SENATE BILL 737
47th legislature - STATE OF NEW MEXICO - second session, 2006
INTRODUCED BY
Nancy Rodriguez
AN ACT
RELATING TO EDUCATION; REQUIRING SCHOOL DISTRICTS TO ESTABLISH A PRESCRIPTION MEDICATION POLICY MEETING CERTAIN MINIMUM REQUIREMENTS; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 22-5-4.3 NMSA 1978 (being Laws 1986, Chapter 33, Section 9, as amended) is amended to read:
"22-5-4.3. SCHOOL DISCIPLINE POLICIES--SCHOOL MEDICATION POLICIES--STUDENTS MAY SELF-ADMINISTER CERTAIN MEDICATIONS.--
A. Local school boards shall establish student discipline policies and shall file them with the department. The local school board shall involve parents, school personnel and students in the development of these policies, and public hearings shall be held during the formulation of these policies in the high school attendance areas within each school district or on a district-wide basis for those school districts that have no high school.
B. Each school district discipline policy shall establish rules of conduct governing areas of student and school activity, detail specific prohibited acts and activities and enumerate possible disciplinary sanctions, which sanctions may include corporal punishment, in-school suspension, school service, suspension or expulsion.
C. An individual school within a school district may establish a school discipline policy, provided that parents, school personnel and students are involved in its development and a public hearing is held in the school prior to its adoption. If an individual school adopts a discipline policy in addition to the local school board's school district discipline policy, it shall submit its policy to the local school board for approval.
D. No school employee who in good faith reports any known or suspected violation of the school discipline policy or in good faith attempts to enforce the policy shall be held liable for any civil damages as a result of such report or of the employee's efforts to enforce any part of the policy.
E. A school district shall establish a prescription medication policy that provides for creation and maintenance of a student file for a prescription medication dispensed by school personnel to a student. The file shall contain a consent form signed by the student, teacher, principal, parent and prescribing physician for each prescription medication to be dispensed. The attorney general may apply to the district court to enjoin a public school from dispensing a prescription drug in violation of the provisions of this section.
[E.] F. All public school and school district discipline policies shall allow students to carry and self-administer asthma medication and emergency anaphylaxis medication that has been legally prescribed to the student by a licensed health care provider under the following conditions:
(1) the health care provider has instructed the student in the correct and responsible use of the medication;
(2) the student has demonstrated to the health care provider and the school nurse or other school official the skill level necessary to use the medication and any device that is necessary to administer the medication as prescribed;
(3) the health care provider formulates a written treatment plan for managing asthma or anaphylaxis episodes of the student and for medication use by the student during school hours or school-sponsored activities, including transit to or from school or school-sponsored activities; and
(4) the student's parent has completed and submitted to the school any written documentation required by the school or the school district, including the treatment plan required in Paragraph (3) of this subsection and other documents related to liability.
[F.] G. The parent of a student who is allowed to carry and self-administer asthma medication and emergency anaphylaxis medication may provide the school with backup medication that shall be kept in a location to which the student has immediate access in the event of an asthma or anaphylaxis emergency.
[G.] H. Authorized school personnel who in good faith provide a person with backup medication as provided in this section shall not be held liable for civil damages as a
result of providing the medication."
Section 2. APPROPRIATION.--One hundred thousand dollars ($100,000) is appropriated from the general fund to the public education department for expenditure in fiscal year 2007 to ensure that school districts create and maintain files required pursuant to Section 22-5-4.3 NMSA 1978. Any unexpended or unencumbered balance remaining at the end of fiscal year 2007 shall revert to the general fund.
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