2013 ORS § 339.866¹
Self-administration of medication by students
(1) As used in this section:
(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 students 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 persons license, formulate a written treatment plan for managing the students 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 students parent or guardian, be kept at the students 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 students classroom if:
(A) The location identified under paragraph (d) of this subsection is not the students 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 students 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 correctional facilities. [2007 c.830 §1; 2013 c.318 §1]