Asthma

Asthma is a chronic lung disease with recurring symptoms, including wheezing, breathlessness, chest tightness, and coughing. Almost 9% of children and 7% of adults in the United States have asthma, and it is more common among the poor and certain minority groups. While asthma can be controlled by taking medicine and avoiding triggers that can cause an attack, it is also improved by removing environmental triggers that can make symptoms worse. The following state statutes seek to improve conditions for populations with asthma.

• Asthmatic School-children’s Treatment and Health Management Act of 2004pdf icon[PDF-127KB]external icon(2004). Gives preference to States that require schools to allow students to self-administer medication to treat a student’s asthma and for other purposes.
• Alabama Education Code 16-1-39external icon (2004). Alabama code authorizing self-administration of asthma medication by students with written parental authorization, and written authorization from physician.
• California Education Code § 49422-49427external icon. California code allows for pupils to carry and self-administer medication by providing written statements from both physician and parent.
• Florida Education Code § 1002.20 (h)external icon (2002). Florida code allows for pupils to carry and self-administer medication by providing written statements from both physician and parent.
• Official Code of Georgia Annotated § 20–2-774external icon (2008). A Georgia statute authorizing students to self-administer asthma medication, pursuant to local adopted school policies.
• 105 Illinois Comp Stat § 5/22–30pdf icon[PDF-209KB] (2003). Illinois code that permits students with asthma to self-administer asthma medication in school with written authorization provided by both physician and parent.
• Kentucky Rev Stat Ann § 158–834–158.836pdf icon[PDF-7KB]external icon (Michie 2002). Allows a student to possess and administer asthma medication with written authorization from the student’s health provider. A copy of a signed waiver from the guardian acknowledging that the school will not be held liable in any claims relating to the self-administration of medicines to treatment asthma or asthma related illnesses must be furnished to the school.
• Maine 2003 Me Laws 531external icon. Allows students to possess inhalers and self-administer asthma medication with written verification provided by both physician and parent.
• Mass. Gen. Laws ch. 71, § 54Bexternal icon. Mandates that the department of public health shall disseminate regulations concerning the administration of prescription medications, and allows students with asthma and other respiratory diseases to possess and self-administer prescription medication in accordance with the department of public health regulations.
• Michigan Comp Laws Ann 380.1179external icon (West 2002). Permits school children to carry inhalers and self-administer medication if they suffer from asthma, providing written approval from a physician and parent is given to the school.
• Minnesota Statute § 121A.22–121A.221external icon (2002). Allows pupils to possess and self-administer prescribed asthma medication if school personnel has received written authorization from the pupil’s parent permitting the student to self-administer and the inhaler is properly labeled.
• Missouri Rev Stat § 167.627external icon (West 2002). Allows school board to permit students to self-carry and self-administer if they suffer from asthma or other potentially life threatening respiratory conditions. A written approval from physician and parent is required.
• New Jersey Stat Ann § 18A:40–12.3external icon (West 2002). Requires education boards to develop policies for the self-administration of asthma medication through the use of an inhaler while at school. Written consent from the attending physician and parent is required.
• New Mexico § 22-5-4.3[PDF-31KB]pdf iconexternal icon. Allows students to carry and self-administer asthma medication and emergency anaphylaxis medication.
• New York Educ Law § 916external icon (McKinney 2002). Permits students to carry and use prescribed asthma inhaler during the school with written permission from health care provider and parent.
• Ohio Rev Code Ann § 3313.716external icon (2004). Provides guidelines and conditions for students’ to possess and use asthma inhalers while in school. Requires written permission from health care provider and parent are required. Provide school employees immunity from liability for damages in a civil action for injury, death, or loss to person or property if all conditions have been satisfied.
• Oklahoma § 70-1-116.3.external icon (2004). Provides guidelines and conditions for students’ to possess and use asthma inhalers while in school. Requires written permission from health care provider and parent are required. Provide school employees immunity from liability for damages in a civil action for injury, death, or loss to person or property if all conditions have been satisfied.
• Oregon Administrative Rules § 581-021-0037pdf icon[PDF-189KB]external icon(1999). Instructs school districts to develop guidelines for self-medication of prescribed or non-prescribed medication by a student with written permission from a parent and instructions from a physician.
• Pennsylvania HB § 1113external icon (2003). Directs school districts to develop policies for self-administration and possession of certain asthma medications by students.
• Rhode Island § 18.0 Rules and Regulations for School Healthpdf icon[PDF-386KB]external icon. Requires public schools to establish procedures for permitting students to self-carry and self-administer prescribed medication during school and at school functions off site with written authorization by parent.
• Tennessee Pub. Act 493pdf iconexternal icon [PDF-24KB] (2004). Permits self-administration of asthma medication and possession of asthma reliever inhalers at schools with parent written consent and specific instructions regarding the prescribed medication.
• Virginia General Assembly § 22.1-274.2[PDF-17KB]external icon (2000). Requires school board to establish and develop policies allowing students with asthma to possess and self-administer inhaler medication during the school day and at school sponsored events with written consent from parent and primary care physician.
• Wisconsin Statute § 118.291external icon. Permits students with asthma to carry and use asthma medication and inhaler in school and at school sponsored activities with written permission for a parent and physician and given to the principal.