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F I S C A L I M P A C T R E P O R T

SPONSOR Nava

DATE TYPED 2/8/05

HB

SHORT TITLE Asthma Medication for Certain Students

SB 275

ANALYST Hanika-Ortiz

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

N/A

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Health (DOH)

SUMMARY

Synopsis of Bill

Senate Bill 275 amends Public School discipline policy [Section 22-5-4.3 NMSA 1978 (being

Laws 1986, Chapter 33, Section 9)] to allow students to carry and self-administer asthma and

emergency anaphylaxis medication while attending school or at school-sponsored activities un-

der certain circumstances. These circumstances include: a healthcare provider’s legal prescrip-

tion; student instruction from the healthcare provider; student’s demonstration of skill and under-

standing to the school nurse or other school personnel; a written treatment plan from the health-

care provider; parent written documentation as required by the school district; parent to provide

and school must store backup medication in an accessible location; and an indemnity clause for

authorized school personnel who provide back-up medication in good faith.

Significant Issues

The DOH reports SB 275 is part of a national campaign to reduce death and disability due to

asthma by requiring school districts to allow students to carry and self-administer asthma medi-

cation and epinephrine auto-injectors during school hours or at school-sponsored activities, in-

cluding transit to or from school or school-sponsored activities. 30 states have legislation that

Senate Bill 275 -- Page 2

allows students to self-carry asthma medication and 18 states allow students to carry epinephrine

auto-injectors.

The DOH reports asthma is the most common chronic disease of childhood and results in an es-

timated 14 million days of school missed annually. Schools that have refused to allow students to

self-carry their asthma medication have experienced student deaths and litigation as a result.

Acute anaphylaxis due to allergy occurs in a small number of children annually, however it is

frequently a fatal condition. Allowing students at risk for anaphylaxis to carry their epinephrine

auto-injector pens is an important life saving policy.

PERFORMANCE IMPLICATIONS

SB 275 supports the DOH Strategic Plan Program Area One, Objective 6, to Prevent and Reduce

Chronic Disease.

FISCAL IMPLICATIONS

Federal legislation passed by both the House and Senate (HR 2023) gives asthma program fund-

ing preference to states that require schools to allow students to self-administer medication to

treat asthma or anaphylaxis. SB 275 is consistent with the Federal law HR 2023.

ADMINISTRATIVE IMPLICATIONS

Implementation of SB 275 will require support from the Office of School Health, School Health

Advocates and DOH’s District Health Officers. In addition to providing technical assistance to

individual school districts, the School Health Advocates will work directly with school nurses to

develop guidelines for implementation of the provisions of SB 275 and will disseminate that

guidance through the School Nurse Advisory Committee as well as the web-based School Health

Manual. The additional duties are fully consistent with the role of the School Health Advocates

and will incur minimal additional program cost.

TECHNICAL ISSUES

Section 1, paragraph 4, could also include requiring an “agreement of exemption” for the par-

ents/guardians to hold harmless and indemnify the school district’s employees and staff against

all claims, judgments, or liabilities arising out of the self-administration and carrying of medica-

tion by their child.

OTHER SUBSTANTIVE ISSUES

The DOH reports asthma is a chronic condition that significantly impacts the quality of life and

education for children and youth in New Mexico. New Mexico School Health data reveal that

9,000 students require asthma medication at school. Asthma is responsible for 14 million days of

school absence nationally and it is estimated that about 1 billion dollars is lost in parent produc-

tivity annually from loss of work.

The DOH believes allowing students to self-administer asthma medications may reduce school

absences and lost parental productivity but most importantly saves lives. From 1991-2000 there

were 11 recorded deaths in New Mexico from asthma in children 0-17 years old. Allowing stu-

Senate Bill 275 -- Page 3

dents to carry asthma medication and self-administer while attending school may save lives and

reduce the number of asthma exacerbations that require emergency care and hospitalization. Al-

lowing students at risk for anaphylaxis to carry an epinephrine auto-injector may save their life.

ALTERNATIVES

No alternatives noted.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

The DOH says students will not be allowed to self-carry their asthma and anaphylaxis medica-

tion while attending school in New Mexico.

New Mexico will not be among the states with preference to receive federal asthma program-

related funding.

AHO/njw