Office for
Health Services
Kimberly Center, 1002 West
Kimberiy Road, Davenport, Iowa 52806
Phone 563-391-9161 x3; Fax
563-391-8683
Email: fuerstenbergr@mail.davenport.kl2.ia.us
Dear Parents:
On April 12, 2004, Governor Vilsack signed a law that
allows students with Restrictive Airway Disease, such as Asthma, to carry and
self-administer inhalers at school to relieve breathing difficulties.
The law applies to students attending public schools
in Iowa as well as students attending accredited nonpublic schools. The law has
built-in safety measures and other provisions that protect students and help
prevent unlawful and/or inappropriate use of inhalers in the school setting.
This mailing contains the portion of the law that outlines the provisions which
must be followed in order for a student to carry and self-administer an inhaler
at school.
The DCSD Health Services has revised the physician's
order sheet to include provisions of the new law so that it will be convenient
for parents to obtain the physician's order when it is necessary and desirable
for the treatment of a student with Restrictive Airway Disease during the school
day, and during school sponsored extra curricular activities on school property.
Please be advised that the school district and its
employees incur no liability for self-administration of inhalers by students
except in instances of gross negligence.
After reading, please keep this letter in a safe place
for future reference.
Sincerely,
Alma Bragg, BSN., CPNP.,
AKNP.
Lead Nurse
Roger Fuerstenberg,
Coordinator
Health Services
Asthma
and Inhalers
Current Iowa Law, effective April 17,2004
Be it enacted by the general assembly of the state of Iowa:
Section 1. NEW SECTION. 280.16 SELF=ADMINISTRATION OF ASTHMA OR OTHER AIRWAY
CONSTICTING DISEASE MEDICATION.
1. 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 me 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 me 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 students 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 me 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 me school nurse or, in the absence of a school nurse, in me school administrator's office.
