Maryland School’s Medication Law

MARYLAND

2010 Maryland Code EDUCATION TITLE 7 – PUBLIC SCHOOLS Subtitle 4 – Health and Safety of Students Section 7-421 – Use of asthma drugs and related medication.

ยง 7-421. Use of asthma drugs and related medication (a) Definitions.-

(1) In this section the following words have the meanings indicated.

(2) “Health practitioner” means a physician or other individual authorized by law to prescribe prescription drugs or devices.

(3) “Medication” means an asthma inhaler or other emergency drug that is dispensed for a student only on the prescription of a health practitioner and pertains to the student’s asthma or other airway-constricting disease.

(4) “Self-administer” means the application or consumption of medication in a manner directed by the health practitioner without additional assistance or direction.

(b) In general.-

(1) Subject to the provisions of this subsection, each public school system shall adopt a written policy authorizing a student to possess and self-administer medication while:

(i) In school;

(ii) At school-sponsored activities; or

(iii) On a school bus or other school property.

(2) (i) A student who self-administers medication must have a prior written order from the student’s health care provider and, if the student is a minor, the prior written approval of the student’s parent or guardian.

(ii) The health care provider’s order must be maintained in the student’s educational record at the school.

(3) A student’s parent or guardian must obtain written verification from the student’s health care provider confirming that the student has the knowledge and skills to safely possess and self-administer the medication.

(4) The written statements required under this subsection shall be provided to the school at least annually.

(5) The school nurse shall assess the student’s ability to demonstrate the skill level necessary to ensure proper and effective use of the medication in school.

(6) A student may be subject to disciplinary action if the student does not use the medication in a safe and proper manner.

(c) State guidelines.- The Department shall provide each public school system with written State guidelines to implement this section.

[2005, ch. 196.]