Asthma Management in Schools.  School districts must adopt policies for asthma rescue procedures for students.  The Office of the Superintendent of Public Instruction and the Department of Health must develop a uniform policy on training requirements for school staff related to asthma symptoms, treatment, and monitoring of students. 

A school district must permit a student with asthma to self-administer prescribed asthma medication at school and at school-sponsored activities when certain conditions are met.  If a parent or guardian provides backup medication, the school must store the medication in a location accessible to the student during an emergency.

Medication Standing Orders.  The Secretary of Health, or the Secretary's designee, may issue a prescription or standing order for a drug or device to treat any noninfectious disease or public health threat.  The Secretary or designee may impose limitations and should include recommendations for follow-up care.

School Use of Albuterol.  Beginning with the 2027-28 school year, school districts, charter schools, state-tribal education compact schools, and private schools may maintain a supply of albuterol in aerosol, powder, or solution form for use in an inhaler or nebulizer (school-supplied albuterol) in a designated location on school property.  School-supplied albuterol may be acquired from donation sources, but must be accompanied by a prescription.

School-supplied albuterol prescriptions must include a standing order authorizing administration to manage respiratory symptoms, including breathing difficulties caused by conditions such as asthma.

School-supplied albuterol must be accessed and administered according to a uniform procedure to manage respiratory symptoms as follows:

1. If the student has a prescription for albuterol on file, a school nurse or designated trained school personnel may administer school-supplied albuterol.
2. If the student does not possess albuterol or have a prescription for albuterol on file, only a school nurse may administer school-supplied albuterol.

Albuterol may be maintained, accessed, and administered on public and private school property, including school buildings and playgrounds, on school buses, and during field trips or school-sanctioned excursions.  A school nurse or designated trained school personnel may transport and carry school-supplied albuterol on field trips or excursions.

A school must immediately notify a student's parent or guardian when the student is administered school-supplied albuterol or when the school is aware that the student has self-administered albuterol.

Uniform Procedure.  By January 1, 2027, the Office of the Superintendent of Public Instruction and the Department of Health must include, within the uniform policy on school staff training requirements, a uniform procedure for access and administration of school-supplied albuterol.

If a school district elects to maintain school-supplied albuterol, it must incorporate the uniform procedure into its policies for asthma rescue procedures.

Employee Opt-Out.  A non-nurse employee who has not agreed in writing to include albuterol management as a specific part of the employee's job description may file a written letter of refusal with the school district, charter school, or state-tribal education compact school a written letter of refusal declining to manage albuterol.  The letter of refusal may not serve as grounds for discharge or other adverse action affecting the employee's contract status.  "Management of albuterol" means sorting, maintaining, accessing, administering, documenting, and transporting albuterol in accordance with a standing order and applicable written school policies.

Liability Protections.  If a student is injured or harmed due to the administration of lawfully prescribed and dispensed albuterol, a licensed health professional may not be held responsible unless the prescription was issued with a conscious disregard for safety.

A school employee or contractor who administers albuterol in substantial compliance with a lawful albuterol prescription or standing order and written school policies is subject to limited civil and criminal liability.  The same limitation applies to the individual's employing school or school district.