School Health Services

"Kellen Edwin Bolden Act"

Georgia General Assembly
02 SB472/AP
Senate Bill 472
By: Senators Butler of the 55th, Thomas of the 10th and Thomas of the 54th
AS PASSED

AN ACT

To amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health, so as to provide for self-administration of asthma medication by students; to provide an exemption from liability related thereto; to provide a short title; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
This Act shall be known and may be cited as the "Kellen Edwin Bolden Act."

SECTION 2.
Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health, is amended by adding a new Code section to read as follows:

20-2-774.

(a) As used in this Code section, the term:

(1) 'Medication' means a medicine prescribed by

(A) A physician licensed under Chapter 34 of Title 43; or
(B) A physician´s assistant licensed under Chapter 34 of Title 43 who is authorized to prescribe medicine for the treatment of asthma in accordance with said chapter.

(2) 'Self-administration of asthma medication' means a student´s discretionary use of asthma medication prescribed for him or her.

(b) Each local board of education shall adopt a policy authorizing the self-administration of asthma medication by a student who has asthma, provided that any student who is authorized for self-administration of asthma medication under such policy may possess and use his or her asthma medication:

(1) While in school;
(2) At a school sponsored activity;
(3) While under the supervision of school personnel; or
(4) While in before-school or after-school care on school operated property.

(c) Each public school in this state shall permit the self-administration of asthma medication by a student who has asthma, subject to the local policy adopted pursuant to subsection (b) of this Code section; and the school district and its employees and agents shall incur no liability other than for willful or wanton misconduct for any injury to a student caused by his or her self-administration of asthma medication."

SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.


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