Asthmatic students allowed to self-medicate

10/26/04 — A bill passed by Congress and sent to the President for signing would encourage schools to allow asthmatic students to carry and administer their own medication.

The Senate approved the Asthmatic Schoolchildren’s Treatment and Health Management Act (H.R.2023) Oct. 11 before it recessed for the election. The House approved it Oct. 5.

The bill urges states to pass “right-to-carry” legislation and directs the Health and Human Services Department to give preference to states with such laws when awarding grants for asthma-related programs.

According to the bill, at least 30 states already have legislation protecting the rights of asthmatic children to carry and self-administer metered-dose inhalers, and at least 18 states expand this protection to epinephrine auto-injectors.

Rep. Cliff Stearns, (R-Fla.), who sponsored the measure with Rep. Patrick Kennedy, (D-R.I.), says the zero-tolerance antidrug movement of the 1980s had “the unintended consequence of depriving students of immediate access to their prescribed medication.”

In many states, students are required to keep all medications locked in a nurse’s or administrator’s office. In the case of children with asthma and anaphylaxis, even a brief delay in retrieving emergency medications can be fatal.

“NSBA supports the goal of H.R.2023 to ensure that students have immediate access to such medications in the event of a medical emergency,” says Deborah Rigsby, director of federal legislation at NSBA.

“However,” she adds, concerns arise about the potential liability for school districts, school personnel, students, and parents if students give themselves medication incorrectly or give medication to another student.”