Code of the District of Columbia

§ 38–651.01. Definitions.

For the purposes of this subchapter, the term:

(1) "Designated epinephrine auto-injector" means a disposable drug-delivery system with a spring-activated needle, which is obtained with a prescription for a particular person, that is designed for the emergency administration of epinephrine to a person suffering an episode of anaphylaxis.

(1A) “Emergency circumstances” means reasonably apparent circumstances that indicate that any delay in treatment would endanger the health or life of the student.

(2) “Medication” means any prescription or non-prescription drug used to treat conditions and illnesses covered by this subchapter. The term "medication" does not include sunscreen.

(3) “Medication action plan” means a written medical treatment plan for an individual student that is developed and submitted to a school in accordance with § 38-651.03.

(3A) "OSSE" means the Office of the State Superintendent of Education established by § 38-2601.

(3B) "Public school" means a District of Columbia Public Schools school or a public charter school. The term "public school" excludes any parochial school or private school in the District.

(4) “Responsible person” means, in the case of a student under 18 years of age, a parent, legal guardian, legal custodian, foster parent, or other adult charged with the ongoing care and supervision of the student, and, in the case of a student 18 years of age or older, the student himself or herself.

(5) “School” means:

(A) Any public school operated under the authority of the Mayor of the District of Columbia; and

(B) Any charter school, parochial school, or private school in the District.

(5A) "Sunscreen" means a lotion, cream, spray, or gel regulated by the federal Food and Drug Administration that is used for purposes of absorbing, reflecting, or scattering ultraviolet radiation and preventing sunburn.

(6) "Undesignated epinephrine auto-injector" means a disposable drug delivery system with a spring-activated needle, which is obtained without a prescription for a particular person, that is designed for the emergency administration of epinephrine to a person suffering an episode of anaphylaxis.

(7) "UEA plan" means the undesignated epinephrine auto-injector plan established pursuant to § 38-651.04a.


(Feb. 2, 2008, D.C. Law 17-107, § 2, 54 DCR 12230; Mar. 9, 2016, D.C. Law 21-77, § 2(a), 63 DCR 756; Oct. 30, 2018, D.C. Law 22-168, § 4072(a), 65 DCR 9388; Apr. 16, 2020, D.C. Law 23-81, § 3(a), 67 DCR 2498.)

Effect of Amendments

The 2016 amendment by D.C. Law 21-77 would have added (3A), (3B), (6), and (7).

Applicability

Section 7002 of D.C. Law 21-160 repealed section 4 of D.C. Law 21-77. Therefore the changes made to this section by D.C. Law 21-177 have been given effect.

Applicability of D.C. Law 21-77: § 4 of D.C. Law 21-77 provided that the change made to this section by § 2(a) of D.C. Law 21-77 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(a) of School Sunscreen Safety Emergency Amendment Act of 2019 (D.C. Act 23-124, Oct. 7, 2019, 66 DCR 13156).

For temporary (90 days) amendment of this section, see § 4072(a) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 4072(a) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 2(a) of Access to Emergency Epinephrine in Schools Clarification Emergency Amendment Act of 2017 (D.C. Act 22-146, Oct. 10, 2017, 64 DCR 10443).

For temporary (90 days) amendment of this section, see § 2(a) of Access to Emergency Epinephrine in Schools Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-3, Feb. 9, 2017, 64 DCR 1678).

For temporary (90 days) amendment of this section, see § 2(a) of Access to Emergency Epinephrine in Schools Clarification Emergency Amendment Act of 2016 (D.C. Act 21-527, Oct. 31, 2016, 63 DCR 13609).

For temporary (90 day) addition, see § 2 of Student Access to Treatment Emergency Amendment Act of 2007 (D.C. Act 17-82, July 26, 2007, 54 DCR 7999).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(a) of School Sunscreen Safety Temporary Amendment Act of 2019 (D.C. Law 23-34, Dec. 24, 2019, 66 DCR 14300).

For temporary (225 days) amendment of this section, see § 2(a)(2) of Access to Emergency Epinephrine in Schools Clarification Temporary Amendment Act of 2017 (D.C. Law 22-31, Dec. 7, 2017, 64 DCR 10736).

For temporary (225 days) amendment of this section, see § 2(a) of Access to Emergency Epinephrine in Schools Clarification Temporary Amendment Act of 2016 (D.C. Law 21-183, Feb. 18, 2017, 63 DCR 14351).

Section 2 of Law 17-52 added a section to read as follows:

“Sec. 2. Definitions.

“For the purposes of this act, the term:

“(1) ‘Medication action plan’ means a written medical treatment plan for an individual student with prescription medication that is developed and submitted to a school in accordance with section 4.

“(2) ‘Responsible person’ means, in the case of a student under 18 years of age, a parent, legal guardian, legal custodian, foster parent, or other adult charged with the ongoing care and supervision of the student, and in the case of a student 18 years of age or older, the student himself or herself.

“(3) ‘School’ means:

“(A) Any public school operated under the authority of the Mayor of the District of Columbia; and

“(B) Any charter school, parochial school, or private school in the District.”

Section 11(b) of D.C. Law 17-52 provided that the act shall expire after 225 days of its having taken effect.