(a) Except as provided in § 38-651.04a, a school may procure medication for the treatment of asthma or other illness for use in emergency circumstances. The medication shall be properly stored and maintained in an easily accessible location.

(b)(1) A school may receive medication to store for the treatment of asthma, anaphylaxis, or other illness from the responsible person for a student with a valid medication action plan.

(2) The medication shall be:

(A) Properly stored at the school in a location to which the student has immediate access in case of an emergency; and

(B) Labeled with the:

(i) Name of the student;

(ii) Name of the medication;

(iii) Dosage;

(iv) Time of administration; and

(v) Duration of medication.

(3) No school shall be required to store more than a 3-school-day supply of medication for any one student.

(Feb. 2, 2008, D.C. Law 17-107, § 10, 54 DCR 12230; Mar. 9, 2016, D.C. Law 21-77, § 2(e), 63 DCR 756.)

The 2016 amendment by D.C. Law 21-77, in (a), would have added "Except as provided in § 38-0651.04a” and would have deleted “anaphylaxis” following “asthma.”

Section 7002 of D.C. Law 21-160 repealed section 4 of D.C. Law 21-77. Therefore the changes made to this section by D.C. Law 21-177 have been given effect.

Applicability of D.C. Law 21-77: § 4 of D.C. Law 21-77 provided that the change made to this section by § 2(e) of D.C. Law 21-77 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

For temporary (90 day) addition, see § 6 of Student Access to Treatment Emergency Amendment Act of 2007 (D.C. Act 17-82, July 26, 2007, 54 DCR 7999).

For temporary (90 day) addition, see § 6 of Student Access to Treatment Congressional Review Emergency Act of 2007 (D.C. Act 17-140, October 17, 2007, 54 DCR 10736).

Section 6 of Law 17-52 added a section to read as follows:

“Sec. 6. Storage of medication.

“(a) A school may receive additional medication from the responsible person for a student with a valid medication action plan; provided, that no school shall be required to store more than a 30-school-day supply of medication for any one student.

“(b) Additional medication shall be:

“(1) Properly stored at the school in a location to which the student has immediate access in case of an emergency; and

“(2) Labeled with the name of the student and the name of the medication, including the dosage, the frequency of administration, and the duration of the medication.

Section 11(b) of D.C. Law 17-52 provided that the act shall expire after 225 days of its having taken effect.