Asthmatic Schoolchildren's Treatment and Health Management Act of 2004 (ASTHMA Act)
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Summary
The Asthmatic Schoolchildren's Treatment and Health Management Act of 2004 (ASTHMA Act), Public Law 108-377 (H.R. 2023, 108th Congress), signed by President George W. Bush on October 30, 2004, gives federal grant preference to states that require schools to allow students to self-carry and self-administer prescribed quick-relief asthma and anaphylaxis medication.
Legislative Intent
Give states a financial incentive to protect the rights of schoolchildren with asthma and anaphylaxis to carry and self-administer their prescribed quick-relief medication during the school day, reducing emergency room visits and lost school and parental work time.
Key Provisions
Amends federal asthma-related grant programs to give a funding preference to states that require schools to allow students to self-administer medication to treat the student's asthma or anaphylaxis. A state qualifies for the preference if it requires local educational agencies to permit self-administration by a student (permitted to possess and use prescribed asthma/anaphylaxis medication under a licensed practitioner's written direction) provided the parent/guardian and practitioner submit written authorization and the student demonstrates proper use. Defines 'self-administration' as a student's discretionary use of prescribed asthma or anaphylaxis medication pursuant to a health care practitioner's written direction. Protects schools and personnel from liability for injury resulting from self-administration except in cases of gross negligence or misconduct. The preference applies to grants authorized under the Public Health Service Act and other asthma-related federal health programs.
Who This Bill Serves & Who's Backing It
Core Patient Populations
Children and adults living with asthma.
Advocacy Groups Backing This Legislation
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Legislative Timeline
Implementation & Enforcement
Votes & Legislative History
Compliance & Requirements
Legislative History & Resources
Alex's Law
Prescription Asthma Inhalers and Auto-Injectable Epinephrine in Schools
Authorizes schools to stock epinephrine and albuterol inhalers and allows students to self-carry and self-administer these medications with proper documentation.
Alex's Law
Student Self-Carry and Administration
Allows students to carry and self-administer life-saving medication on school premises, school buses, and during school activities with proper medical and parental authorization.
School Stocking Law
School Epinephrine and Albuterol Stocking
Permits schools to stock and administer emergency epinephrine and albuterol, requiring training for designated personnel and established emergency protocols.
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