2004 Legislation
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HOUSE BILL NO. 632 – School policy, medical inhalers

HOUSE BILL NO. 632

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Bill Status



H0632..........................................................by EDUCATION
MEDICAL INHALERS - SCHOOL POLICY - Adds to existing law to provide that the
school board of trustees of each school district shall adopt a policy
governing medical inhalers and self-administration of medication.
                                                                        
02/09    House intro - 1st rdg - to printing
02/10    Rpt prt - to Educ
02/20    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
02/26    3rd rdg - PASSED - 67-0-3
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Campbell, Cannon, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
      Jones, Kellogg, Kulczyk, Langford, Langhorst, Martinez, McGeachin,
      McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
      Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
      Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills, Wood, Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Bradford, Lake, Stevenson
    Floor Sponsor - Garrett
    Title apvd - to Senate
02/27    Senate intro - 1st rdg - to Educ
03/11    Rpt out - rec d/p - to 2nd rdg
03/12    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
      Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon,
      Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
      Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce,
      Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk,
      Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Werk
    Title apvd - to House
03/20    To enrol - Rpt enrol - Sp signed - Pres signed
03/22    To Governor
03/24    Governor signed
         Session Law Chapter 336
         Effective: 03/24/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 632
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO POWERS AND DUTIES OF THE BOARD OF TRUSTEES  OF  EACH  SCHOOL  DIS-
  3        TRICT;  AMENDING CHAPTER 5, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW
  4        SECTION 33-520, IDAHO CODE, TO PROVIDE THAT THE BOARD OF TRUSTEES OF  EACH
  5        SCHOOL  DISTRICT SHALL ADOPT A POLICY GOVERNING MEDICAL INHALERS AND SELF-
  6        ADMINISTRATION OF MEDICATION; AND DECLARING AN EMERGENCY.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Chapter 5, Title 33, Idaho Code,  be,  and  the  same  is
  9    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 10    ignated as Section 33-520, Idaho Code, and to read as follows:
                                                                        
 11        33-520.  POLICY GOVERNING MEDICAL INHALERS. (1) The board of  trustees  of
 12    each  school  district,  including  charter districts, shall adopt a policy by
 13    September 1, 2004, permitting the self-administration of  medication  adminis-
 14    tered  by  way of a metered-dose inhaler by a pupil for asthma or other poten-
 15    tially life-threatening respiratory illness.
 16        (2)  As used in this section:
 17        (a)  "Medication" means a metered-dose inhaler or a dry powder inhaler  to
 18        alleviate  asthmatic  symptoms,  prescribed  by  a physician and having an
 19        individual label; and
 20        (b)  "Self-administration" means a student's use of medication pursuant to
 21        prescription or written direction from a physician.
 22        (3)  A student who is permitted to self-administer asthma medication  pur-
 23    suant  to  this  section  shall  be  permitted to possess and use a prescribed
 24    inhaler at all times.
 25        (4)  Nothing in this section shall be construed to prevent a  school  dis-
 26    trict  from  requiring  pupils  to  maintain  current  duplicate  prescription
 27    medications  with  the school nurse or, in the absence of such nurse, with the
 28    school administrator.
                                                                        
 29        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 30    declared to exist, this act shall be in full force and effect on and after its
 31    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 13553C1
This amendment to Chapter 5, Title 33, Idaho Code, proposes
adding a new Section 33-520 to provide that the board of trustees
of each school district shall adopt a policy governing medical
inhalers and self-administration of medication; and declaring an
emergency.

The board of trustees of each school district, including charter
districts, shall adopt a policy by September 1, 2004, permitting
the self-administration of medication administered by way of a
metered-dose inhaler by a pupil for asthma or other potentially
life-threatening respiratory illness. 


                          FISCAL IMPACT
No fiscal impact.


Contact
Name: Representative Kathie Garrett 
Phone: 332-1000
Name: Dr. Cliff Green, ISBA
Phone: 854-1476


STATEMENT OF PURPOSE/FISCAL NOTE                       H 632