South Carolina Legislation

Posted on: Tue, 02/24/2004 - 10:47pm
BigDaddy's picture
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This is a copy of our letter to Senator Alexander.

Sen. Alexander:
Greetings! I am writing to you to request a meeting to discuss Senate Bill 604, sponsored by Sen. Mescher.
As a pharmacist and a parent, I certainly support this bill providing access to asthma medications within the school system. Just as asthma medications can be life saving for those children suffering from asthma, so too can EpiPens save lives in the case of accidental exposure to a substance associated with a life-threatening allergy. I would like to discuss a possible amendment or perhaps similar legislation to S604 regarding self-administration of epinephrine (EpiPen) for children with a life-threatening allergy.
My five-year old son, Ryan, is highly allergic to peanut products and we must carry an EpiPen with us at all times. Even a slight exposure to peanuts or nut products can result in Ryan suffering anaphylaxis - a life-threatening event. As Ryan will be starting Kindergarten this fall in the Oconee County school district, we will certainly be working with the school to minimize the chance for possible exposure to peanuts. However, I also want to make sure that in case of an accidental exposure Ryan will have immediate access to life saving drugs.
I would be happy to share Ryan's story with you, along with clinical and medical information about life-threatening allergies, as well as copies of similar legislation from other states. Please let me know if your schedule would permit a meeting.
My husband, Paul, and I certainly appreciate your voice in the SC Legislature, and we - along with Ryan - appreciate your consideration of this important matter.
Regards,
Maribeth

Peanut Free Store

Posted on: Wed, 02/25/2004 - 12:34am
austin2001's picture
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I live in south carolina too. I know someone who's son carries an epi to school every day. he is in first grade in greenville co.
[This message has been edited by austin2001 (edited March 19, 2004).]
[This message has been edited by austin2001 (edited March 19, 2004).]

Posted on: Tue, 03/02/2004 - 3:48am
maryt's picture
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Hi!
We are in SC also, Greenville County. My son carries his epi pen with him in school, he wears this in an epi belt. The elementary school here had no problems and the school nurse suggested it was the best plan to keep him safe. I spoke with the principal, cafe manager,teacher, nurse & 504 coordinator prior to school starting to discuss his food allergy & medical plans. Most of the EMS in SC do not carry epipens, you have to request it when you call 911 so it is important to have it readily accessible since time is of the essence in this type of medical emergency. You do not have the time to run to the nurse's office and unlock needed medicines.
What is your principal's prespective on this?
Mary

Posted on: Tue, 03/02/2004 - 4:44am
BigDaddy's picture
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Quote:Originally posted by maryt:
[b]Hi!
We are in SC also, Greenville County. My son carries his epi pen with him in school, he wears this in an epi belt. The elementary school here had no problems and the school nurse suggested it was the best plan to keep him safe. I spoke with the principal, cafe manager,teacher, nurse & 504 coordinator prior to school starting to discuss his food allergy & medical plans. Most of the EMS in SC do not carry epipens, you have to request it when you call 911 so it is important to have it readily accessible since time is of the essence in this type of medical emergency. You do not have the time to run to the nurse's office and unlock needed medicines.
What is your principal's prespective on this?
Mary[/b]
The principal seems very willing to help with this matter. I don't think we will have any problems dealing with any of the schools in our area as Ryan grows up. This issue needs to be resolved in State Law so there is no question as to what the principal's perspective is for everyone's child.
Paul

Posted on: Mon, 03/08/2004 - 7:28am
maryt's picture
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Yes, It does need to be addressed at a State level also, but that will take time to get that into action, things need to be done now in the child's school in order to keep our them safe in the meantime.

Posted on: Mon, 03/08/2004 - 10:39pm
BigDaddy's picture
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Quote:Originally posted by maryt:
[b]Yes, It does need to be addressed at a State level also, but that will take time to get that into action, things need to be done now in the child's school in order to keep our them safe in the meantime.
[/b]
Thank you for the suggestions.

Posted on: Sun, 03/14/2004 - 7:51am
FromTheSouth's picture
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Joined: 03/01/2000 - 09:00

Just for info. purposes...In our school district in SC the policy is not only keep meds. locked up in the office but teachers are told "not to get involved." Meaning, call for the nurse (which is only there part-time) or the principal...but not to administer meds. I've been told this by more than one teacher.
A friend of mine knows a teacher in Lee County who told her that the schools there are no longer serving peanut products. I haven't confirmed this. She said her friend also mentioned a couple of other counties in SC but she couldn't remember which ones.
I wasn't even aware Epi-pens were being discussed in the legislature. Please post info. as it becomes available.

Posted on: Mon, 03/15/2004 - 4:15am
BigDaddy's picture
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I wonder if our letter to the state senate provoked the addition of epi-pens? Check this out:
South Carolina General Assembly
115th Session, 2003-2004
Download This Version in Microsoft Word97 format
Bill 604
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
COMMITTEE REPORT
March 11, 2004
S. 604
Introduced by Senator Mescher
S. Printed 3/11/04--S.
Read the first time April 16, 2003.

Posted on: Tue, 03/16/2004 - 12:17am
BigDaddy's picture
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Joined: 03/20/2003 - 09:00

Back to the top.

Posted on: Thu, 03/18/2004 - 6:30am
BigDaddy's picture
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Another update on 604:
AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE
S.604 -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 59-63-80 SO AS TO REQUIRE SCHOOL
DISTRICTS TO ADOPT A POLICY AUTHORIZING A STUDENT TO SELF ADMINISTER
ASTHMA MEDICATION, TO PROVIDE FOR THE ELEMENTS OF THE POLICY INCLUDING
REQUIRING THE PARENT OF THE STUDENT TO PROVIDE CERTAIN MEDICAL
INFORMATION, AND TO PROVIDE IMMUNITY FROM LIABILITY FOR DISTRICTS AND
THEIR EMPLOYEES.
The Senate proceeded to a consideration of the Bill, the question being
the third reading of the Bill.
Senator Waldrep proposed the following amendment (BBM\ 10114SJ04), which
was adopted:
Amend the bill, as and if amended, by deleting all after the enacting
words and inserting:
SECTION 1. Article 1, Chapter 63, Title 59 of the 1976 Code is amended
by adding:
"Section 59-63-80. (A) As used in this section 'asthma medication'
includes a prescribed, inhaled asthma medication and a prescribed
epinephrine auto-injector.
(B) Each school district shall adopt a policy authorizing a student to
self-administer asthma medication. The policy must include, but is not
limited to:
(1) a requirement that the student's parent or guardian provide to the
school:
(a) written authorization for the student to self-administer asthma
medication; and
(b) a written statement from the student's health care practitioner
who prescribed the medication verifying that the student has asthma and
has been instructed in self-administration of asthma medications;
(2) authorization for students to possess and administer asthma
medication while:
(a) at school;
(b) at a school-sponsored activity;
(c) in transit to or from school or school-sponsored activities;
(d) during before-school or after-school activities on school-operated
property.
(C) The statements required in subsection (B)(1) must be kept on file
in the office of the school nurse or school administrator.
(D)(1) The State Department of Education shall develop guidelines for
a written student asthma management plan, which must be signed by:
(a) the student's health care practitioner who prescribed the asthma
medication;
(b) the school nurse or other school staff;
(c) the parent or guardian; and
(d) the student, if appropriate.
(2) The management plan for the epinephrine auto-injector must be
established and approved through the school district's process pursuant
to Section 504 of the Rehabilitation Act of 1973.
(3) The parent or guardian and the student, if appropriate, shall
authorize the school to share the student's asthma management plan with
school staff who have a legitimate need for knowledge of the
information.
(E) Asthma medication authorized to be carried by the student must be
maintained in a container appropriately labeled by the pharmacist who
filled the prescription.
(F) A student's permission to self-administer asthma medication may be
revoked if the student endangers himself or others through misuse of the
medication.
(G) The permission for self-administration of medication is effective
for the school year in which it is granted and must be renewed each
school year upon fulfilling the requirements of this section.
(H) A parent or guardian shall sign a statement acknowledging that:
(1) the school district and its employees and agents are not liable
for an injury arising from a student's self-administration of asthma
medication;
(2) the parent or guardian shall indemnify and hold harmless the
district and its employees and agents against a claim arising from a
student's self-administration of asthma medication."
SECTION 2. Section 15-78-60 of the 1976 Code, as last amended by Act
407 of 2000, is further amended by adding an appropriately numbered item
to read:
"( ) an injury a student may sustain as a result of self-administering
asthma medications or for an injury that a student may sustain from
taking or using asthma medications for which the student does not have a
prescription or does not have authorization by the school district;"
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator WALDREP explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and
ordered sent to the House of Representatives.

Posted on: Thu, 03/18/2004 - 6:37am
MommaBear's picture
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Joined: 09/23/2002 - 09:00

Quote:Originally posted by BigDaddy:
[b]SECTION 2. Section 15-78-60 of the 1976 Code, as last amended by Act
407 of 2000, is further amended by adding an appropriately numbered item
to read:
"( ) an injury a student may sustain as a result of self-administering
asthma medications or for an injury that a student may sustain from
taking or using asthma medications for which the student does not have a
prescription or does not have authorization by the school district;"
[/b]
[i]noting.[/i]
just out of curiosity, as I don't know myself: Does a waiver absolve the entity seeking the waiver of [i]negligence[/i]?
Disclaimer: I am not offering advice in any manner or form.

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