Section 49423.1 Of Article 2. Employment Of Medical Personnel From California Education Code >> Division 4. >> Title 2. >> Part 27. >> Chapter 9. >> Article 2.
49423.1
. (a) Notwithstanding Section 49422, any pupil who is
required to take, during the regular schoolday, medication prescribed
for him or her by a physician or surgeon, may be assisted by the
school nurse or other designated school personnel or may carry and
self-administer inhaled asthma medication if the school district
receives the appropriate written statements specified in subdivision
(b).
(b) (1) In order for a pupil to be assisted by a school nurse or
other designated school personnel pursuant to subdivision (a), the
school district shall obtain both a written statement from the
physician or surgeon detailing the name of the medication, method,
amount, and time schedules by which the medication is to be taken and
a written statement from the parent, foster parent, or guardian of
the pupil requesting that the school district assist the pupil in the
matters set forth in the statement of the physician or surgeon.
(2) In order for a pupil to carry and self-administer prescription
inhaled asthma medication pursuant to subdivision (a), the school
district shall obtain both a written statement from the physician or
surgeon detailing the name of the medication, method, amount, and
time schedules by which the medication is to be taken, and confirming
that the pupil is able to self-administer inhaled asthma medication,
and a written statement from the parent, foster parent, or guardian
of the pupil consenting to the self-administration, providing a
release for the school nurse or other designated school personnel to
consult with the health care provider of the pupil regarding any
questions that may arise with regard to the medication, and releasing
the school district and school personnel from civil liability if the
self-administering pupil suffers an adverse reaction by taking
medication pursuant to this section.
(3) The written statements specified in this subdivision shall be
provided at least annually and more frequently if the medication,
dosage, frequency of administration, or reason for administration
changes.
(c) A pupil may be subject to disciplinary action pursuant to
Section 48900 if that pupil uses inhaled asthma medication in a
manner other than as prescribed.