Oregon Statutes 339.866 – Self-administration of medication by students
(1) As used in this section:
Terms Used In Oregon Statutes 339.866
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) ‘Asthma’ means a chronic inflammatory disorder of the airways that requires ongoing medical intervention.
(b) ‘Medication’ means any prescription for bronchodilators or autoinjectable epinephrine prescribed by a student’s Oregon licensed health care professional for asthma or severe allergies.
(c) ‘Severe allergy’ means a life-threatening hypersensitivity to a specific substance such as food, pollen or dust.
(2) A school district board shall adopt policies and procedures that provide for self-administration of medication by kindergarten through grade 12 students with asthma or severe allergies:
(a) In school;
(b) At a school-sponsored activity;
(c) While under the supervision of school personnel;
(d) In before-school or after-school care programs on school-owned property; and
(e) In transit to or from school or school-sponsored activities.
(3) The policies and procedures shall:
(a) Require that an Oregon licensed health care professional prescribe the medication to be used by the student during school hours and instruct the student in the correct and responsible use of the medication;
(b) Require that an Oregon licensed health care professional, acting within the scope of the person‘s license, formulate a written treatment plan for managing the student’s asthma or severe allergy and for the use of medication by the student during school hours;
(c) Require that the parent or guardian of the student submit to the school any written documentation required by the school, including any documents related to liability;
(d) Require that backup medication, if provided by a student’s parent or guardian, be kept at the student’s school in a location to which the student has immediate access in the event the student has an asthma or severe allergy emergency;
(e) Require the establishment of a process by which the parent or guardian of a student may request in writing that backup prescribed autoinjectable epinephrine be kept at a reasonably secure location in a student’s classroom if:
(A) The location identified under paragraph (d) of this subsection is not the student’s classroom; and
(B) A licensed health care professional verifies in writing that lack of immediate access to autoinjectable epinephrine may be life threatening to the student;
(f) Require that a school request from the student’s parent or guardian that the parent or guardian provide medication for emergency use by the student; and
(g) Allow a school to revoke its permission for a student to self-administer medication if the student does not responsibly self-administer the medication or abuses the use of the medication.
(4) A school district board may impose other policies and procedures that the board determines are necessary to protect a student with asthma or a severe allergy.
(5) A school district board may not require school personnel who have not received appropriate training to assist a student with asthma or a severe allergy with self-administration of medication.
(6) This section does not apply to youth correction facilities. [2007 c.830 § 1; 2013 c.318 § 1; 2021 c.97 § 32]