Stock Asthma Inhalers for Schools  House Bill 39 goes into effect Feb 1st

The full text of the bill may be found at https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA131-HB-39(click on “View Current Version”)..  Please look for the underlined sections to see the new language added by this law. You may also find the new text at http://codes.ohio.gov and enter the sections cited below.

A few key features of the law are noted below for your information:

• The act updates several sections of the law, including:
• The act does not require schools to have asthma inhalers, but sets out requirements to be followed for those that choose to have them
• .7113 addresses The board of education of each city, local, exempted village, or joint vocational school
• 7114 addresses governing authority, a chartered or nonchartered nonpublic school
• 144 addresses governing authority, a community school
• 30 addresses  governing body, a STEM school
• 30 addresses board of trustees, a college-preparatory boarding school

The entities listed above:

• MAY  procure asthma inhalers for each school operated by the district to have on the school premises for use in emergency situations
• Are encouraged to maintain, at all times, at least two asthma inhalers at each school operated by the district
• MUST adopt a policy governing their maintenance and use…. with a licensed health professional authorized to prescribe drugs
• The policy shall be a prescriber-issued protocol specifying definitive orders for asthma inhalers and the dosages of medication to be administered through them and shall:
• Identify the one or more locations in each school…in which an asthma inhaler must be stored
• Specify the conditions under which an asthma inhaler must be stored, replaced, disposed of and how often it may be used
• Specify the individuals… in addition to a school nurse…[or] an athletic trainer…who may access and use an asthma inhaler to provide a dosage of medication to an individual in an emergency situation
• Specify any training that employees…must complete before being authorized to access and use an asthma inhaler
• Identify the emergency situations…employees…may access and use an asthma inhaler
• Specify that assistance from an emergency medical service provider must be requested immediately after an asthma inhaler is used
• Specify the individuals, in addition to students, school employees or contractors, and school visitors, to whom a dosage of medication may be administered through an asthma inhaler in an emergency situation
• May accept donations of asthma inhalers from a wholesale distributor…and may accept donations of money from any person to purchase asthma inhalers
• Shall report to the department of education each procurement and occurrence in which an asthma inhaler is used from a school’s supply of asthma inhalers
• The act updates 4729.51 to allow wholesale distributors to donate asthma inhalers to schools and allows schools to possess them
• Addresses liability