Legislation Update: Asthma Inhalers House Bill 39

PSI is proud to announce the opening of our newest division to train school staff in critical areas requiring certification and specialized programming due to state mandates.

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


0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply