A BILL TO BE ENTITLED
AN ACT REQUIRING LOCAL SCHOOL BOARDS TO ADOPT POLICIES PERMITTING STUDENTS DIAGNOSED WITH ASTHMA TO POSSESS AND SELF‑ADMINISTER certain ASTHMA or anaphylaxis MEDICATIONS.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 115C‑47 is amended by adding the following new subdivision to read:
"(45)	To Adopt Policies Regarding the Possession and Self‑Administration of Asthma or Anaphylaxis Medications by Asthmatic Students. – Local boards of education shall adopt a policy authorizing a student to self‑administer asthma medication and to possess at all times an epinephrine auto‑injector to treat anaphylaxis. The policy shall include:
a.	A requirement that the student's parent or guardian provide to the school:
1.	Written authorization for the student to self‑administer asthma medication or epinephrine auto‑injector to treat anaphylaxis;
2.	Written statement and emergency protocol from the student's health care practitioner who prescribed the asthma medication or epinephrine auto‑injector verifying that the student has asthma or an allergy that could result in an anaphylactic reaction and has been instructed in self‑administration of asthma medications and an epinephrine auto‑injector to treat anaphylaxis; and
3.	A statement provided by the school and signed by parent or guardian acknowledging that the school district and its employees and agents are not liable for an injury arising from a student's self‑administration of asthma medication or an epinephrine auto‑injector or inhaler to treat anaphylaxis.
b.	Authorization for a student with a diagnosis of asthma to possess and self‑administer inhaled asthma medications during the school day, at school‑sponsored activities, or while on a school bus or other school property.
c.	If a student uses medication prescribed for the student in a manner other than as prescribed, a school may impose on the student disciplinary action according to school codes.  A school may not impose disciplinary action that limits or restricts the student's immediate access to the prescribed medication.
d.	The requirement that permission granted for a student with a diagnosis of asthma to possess and self‑administer inhaled asthma medications shall be effective for one school year and must be renewed annually. As used in this paragraph, a "school year" means 365 calendar days.
e.	Other requirements necessary to comply with applicable State and federal laws.
As used in this subdivision, "asthma medication" includes a prescribed, inhaled asthma medication and a prescribed epinephrine auto‑injector."
SECTION 2.  This act is effective when it becomes law.