Okla. Stat. tit. 70, § 70-1-116.3

medication – School board epinephrine injector policy.

A. Notwithstanding the provisions of Section 1-116.2 of this

title, the board of education of each school district shall adopt a

policy on or before September 1, 2008, that permits the self-

administration of inhaled asthma medication by a student for

treatment of asthma, the self-administration of anaphylaxis

medication by a student for treatment of anaphylaxis and the self-

administration of replacement pancreatic enzymes by a student for

treatment of cystic fibrosis. The policy shall require:

1. The parent or guardian of the student to authorize in

writing the student's self-administration of medication;

2. The parent or guardian of the student to provide to the

school a written statement from the physician treating the student

that the student has asthma, anaphylaxis or cystic fibrosis and is

capable of, and has been instructed in the proper method of, self-

administration of medication;

3. The parent or guardian of the student to provide to the

school an emergency supply of the student's medication to be

administered pursuant to the provisions of Section 1-116.2 of this

title;

4. The school district to inform the parent or guardian of the

student, in writing, that the school district and its employees and

agents shall incur no liability as a result of any injury arising

from the self-administration of medication by the student; and

5. The parent or guardian of the student to sign a statement

acknowledging that the school district shall incur no liability as a

result of any injury arising from the self-administration of

medication by the student.

B. The school board of each school district that elects to

stock Epinephrine or inhalers shall amend the policy identified in

subsection A of this section.

1. The amended policy for Epinephrine shall require:

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a. the school district to inform the parent or guardian

of each student, in writing, that a school nurse or

school employee trained by a health care professional

or trained pursuant to subsection G of this section

may administer Epinephrine to a student whom the

school nurse or trained school employee in good faith

believes is having an anaphylactic reaction,

b. a waiver of liability executed by a parent or guardian

be on file with the school district prior to the

administration of Epinephrine pursuant to paragraph 1

of this subsection, and

c. the school district to designate the employee

responsible for obtaining the Epinephrine at each

school site.

2. The amended policy for inhalers shall require:

a. the school district to inform the parent or guardian

of each student, in writing, that a school nurse or

school employee trained by a health care professional

may administer an inhaler to a student whom the school

nurse or trained school employee in good faith

believes is having respiratory distress,

b. the school district to designate the employee

responsible for obtaining the inhalers and spacers or

holding chambers at each school site, and

c. the school district to notify the parent or guardian

of a student after administration of an inhaler.

C. The school district and its employees and agents shall incur

no liability as a result of any injury arising pursuant to the

discharge or nondischarge of the powers provided for pursuant to

subparagraph a of paragraphs 1 and 2 of subsection B of this

section.

D. A licensed physician who has prescriptive authority may

write a prescription for Epinephrine and inhalers and spacers or

holding chambers to the school district in the name of the district

as a body corporate specified in Section 5-105 of this title which

shall be maintained at each school site. Such physician shall incur

no liability as a result of any injury arising from the use of

Epinephrine or the inhalers and spacers or holding chambers.
ay

write a prescription for Epinephrine and inhalers and spacers or

holding chambers to the school district in the name of the district

as a body corporate specified in Section 5-105 of this title which

shall be maintained at each school site. Such physician shall incur

no liability as a result of any injury arising from the use of

Epinephrine or the inhalers and spacers or holding chambers.

E. The school district may maintain at each school a minimum of

two Epinephrine devices and two inhalers with spacers or holding

chambers in a secure location. Provided, however, that nothing in

this section shall be construed as creating or imposing a duty on a

school district to maintain Epinephrine injectors or inhalers with

spacers or holding chambers at a school site or sites.

F. In the event a student is believed to be having an

anaphylactic reaction or respiratory distress, a school employee

shall contact 911 as soon as possible. If Epinephrine is

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administered to a student, a school employee shall contact 911 as

soon as possible. The school district shall notify the parent or

guardian of any student who experiences a possible allergic reaction

as soon as possible.

G. The State Board of Education, in consultation with the State

Board of Health, shall develop model policies which school districts

shall use in compliance with this section. The model policies shall

include, at a minimum, required annual training for teachers and

school employees who are directly responsible for students on the

topics of food allergies, recognizing anaphylaxis, and instruction

on how to administer Epinephrine. The training shall be completed

before the school year begins or upon hiring the teacher or school

employee. Documentation certifying completion of the required

training shall be retained in the personnel file of the teacher or

school employee. The training may be provided online or in person

by the school nurse or a recognized food allergy and anaphylaxis

training program.

H. The State Board of Education, in consultation with the State

Board of Health, shall promulgate rules to implement this section.

I. As used in this section:

1. "Medication" means a metered dose inhaler or a dry powder

inhaler to alleviate asthmatic symptoms, prescribed by a physician

and having an individual label, an anaphylaxis medication used to

treat anaphylaxis including but not limited to Epinephrine

prescribed by a physician and having an individual label, or

replacement pancreatic enzymes prescribed by a physician and having

an individual label;

2. "Self-administration" means a student's use of medication

pursuant to prescription or written direction from a physician;

3. "Respiratory distress" means the perceived or actual

presence of coughing, wheezing or shortness of breath; and

4. "Inhaler" means a device that delivers a bronchodilator to

alleviate symptoms of respiratory distress that is manufactured in

the form of a metered-dose inhaler or dry-powder inhaler and that

may include a spacer or holding chamber that attaches to the inhaler

to improve the delivery of the bronchodilator.

J. The permission for self-administration of asthma,

anaphylaxis or replacement pancreatic enzyme medication is effective

for the school year for which it is granted and shall be renewed

each subsequent school year upon fulfillment of the requirements of

this section.

K. A student who is permitted to self-administer asthma,

anaphylaxis or replacement pancreatic enzyme medication pursuant to

this section shall be permitted to possess and use a prescribed

inhaler, anaphylaxis medication including but not limited to

Epinephrine, or replacement pancreatic enzyme medication at all

times.

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