15-158. Emergency administration of inhalers by trained personnel; immunity; definitions

A. Pursuant to a standing order issued by the chief medical officer of a county health department, a physician licensed pursuant to title 32, chapter 13 or 17 or a nurse practitioner licensed pursuant to title 32, chapter 15, a nurse who is under contract with a school district or charter school or an employee of a school district or charter school who is trained in the administration of inhalers may administer or assist in the administration of an inhaler to a pupil or an adult whom the employee or contracted nurse believes in good faith to be exhibiting symptoms of respiratory distress while at school or at a school-sponsored activity. A school district or charter school may accept monetary donations for or apply for grants for the purchase of inhalers and spacers or holding chambers or may accept donations of inhalers and spacers or holding chambers directly from the product manufacturer.

B. Chief medical officers of county health departments, physicians licensed pursuant to title 32, chapter 13 or 17, nurse practitioners licensed pursuant to title 32, chapter 15, school districts, charter schools, employees of school districts and charter schools and nurses who are under contract with a school district or charter school are immune from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of the requirements of this section, except in cases of gross negligence, wilful misconduct or intentional wrongdoing.

C. For the purposes of this section:

1. " Bronchodilator" means albuterol or another short-acting bronchodilator that is approved by the United States food and drug administration for the treatment of respiratory distress.

2. " Inhaler" means a device that delivers a bronchodilator to alleviate symptoms of respiratory distress, that is manufactured in the form of a metered-dose inhaler or dry-powder inhaler and that includes a spacer or holding chamber that attaches to the inhaler to improve the delivery of the bronchodilator.

3. " Respiratory distress" includes the perceived or actual presence of coughing, wheezing or shortness of breath.