280.16 - SELF-ADMINISTRATION OF ASTHMA OR OTHER AIRWAY CONSTRICTING DISEASE MEDICATION.
280.16 SELF-ADMINISTRATION OF ASTHMA OR OTHER AIRWAY
CONSTRICTING DISEASE MEDICATION.
1. Definitions. For purposes of this section:
a. "Medication" means a drug that meets the definition
provided in section 126.2, subsection 8, has an individual
prescription label, is prescribed by a physician for a student, and
pertains to the student's asthma or other airway constricting
disease.
b. "Physician" means a person licensed under chapter 148,
or a physician's assistant, advanced registered nurse practitioner,
or other person licensed or registered to distribute or dispense a
prescription drug or device in the course of professional practice in
this state in accordance with section 147.107, or a person licensed
by another state in a health field in which, under Iowa law,
licensees in this state may legally prescribe drugs.
c. "Self-administration" means a student's discretionary use
of medication prescribed by a physician for the student.
2. The board of directors of a school district and the
authorities in charge of an accredited nonpublic school shall permit
the self-administration of medication by a student with asthma or
other airway constricting disease if the following conditions are
met:
a. The student's parent or guardian provides to the school
written authorization for the self-administration of medication.
b. The student's parent or guardian provides to the school a
written statement from the student's physician containing the
following information:
(1) The name and purpose of the medication.
(2) The prescribed dosage.
(3) The times at which or the special circumstances under which
the medication is to be administered.
c. The parent or guardian and the school meet the
requirements of subsection 3.
3. The school district or accredited nonpublic school shall
notify the parent or guardian of the student, in writing, that the
school district or accredited nonpublic school and its employees are
to incur no liability, except for gross negligence, as a result of
any injury arising from self-administration of medication by the
student. The parent or guardian of the student shall sign a
statement acknowledging that the school district or nonpublic school
is to incur no liability, except for gross negligence, as a result of
self-administration of medication by the student. A school district
or accredited nonpublic school and its employees acting reasonably
and in good faith shall incur no liability for any improper use of
medication as defined in this section or for supervising, monitoring,
or interfering with a student's self-administration of medication as
defined in this section.
4. The permission for self-administration of 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. However, the parent or guardian shall
immediately notify the school of any changes in the conditions listed
under subsection 2.
5. Provided that the requirements of this section are fulfilled,
a student with asthma or other airway constricting disease may
possess and use the student's medication while in school, at
school-sponsored activities, under the supervision of school
personnel, and before or after normal school activities, such as
while in before-school or after-school care on school-operated
property. If the student misuses this privilege, the privilege may
be withdrawn.
6. Information provided to the school under subsection 2 shall be
kept on file in the office of the school nurse or, in the absence of
a school nurse, the school's administrator.
7. The Iowa braille and sight saving school, the state school for
the deaf, and the institutions under the control of the department of
human services as provided in section 218.1 are exempt from the
provisions of this section. Section History: Recent Form
2004 Acts, ch 1059, §1; 2008 Acts, ch 1088, §117