07 LC
33 1838
House
Bill 654
By:
Representatives Manning of the
32nd,
Walker of the
107th,
Harbin of the
118th,
Stephenson of the
92nd,
Coleman of the
97th,
and others
A
BILL TO BE ENTITLED
AN ACT
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 enact the "Student
Asthma Management Act"; to provide for legislative findings; to define the term
"asthma management plan"; to provide for a student asthma management plan for
each student identified with asthma; to provide for related matters; 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 "Student Asthma Management
Act."
SECTION
2.
The
General Assembly finds that:
(1)
Asthma is the most common chronic disorder in childhood;
(2)
It is estimated that 10 percent of children in Georgia (212,000) have asthma,
including 15 percent of public middle school students and 16 percent of public
high school students;
(3)
Among Georgia´s children with asthma, 84 percent use prescription
medicine;
(4)
The Department of Human Resources estimates that there were more than 47,000
emergency room visits in 2004 with asthma as the primary diagnosis, and there
were more than 11,000 hospitalizations in 2004 with asthma as the primary
diagnosis;
(5)
The Department of Human Resources further estimates that Georgia´s costs
for asthma emergency room charges were approximately $35 million and asthma
hospitalization charges were more than $107 million; and
(6)
Asthma is responsible for 540,000 days of missed school annually in Georgia,
with 30 percent of adults (63,000) in homes of children with asthma missing
about 390,000 days of work or school.
SECTION
3.
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:
"20-2-775.
(a)
As used in this Code section, the term 'asthma management plan' means a written
plan for school staff that provides information about a student with asthma
concerning the child´s specific asthma triggers, medications, instructions
regarding physical activity, emergency contacts, and plans for handling
increased asthma illness or emergency situations. Such plan, which shall be
updated at least annually or whenever there is a change in such student´s
condition or treatment plan, shall include:
(1)
A list of the medications that the student receives, including those which need
to be taken during the school day;
(2)
A specific plan of action to be taken by school personnel in the case of an
acute asthmatic episode;
(3)
A list of diagnostic or treatment devices to be used by the student during the
school day;
(4)
Any limitations imposed on student activities; and
(5)
Emergency procedures and telephone numbers to be used during acute
episodes.
Such
action plan shall be signed by the student´s physician and a parent and
shall be kept on file in an accessible location at the student´s
school.
(b)
Each local board of education shall adopt a policy requiring that an asthma
management plan for each student identified with asthma be on file with local
school administrators and designated staff for use:
(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 require that an asthma management plan
for each student identified with asthma be available for school staff, subject
to the local board policy adopted pursuant to subsection (b) of this Code
section."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.