legislation, says Associate Executive Director Michael A. Resnick.
In a May 22 letter to members of Congress, Resnick says, NSBA "has serious reservations about the federal government directing or getting involved in individual health issues and the precedent such legislation sets for the local governance of public schools." This bill "would drive and possibly dictate the creation of state law, remove local school authority on this issue, and place additional mandates, quasi-mandates, and administrative burdens on local school districts."
In order for students to be allowed to self-medicate, the bill says students must demonstrate that they know how to do this, the school health care practitioner must develop a written plan for managing students' asthma or anaphylaxis episodes, and parents must give written consent.
However, NSBA believes the bill doesn't go far enough to protect schools, school personnel, and other students from liability concerns arising from self-medication. While the bill reflects improvements from an earlier draft, Resnick says, it still "unnecessarily exposes school districts, school personnel, students, and parents to increased risk of liability and related lawsuits."
School districts and school personnel would be open to liability if students give themselves medication incorrectly or give medication to another student.
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| Reproduced with permission from the June 3, 2003, issue of School Board News. Copyright © 2003, National School Boards Association. Opinions expressed in this newspaper do not necessarily reflect positions of NSBA. This article may be printed out and photocopied for individual or educational use, provided this copyright notice appears on each copy. This article may not be otherwise transmitted or reproduced in print or electronic form without the consent of the Publisher. For more information, call (703) 838-6789. |