Health and Support Services

2014 Code of Alabama
Title 16 - EDUCATION.
Chapter 1 - GENERAL PROVISIONS.
Section 16-1-48 - Anaphylaxis preparedness program.

Universal Citation: AL Code § 16-1-48 (2014)

Section 16-1-48Anaphylaxis preparedness program.

(a) The State Department of Education shall develop an anaphylaxis preparedness program to be adopted by each local board of education and implemented in each K-12 public school commencing with the 2015-2016 scholastic year. The Alabama State Board of Pharmacy shall provide guidance, direction, and advice to the State Department of Education in developing and administering the anaphylaxis preparedness program.

(b) The anaphylaxis preparedness program shall incorporate the following three levels of prevention initiated by licensed public school nurses as a part of the health services program:

(1) Level I, primary prevention: Education programs that address food allergies and anaphylaxis through both classroom and individual instruction for staff and students.

(2) Level II, secondary prevention: Identification and management of chronic illness.

(3) Level III, tertiary prevention: The development of a planned response to anaphylaxis-related emergencies in the school setting.

(c) Each local board of education may collaborate with a physician to develop and maintain a protocol for emergency response that shall include a supply of premeasured, autoinjectable epinephrine on each public school campus to treat potentially life threatening allergic reactions. Single dose autoinjectable epinephrine may be administered or provided to school children by the school nurse, or unlicensed school personnel who have completed an anaphylaxis training program conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or other medication administration program approved by the State Department of Education and State Board of Nursing. Training may be conducted online or in person and, at a minimum, shall cover each of the following:

(1) Techniques on how to recognize symptoms of severe allergic reactions, including anaphylaxis.

(2) Standards and procedures for the storage and administration of an autoinjectable epinephrine.

(3) Emergency follow-up procedures.

(d) A school that possesses and makes available autoinjectable epinephrine and its employees, agents, and other trained personnel, and any person who conducts the training described in subsection (c), shall be immune from suit and not liable for any civil damages resulting from any acts or omissions in the supervision or rendering of services, care, or assistance to a student under this section, nor for any civil damages resulting from any act, or failure to act, to provide or arrange for further treatment, care, or assistance. No information or protocols produced related to this section shall be construed to establish a standard of care for physicians or otherwise modify, amend, or supersede any provision of the Alabama Medical Liability Act of 1996, commencing with Section 6-5-540, or any amendment thereto, or any judicial interpretation thereof. Any provision of law to the contrary notwithstanding, a physician who is consulted or participates in regard to anaphylaxis-related emergencies, or develops, maintains, or is otherwise associated with, a protocol under this section, or takes any other action associated with, or related to, this section, is immune from all civil and criminal liability for any such acts.

(e) The requirement that a supply of premeasured, autoinjectable epinephrine be secured and maintained on each public school campus shall only be enforced if funding is provided by the state.

(Act 2014-405, §1.)

2017-19 Urges school administrators, teachers, parents and students to be educated about the potential health impact of heavy backpacks and to take proactive measures to avoid injury. SJR 8 (Dial) Effective February 28, 2017.

Section 16-30A-5 - Appropriate care for students under Individual Health Plan; availability of nurse or medication assistant

(a) The local board of education shall ensure that each student in the school or system with a diabetic condition receives appropriate care as specified in his or her Individual Health Plan.

(b) The school nurse or a trained unlicensed medication assistant, to the extent required by the student's Individual Health Plan, shall be on site and available to provide care to each student with diabetes during regular school hours and school-sponsored before school and after school care programs, during field trips, extended off-site excursions, extracurricular activities in which the student is a direct participant, and on buses when the bus driver is not a trained unlicensed medication assistant.

Ala. Code § 16-30A-5 (1975)

Added by Act 2014-437,§ 5, eff. 7/1/2014.

Section 16-1-49 - Information on influenza and it vaccine to be provided to parents and guardians of students

(a) If a local board of education provides information on immunizations, infectious diseases, medications, or other school health issues to parents and guardians of students in grades K through 12, then all of the following information about influenza disease and its vaccine shall be included:

(1) A description of causes, symptoms, and means of transmission.

(2) A list of sources for additional information.

(3) Related recommendations issued by the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention.

(b) The Department of Education, in cooperation with the Department of Public Health, shall develop and make available the information about influenza disease and its vaccine to local school systems as required under subsection (a) in an efficient manner that may include posting the information on its website.

(c) A board, board member, or an employee of a local board of education shall be immune from civil liability for acts or omissions in the implementation of this section in accordance with Section 36-1-12.

(d) Nothing in this section shall be construed to establish a standard of care for hospitals or physicians or otherwise modify, amend, or supersede any provision of the Alabama Medical Liability Act of 1987 or the Alabama Medical Liability Act of 1996, or any amendment thereto, or any judicial interpretation thereof. The information developed, or made available, under this section shall not constitute a standard for the practice of medicine.

Ala. Code § 16-1-49 (1975)

Added by Act 2017-368,§ 1, eff. 8/1/2017.

Act 2014-274, SB75, is the Jessica Elkins Act. The act requires local school systems to provide certain information to parents and guardians of students in grades six through 12 on meningococcal meningitis disease and its vaccine whenever other health information is provided.

EFFECTIVE DATE: July 1, 2014.

https://legiscan.com/AL/text/HB76/id/2397125/Alabama-2021-HB76-Enrolled.pdf

This bill would provide that a parent or guardian of a student with a seizure disorder may seek care for the student while the student is at school or is participating in a school sponsored activity by submitting a seizure management and treatment plan to the local board of education for inclusion in the individual health plan of the student

This bill would also provide for the administration of seizure disorder medication by unlicensed medication assistants and require training relating to seizure disorders

Relating to public K-12 schools; to provide that a parent or guardian of a student with a seizure disorder may seek care for the student while the student is at school or is participating in a school sponsored activity by submitting a seizure management and treatment plan to the local board of education for inclusion in the individual health plan of the student; to provide for the administration of seizure disorder medication by unlicensed medication assistants; and to require training relating to seizure disorders.

2017-278 Allows students in public and non-public schools to possess and use FDA-regulated, over-the-counter sunscreen without a physician’s order. S.63 (McClendon) Effective May 16, 2017.