Code of the District of Columbia

Subchapter IV. Student Access to Treatment.


§ 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.


§ 38–651.02. Possession and self-administration of medication.

(a) A student may possess and self-administer medication at the school in which the student is currently enrolled, at school-sponsored activities, and while on school-sponsored transportation, in order to treat asthma, anaphylaxis, or other illness; provided, that:

(1) The responsible person has submitted a valid medication action plan to the school; and

(2) All other conditions set forth in this subchapter are met.

(b)(1) A student may possess and self-administer sunscreen at the school in which the student is currently enrolled, at school-sponsored activities, and while on school-sponsored transportation to protect against ultraviolet radiation and sunburn without the submission of a medication action plan; provided, that the responsible person has not provided written notice to the school principal or school nurse that the student may not possess or self-administer sunscreen.

(2) School staff may administer sunscreen to a student at the school in which the student is currently enrolled, at school-sponsored activities, and while on school-sponsored transportation to protect against ultraviolet radiation and sunburn without the school possessing a medication action plan for that student; provided, that the student or responsible person has provided sunscreen for that purpose and the responsible person has not provided written notice to the school principal or school nurse that the student may not use sunscreen.


(Feb. 2, 2008, D.C. Law 17-107, § 3, 54 DCR 12230; Apr. 16, 2020, D.C. Law 23-81, § 3(b), 67 DCR 2498.)

Emergency Legislation

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

For temporary (90 day) addition, see § 3 of Student Access to Treatment Emergency Amendment Act of 2007 (D.C. Act 17-82, July 26, 2007, 54 DCR 7999).

For temporary (90 day) addition, see § 3 of Student Access to Treatment Congressional Review Emergency Act of 2007 (D.C. Act 17-140, October 17, 2007, 54 DCR 10736).

Temporary Legislation

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

Section 3 of Law 17-52 added a section to read as follows:

“Sec. 3. Possession and self-administration of medication.

“A student may possess and self-administer medication at the school in which the student is currently enrolled, at school-sponsored activities, and while on school-sponsored transportation, to treat asthma, anaphylaxis, or other potentially life-threatening illness; provided, that:

“(1) The responsible person has submitted a valid medication action plan to the school; and

“(2) All other conditions set forth in this act, or in rules promulgated pursuant to this act, are met.”

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


§ 38–651.03. Medication action plan.

(a) A valid medication action plan shall include:

(1) Written medical authorization, signed by a licensed health practitioner, that states:

(A) The name of the student;

(B) Emergency contact information for the responsible person, or, if the student is 18 years of age or older, another adult suitable to serve as an emergency contact;

(C) Contact information for the licensed health practitioner;

(D) The name, purpose, and prescribed dosage of the medication;

(E) The frequency that the medication is to be administered;

(F) The possible side effects of the medication as listed on the label;

(G) Special instructions or emergency procedures; and

(H) In the case of self-administered medication, confirmation that the student has been instructed in the proper technique for self-administration of the medication and has demonstrated the ability to self-administer the medication effectively.

(2) Written authorization, signed by the responsible person, that states:

(A) A trained employee or agent of the school may administer medication to the student in accordance with rules established by the Mayor; or

(B) In the case of self-administration, the student may possess and self-administer the medication at the school in which the student is currently enrolled, at school-sponsored activities, and while on school-sponsored transportation; and

(C) The name of the student may be distributed to appropriate school staff, as determined by the principal; and

(3) Written acknowledgment that the District, a school, or an employee or agent of a school shall be immune from civil liability for the good-faith performance of responsibilities under this subchapter; except, that no immunity shall extend to criminal acts, intentional wrongdoing, gross negligence, or wanton or willful misconduct.

(a-1)(1) If a student is a qualifying patient and the failure to administer medical marijuana during the school day would disrupt the student's ability to participate in school instruction, a medication action plan may include administration of medical marijuana, in a non-smokable form, to the student.

(2) The medication action plan of a student who seeks to administer medical marijuana during the school day shall include a certification from an authorized practitioner, as that term is defined in § 7-1671.01(1C), that the failure to administer medical marijuana during the school day would disrupt the student's ability to participate in school instruction.

(3) A school shall adopt policies that permit a student who is a qualifying patient to administer medical marijuana on campus during the school day as necessary based on the terms of the student's medical authorization.

(4) A school may discontinue compliance with paragraphs (1) through (3) of this subsection if, after October 7, 2019, the federal government issues a communication indicating that federal funding will be withheld from the District or a school within the District if the school continues to authorize administration of medical marijuana on its campus.

(5) For the purposes of this subsection "qualifying patient" shall have the same meaning as provided in § 7-1671.01(19).

(b) Immediately following any changes regarding the health or treatment of the student, the responsible person shall submit to the school an amended medication action plan.

(c) The medication action plan shall be updated at least annually, in accordance with a schedule determined by the Mayor.


(Feb. 2, 2008, D.C. Law 17-107, § 4, 54 DCR 12230; Mar. 9, 2016, D.C. Law 21-77, § 2(b), 63 DCR 756; Apr. 16, 2020, D.C. Law 23-81, § 3(c), 67 DCR 2498.)

Section References

This section is referenced in § 38-651.01.

Effect of Amendments

The 2016 amendment by D.C. Law 21-77 would have added “or, if the student is 18 years of age or older, another adult suitable to serve as an emergency contact” in (a)(1)(B).

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(b) 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 § 3 of Student Medical Marijuana Patient Fairness Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-199, Jan. 16, 2020, 67 DCR 585).

For temporary (90 days) amendment of this section, see § 3 of Student Medical Marijuana Patient Fairness Emergency Amendment Act of 2019 (D.C. Act 23-126, Oct. 7, 2019, 66 DCR 13161).

For temporary (90 day) addition, see § 4 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 § 3 of Student Medical Marijuana Patient Fairness Temporary Amendment Act of 2019. (D.C. Law 23-35, Dec. 24, 2019, 66 DCR 14302).

Section 4 of Law 17-52 added a section to read as follows:

“Sec. 4. Medication action plan.

“(a) No student shall possess or self-administer medication at the school in which the student is currently enrolled, at school-sponsored activities, or while on school-sponsored transportation, unless the school has a valid medication action plan for that student.

“(b) A valid medication action plan shall include:

“(1) Written medical authorization, signed by the student’s health practitioner, that states:

“(A) The name of the student;

“(B) Emergency contact information for the responsible person;

“(C) Contact information for the health practitioner;

“(D) The name, purpose, and prescribed dosage of the medication;

“(E) The frequency that the medication is to be administered;

“(F) The possible side effects of the medication;

“(G) Special instructions or emergency procedures; and

“(H) In the case of self-administered medication, confirmation that the student has been instructed in the proper technique for self-administration of the medication and has demonstrated the ability to self-administer the medication effectively;

“(2) Written authorization, signed by the responsible person, that states:

“(A) A trained school employee may administer medication to the student in accordance with rules established by the Mayor; or

“(B) In the case of self-administration, the student may possess and self-administer the medication at the school in which the student is currently enrolled, at school-sponsored activities, and while on school-sponsored transportation; and

“(3) Written acknowledgment that the school and its employees shall incur no liability and that the responsible person shall indemnify and hold harmless the school and its employees against any claims that may arise relating to the administration, general supervision, training, administration, or self-administration of the authorized medication.

“(c) Within 30 days of any changes in the student’s health that affect the medication action plan, the responsible person shall revise the medication action plan and submit the amended plan to the school.

“(d) The medication action plan shall be updated at least annually, in accordance with a schedule determined by the Mayor.

“(e) A school may deny a medication action plan, pursuant to terms established by the Mayor.”

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


§ 38–651.04. Medication administration training program.

(a) By July 1, 2008, the Mayor shall develop and implement a medication administration training program, which shall provide training and certification of employees and agents of a school to:

(1) Administer medication to students with valid medication action plans who are not authorized to possess that medication or are not competent to self-administer the medication; and

(2) Administer medication in emergency circumstances to any student experiencing an acute episode of asthma, anaphylaxis, or other illness.

(b) All training provided pursuant to subsection (a) of this section shall be conducted by a health-care professional licensed in the District of Columbia.

(c) A health-care professional shall provide a school with written certification of successful completion of the training for each employee or agent of the school. The certification shall be valid for 3 years.


(Feb. 2, 2008, D.C. Law 17-107, § 5, 54 DCR 12230; Sept. 26, 2012, D.C. Law 19-169, § 24, 59 DCR 5567.)

Section References

This section is referenced in § 38-651.05 and § 38-651.06.

Effect of Amendments

The 2012 amendment by D.C. Law 19-169 substituted “experiencing” for “suffering” in (a)(2).

Editor's Notes

Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.

Delegation of Authority

Delegation of Authority to the Student Access to Treatment Act of 2007, see Mayor’s Order 2008-85, June 11, 2008 ( 55 DCR 9362).


§ 38–651.04a. Student access to epinephrine.

(a) OSSE shall establish and administer an undesignated epinephrine auto-injector plan that authorizes a public school to possess and administer undesignated epinephrine auto-injectors.

(b)(1) By June 1, 2016, the Department of Health shall obtain a standing order signed by at least one practicing physician, physician assistant, or advanced practice nurse licensed in the District to permit public schools to use undesignated epinephrine auto-injectors in emergency circumstances.

(2) By July 1, 2016, OSSE shall develop and implement an epinephrine administration training program, which shall provide training and certification of employees and agents of a public school on the storage and emergency use of a designated or undesignated epinephrine auto-injector on a person suffering an episode of anaphylaxis.

(3) Upon implementation of the UEA plan, each public school shall ensure that it has at least 2 employees or agents certified in the use of an undesignated epinephrine auto-injector who are available to administer epinephrine during all hours of the school day.

(4) For the purposes of this subsection, the term "certified" means an individual who has obtained a certificate of completion of the epinephrine administration training that is developed and implemented by OSSE and approved by the Mayor.

(c)(1) Under the UEA plan, OSSE shall:

(A) Implement the UEA plan, with guidance from the Department of Health;

(B) Procure and distribute undesignated epinephrine auto-injectors to public schools for use in emergency circumstances;

(C) Monitor the supply of undesignated epinephrine auto-injectors, including ensuring that the supply is restocked as auto-injectors are used;

(D) Ensure the destruction of expired undesignated epinephrine auto-injectors at public schools; and

(E) Maintain records regarding the procurement, distribution, and disposition of undesignated epinephrine auto-injectors for 3 years.

(2)(A) A public school shall store undesignated epinephrine auto-injectors in a secure but easily accessible location in accordance with the manufacturer's instructions.

(B) Each public school shall maintain, at all times, no fewer than 2 unexpired undesignated epinephrine auto-injectors of each dosage available through the UEA plan.

(d)(1) An employee or agent of a public school who is certified pursuant to this section may administer an undesignated epinephrine auto-injector to a student who the employee or agent believes in good faith to be suffering or about to suffer an anaphylactic episode.

(2) Undesignated epinephrine auto-injectors may be used on public school property, including the school building, playground, and school bus, as well as during field trips or sanctioned excursions away from public school property. The certified employee or agent of the public school may carry an appropriate supply of the public school's undesignated epinephrine auto-injectors on field trips or excursions.

(3) Within 24 hours of the administration of an undesignated epinephrine auto-injector, the public school shall notify OSSE and the physician, physician assistant, or advance practice nurse who provided the standing order for the undesignated epinephrine auto-injector of its use.

(4) As soon as practicable following the administration of medication pursuant to this section, the public school shall inform the student's responsible person that the medication was administered.

(e) An employee or agent of a public school who is certified pursuant to this section may administer a designated epinephrine auto-injector to the student to whom it is prescribed, who the employee or agent believes in good faith to be suffering or about to suffer an anaphylactic episode.


(Feb. 2, 2008, D.C. Law 17-107, § 5a; as added Mar. 9, 2016, D.C. Law 21-77, § 2(c), 63 DCR 756; Oct. 30, 2018, D.C. Law 22-168, § 4072(b), 65 DCR 9388.)

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(c) 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 § 4072(b) 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(b) 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(b) 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(b) 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(b) of Access to Emergency Epinephrine in Schools Clarification Emergency Amendment Act of 2016 (D.C. Act 21-527, Oct. 31, 2016, 63 DCR 13609).

Temporary Legislation

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


§ 38–651.05. Administration of medication.

An employee or agent trained and certified pursuant to § 38-651.04 may administer medication to a student with a valid medication action plan; provided, that:

(1) The responsible person has delivered the medication to be administered to the school;

(2) The employee or agent is under the general supervision of licensed health practitioner; and

(3) Except in emergency circumstances, the responsible person has administered the initial dose of a new medication.


(Feb. 2, 2008, D.C. Law 17-107, § 6, 54 DCR 12230.)


§ 38–651.06. Administration of medication in emergency circumstances.

(a) No employee or agent of a school shall administer medication in emergency circumstances to any student unless he or she has been trained and certified pursuant to § 38-651.04.

(b) The Mayor shall obtain a standing order signed by at least one practicing physician licensed in the District that identifies the specific medications that may be administered in emergency circumstances and provides appropriate administration instructions.

(c) A student need not have a known diagnosis or a medication action plan to receive treatment in emergency circumstances from a trained employee or agent of the school.

(d) The Mayor shall develop a procedure by which the responsible person may request that the student not receive treatment in emergency circumstances.


(Feb. 2, 2008, D.C. Law 17-107, § 7, 54 DCR 12230; Mar. 9, 2016, D.C. Law 21-77, § 2(d), 63 DCR 756.)

Effect of Amendments

The 2016 amendment by D.C. Law 21-77 would have substituted “the student” for “a minor student” in (d).

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(d) 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.

Delegation of Authority

Delegation of Authority to the Student Access to Treatment Act of 2007, see Mayor’s Order 2008-85, June 11, 2008 ( 55 DCR 9362).


§ 38–651.07. Posting of emergency response information.

By July 1, 2008, the Mayor shall develop a standardized form for posting emergency response information. The information shall be posted in all schools and shall include:

(1) An explanation of the symptoms and possible consequences of conditions covered by this subchapter;

(2) The names of all the employees or agents of the particular school who are trained and certified to administer medication in emergency circumstances; and

(3) The emergency response steps, as identified by the Mayor, to be taken by the school.


(Feb. 2, 2008, D.C. Law 17-107, § 8, 54 DCR 12230.)

Delegation of Authority

Delegation of Authority to the Student Access to Treatment Act of 2007, see Mayor’s Order 2008-85, June 11, 2008 ( 55 DCR 9362).


§ 38–651.08. Maintenance of records.

(a) A school shall keep the medication action plans in the school health suite or other designated, easily accessible location.

(b) A school shall create and maintain a list of students with valid medication action plans, including the emergency contact information for each student. The principal of the school may distribute the list among appropriate employees or agents of the school.

(c) A school shall maintain accurate records of all its employees and agents who are certified to administer medication.

(d) A school shall maintain accurate records of all incidents where medication was administered to a student in an emergency circumstance.


(Feb. 2, 2008, D.C. Law 17-107, § 9, 54 DCR 12230.)

Emergency Legislation

For temporary (90 day) addition, see § 5 of Student Access to Treatment Emergency Amendment Act of 2007 (D.C. Act 17-82, July 26, 2007, 54 DCR 7999).

For temporary (90 day) addition, see § 5 of Student Access to Treatment Congressional Review Emergency Act of 2007 (D.C. Act 17-140, October 17, 2007, 54 DCR 10736).

Temporary Legislation

Section 5 of Law 17-52 added a section to read as follows:

“Sec. 5. Maintenance of records.

“(a) A school shall keep the medication action plan in the school health suite, or other designated, easily accessible location.

“(b) A school shall create and maintain a list of students with valid medication action plans, including the emergency contact information for each student. The principal of the school may distribute this list among appropriate school employees.

“(c) Each school that has a student with a medication action plan for self-administration may schedule a meeting at the beginning of the school year with the school nurse, the principal, the student, the responsible person, and any other appropriate school staff to review the student’s medication action plan. Authorization to possess and self-administer previously approved medication shall not be dependent on having had this meeting.”

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


§ 38–651.09. Storage of medication.

(a) Except as provided in § 38-651.04a, a school may procure medication for the treatment of asthma or other illness for use in emergency circumstances. The medication shall be properly stored and maintained in an easily accessible location.

(b)(1) A school may receive medication to store for the treatment of asthma, anaphylaxis, or other illness from the responsible person for a student with a valid medication action plan.

(2) The medication shall be:

(A) Properly stored at the school in a location to which the student has immediate access in case of an emergency; and

(B) Labeled with the:

(i) Name of the student;

(ii) Name of the medication;

(iii) Dosage;

(iv) Time of administration; and

(v) Duration of medication.

(3) No school shall be required to store more than a 3-school-day supply of medication for any one student.


(Feb. 2, 2008, D.C. Law 17-107, § 10, 54 DCR 12230; Mar. 9, 2016, D.C. Law 21-77, § 2(e), 63 DCR 756.)

Effect of Amendments

The 2016 amendment by D.C. Law 21-77, in (a), would have added "Except as provided in § 38-0651.04a” and would have deleted “anaphylaxis” following “asthma.”

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(e) 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 day) addition, see § 6 of Student Access to Treatment Emergency Amendment Act of 2007 (D.C. Act 17-82, July 26, 2007, 54 DCR 7999).

For temporary (90 day) addition, see § 6 of Student Access to Treatment Congressional Review Emergency Act of 2007 (D.C. Act 17-140, October 17, 2007, 54 DCR 10736).

Temporary Legislation

Section 6 of Law 17-52 added a section to read as follows:

“Sec. 6. Storage of medication.

“(a) A school may receive additional medication from the responsible person for a student with a valid medication action plan; provided, that no school shall be required to store more than a 30-school-day supply of medication for any one student.

“(b) Additional medication shall be:

“(1) Properly stored at the school in a location to which the student has immediate access in case of an emergency; and

“(2) Labeled with the name of the student and the name of the medication, including the dosage, the frequency of administration, and the duration of the medication.

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


§ 38–651.10. Misuse.

(a) A school may deny a medication action plan pursuant to terms established by the Mayor.

(b) A student who self-administers medication while at school, at a school-sponsored activity, or while on school-sponsored transportation for a purpose other than his or her own treatment may be subject to disciplinary action by the school; provided, that disciplinary action shall not limit or restrict the access of a student to his or her prescribed medication. The school shall promptly notify the responsible person of any disciplinary action imposed.


(Feb. 2, 2008, D.C. Law 17-107, § 11, 54 DCR 12230.)

Emergency Legislation

For temporary (90 day) addition, see § 7 of Student Access to Treatment Emergency Amendment Act of 2007 (D.C. Act 17-82, July 26, 2007, 54 DCR 7999).

For temporary (90 day) addition, see § 7 of Student Access to Treatment Congressional Review Emergency Act of 2007 (D.C. Act 17-140, October 17, 2007, 54 DCR 10736).

Temporary Legislation

Section 7 of Law 17-52 added a section to read as follows:

“Sec. 7. Misuse.

“A student who self-administers medication while at school, at a school-sponsored activity, or while on school-sponsored transportation for a purpose other than his or her own authorized treatment may be subject to disciplinary action by the school; provided, that disciplinary action shall not limit or restrict the access of a student to his or her prescribed medication. The school shall promptly notify the responsible person of any disciplinary action imposed.”

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


§ 38–651.11. Liability.

The District, a school, an employee or agent of a school, or the practicing physician, physician assistant, or advanced practice nurse who has issued the standing order pursuant to this subchapter shall be immune from civil liability for the good-faith performance of responsibilities under this subchapter; except, that no immunity shall extend to criminal acts, intentional wrongdoing, gross negligence, or wanton or willful misconduct.


(Feb. 2, 2008, D.C. Law 17-107, § 12, 54 DCR 12230; Mar. 9, 2016, D.C. Law 21-77, § 2(f), 63 DCR 756.)

Effect of Amendments

The 2016 amendment by D.C. Law 21-77 would have substituted “an employee or agent of a school, or the practicing physician, physician assistant, or advanced practice nurse who has issued the standing order pursuant to this subchapter” for “or an employee or agent of a school.”

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(f) 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 day) addition, see § 8 of Student Access to Treatment Emergency Amendment Act of 2007 (D.C. Act 17-82, July 26, 2007, 54 DCR 7999).

For temporary (90 day) addition, see § 8 of Student Access to Treatment Congressional Review Emergency Act of 2007 (D.C. Act 17-140, October 17, 2007, 54 DCR 10736).

Temporary Legislation

Section 8 of Law 17-52 added a section to read as follows:

“Sec. 8. Liability waiver.

“(a) No school nor any employee or agent of a school shall be held liable for the good-faith performance of responsibilities under this act.

“(b) Except as provided in subsection (a) of this section, nothing in this act shall be interpreted to create a cause of action or to increase or diminish the liability of any person.”

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


§ 38–651.12. Rules.

(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this subchapter.

(b) The Mayor may establish, by regulation, additional types of medication that a student may self-administer and other illnesses for which a student may self-administer medication other than those provided in this subchapter.

(c) All existing rules and regulations promulgated pursuant to subchapter III of this chapter [§ 38-631 et seq.] [repealed], shall remain in effect until rules promulgated pursuant to this subchapter become effective.

(d) By August 1, 2016, pursuant to the authority granted by § 38-2602(b)(11), OSSE, in consultation with the Department of Health, shall issue rules to implement the provisions of § 38-651.04a, including establishing a protocol for record keeping whenever epinephrine is administered pursuant to § 38-651.04a.


(Feb. 2, 2008, D.C. Law 17-107, § 13, 54 DCR 12230; Mar. 9, 2016, D.C. Law 21-77, § 2(g), 63 DCR 756.)

Effect of Amendments

The 2016 amendment by D.C. Law 21-77 would have added (d).

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(g) 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 day) addition, see § 9 of Student Access to Treatment Emergency Amendment Act of 2007 (D.C. Act 17-82, July 26, 2007, 54 DCR 7999).

For temporary (90 day) addition, see § 9 of Student Access to Treatment Congressional Review Emergency Act of 2007 (D.C. Act 17-140, October 17, 2007, 54 DCR 10736).

Temporary Legislation

Section 9 of Law 17-52 added a section to read as follows:

“Sec. 9. Rules.

“(a) The Mayor, pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of this act.

“(b) The Mayor may establish, by regulation, additional types of medication a student may self-administer and potentially life-threatening illnesses for which a student may self-administer medication other than those provided in this act.”

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

Delegation of Authority

Delegation of Authority to the Student Access to Treatment Act of 2007, see Mayor’s Order 2008-85, June 11, 2008 ( 55 DCR 9362).