Prevention. Promotion. Protection.

Self-Administration of Medication Forms

Self Administration for Medication HB 85:

Asthma Inhalers and Epi-Pens

HB85 was passed during the 2005 Legislative Session and became effective on October 12, 2005. Here is some information that will help you implement this important new law regarding Alaska students living with asthma or severe allergies.

Specifically, as a result of HB85, Alaska State Statutes (section 14.30.141) states that a school shall permit self-administration of medication by a pupil for asthma or anaphylaxis (severe allergic reactions) under specific conditions and with written authorization and certification.

Alaska schools must permit self-administration if the pupil’s parent or guardian provides the school with:

  • written authorization from a parent or legal guardian for the self-administration of the medication;
  • written certification from a pupil’s health care provider that the pupil: (a) has asthma or a condition that may lead to anaphylaxis and (b) has received instruction in the proper method of self-administration of the medication; and (c) has demonstrated to the health care provider the skill level necessary to use the medication and any device that is necessary to administer the medication as prescribed.
  • an Asthma and/or Allergy/Anaphylaxis Action Plan (written treatment plan) signed by the pupil’s health care provider.
  • a release of liability for the school and its employees or agents for injury arising from self-administration.
  • an agreement to indemnify and hold harmless the school and its employees for claims arising from self-administration.

In return, schools shall provide a written notice to the pupil’s parents or guardians of the school’s absence of liability related to the self-administration of medication according to the law.

Links to the sample Asthma Action Cards and Allergy/Anaphylaxis Action Plan forms created by the Asthma and Allergy Foundation of America, Alaska Chapter and the Alaska Asthma Coalition. If you have questions regarding the requirements of the new law, please contact your legal advisor.

Under the law, a student who is permitted to self-administer medication under AS 14.30.141 shall be permitted to carry and to store with the school nurse or other designated school official an inhaler or autoinjectable epinephrine (Epipen) or both at all times. According to the American Lung Association of Alaska and Asthma and Allergy Foundation of America, Alaska Chapter “students should be encouraged to have an extra inhaler and EpiPen in the health office or designated area, even when they are allowed to carry their own. This way, children will not be without an inhaler or EpiPen should they misplace their own”.

The law allows the school to take disciplinary action if a student misuses an inhaler or EpiPen in any way, including sharing it with anyone or sticking or spraying it at anyone as long as that disciplinary action does not limit or restrict the student’s immediate access to the student’s prescribed medication.

The HB85 legislation was supported by the Association of Alaska School Boards, Allergy and Asthma Network, Asthma and Allergy Foundation of American (AAFA) Alaska Chapter, Allergy and Asthma Network Mothers of Asthmatics, the National Association of School Nurses, the Alaska Nurses Association, the American Academy of Pediatrics, Alaska Chapter, the American Lung Association of Alaska (ALAA), and the Alaska Asthma Coalition.

In addition, the ALAA and AAFA offices have resources for your staff and their families. For further information, please contact the Asthma and Allergy Foundation of America, Alaska Chapter, www.aafaAlaska.com, 1-800-651-4914 toll-free or the American Lung Association of Alaska, www.aklung.org (907) 276-LUNG toll free in Alaska.