North Dakota Code 15.1-19-16 – Asthma – Anaphylaxis – Self-administration of medication by student – Liability
1. A student who has been diagnosed with asthma or anaphylaxis may possess and self-administer emergency medication for the treatment of such conditions provided the student’s parent files with the school a document that is signed by the student’s health care provider and which:
Terms Used In North Dakota Code 15.1-19-16
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Individual: means a human being. See North Dakota Code 1-01-49
a. Indicates that the student has been instructed in the self-administration of emergency medication for the treatment of asthma or anaphylaxis; b. Lists the name, dosage, and frequency of all medication prescribed to the student for use in the treatment of the student’s asthma or anaphylaxis; and
c. Includes guidelines for the treatment of the student in the case of an asthmatic episode or anaphylaxis.
2. Neither a private school or a school district nor any employee of the private school or district is liable for civil damages incurred by:
a. A student who administers emergency medication to himself or herself in accordance with subsection 1.
b. An individual because a student was permitted to possess emergency medication in accordance with subsection 1.
3. For purposes of this section, “emergency medication” includes a prescription drug delivered by inhalation to alleviate asthmatic symptoms and an epinephrine autoinjectable pen.