(a) (1) In this section the following words have the meanings indicated. (2) "Asthma" means a chronic lung disease that inflames and narrows air passages, causing recurring periods of wheezing, chest tightness, shortness of breath, and coughing. (3) "Bronchodilator" means medication that relaxes bronchial muscles, resulting in the expansion of bronchial air passages to provide fast treatment of asthma-related symptoms and symptoms of respiratory distress. (4) "School personnel" means individuals who are employed by a nonpublic school, including part-time employees, teachers and substitute teachers employed by the school for at least 7 days each school year, registered nurse case managers, delegating nurses, and administrative staff. (b) (1) Except as provided in paragraph (2) of this subsection, each nonpublic school in the State may establish a policy authorizing the school nurse and designated school personnel to administer a bronchodilator to a student who is determined by an individual who has undergone the training developed under § 7- 426.6(c) of this subtitle to be, or is perceived to be, experiencing asthma-related symptoms or is perceived to be in respiratory distress, regardless of whether the student: (i) Has been diagnosed with asthma or reactive airway disease; or (ii) Has been prescribed a bronchodilator by an authorized licensed health care practitioner under the Health Occupations Article. (2) A school nurse or any other designated school personnel may not administer a bronchodilator to a prekindergarten student unless the student has been diagnosed with asthma or a reactive airway disease and has a prescription for a bronchodilator as prescribed by the student's health care practitioner. (c) The policy established under subsection (b) of this section shall include: (1) The training identified or developed under § 7-426.6(c) of this subtitle for school nurses and voluntary school personnel who are designated by a school nurse and, in the clinical judgment of the school nurse, are appropriate recipients of the training; (2) Procedures for the emergency administration of a bronchodilator by a school nurse or designated school personnel; (3) Procedures for recognizing the need to administer a bronchodilator and for administering a bronchodilator based on the severity of the symptoms being experienced by a student; (4) The proper follow-up emergency procedures; (5) A provision requiring that bronchodilators and modes of delivery, including inhalers with spacers, be stored in nonpublic schools to be used in an emergency situation; (6) A requirement that the nonpublic school develop and implement a method for notifying the parents or guardians of students of the school's policy under this section at the beginning of each school year; (7) A provision authorizing a nonpublic school to obtain a standing order for the administration of bronchodilators; and (8) An ongoing process for oversight and monitoring by a licensed health care practitioner of the implementation of the policy established under subsection (b) of this section. (d) (1) An authorized licensed health care practitioner may provide bronchodilators to a school nurse or designated volunteer for use in accordance with this section. (2) Bronchodilators and modes of administration, including inhalers with spacers, used by a school nurse or designated school personnel must be from a licensed pharmacy or manufacturer. (3) A nonpublic school may accept donated bronchodilators and modes of administration, including inhalers with spacers, from a licensed pharmacy or manufacturer. (4) A nonpublic school may apply for grants to obtain funding for the purchase of bronchodilators and modes of administration, including inhalers with spacers. (e) (1) Except for any willful or grossly negligent act, a school nurse or any other school personnel who respond in good faith to the asthma attack or respiratory distress of a child in accordance with this section may not be held personally liable for any act or omission in the course of responding to the child in distress. (2) Except for any willful or grossly negligent act, a health care provider who prescribes or dispenses a bronchodilator used to treat a child in accordance with paragraph (1) of this subsection may not be held personally liable for any act or omission that occurs in the course of responding to the child in distress.
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