{"data":{"id":"us-ok/okla.-stat.-tit.-70-70-1-116.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 70, § 70-1-116.3","heading":"Self-administration of inhaled asthma or anaphylaxis","body":"medication – School board epinephrine injector policy.\n\nA. Notwithstanding the provisions of Section 1-116.2 of this\n\ntitle, the board of education of each school district shall adopt a\n\npolicy on or before September 1, 2008, that permits the self-\n\nadministration of inhaled asthma medication by a student for\n\ntreatment of asthma, the self-administration of anaphylaxis\n\nmedication by a student for treatment of anaphylaxis and the self-\n\nadministration of replacement pancreatic enzymes by a student for\n\ntreatment of cystic fibrosis. The policy shall require:\n\n1. The parent or guardian of the student to authorize in\n\nwriting the student's self-administration of medication;\n\n2. The parent or guardian of the student to provide to the\n\nschool a written statement from the physician treating the student\n\nthat the student has asthma, anaphylaxis or cystic fibrosis and is\n\ncapable of, and has been instructed in the proper method of, self-\n\nadministration of medication;\n\n3. The parent or guardian of the student to provide to the\n\nschool an emergency supply of the student's medication to be\n\nadministered pursuant to the provisions of Section 1-116.2 of this\n\ntitle;\n\n4. The school district to inform the parent or guardian of the\n\nstudent, in writing, that the school district and its employees and\n\nagents shall incur no liability as a result of any injury arising\n\nfrom the self-administration of medication by the student; and\n\n5. The parent or guardian of the student to sign a statement\n\nacknowledging that the school district shall incur no liability as a\n\nresult of any injury arising from the self-administration of\n\nmedication by the student.\n\nB. The school board of each school district that elects to\n\nstock Epinephrine or inhalers shall amend the policy identified in\n\nsubsection A of this section.\n\n1. The amended policy for Epinephrine shall require:\n\na. the school district to inform the parent or guardian\n\nof each student, in writing, that a school nurse or\n\nschool employee trained by a health care professional\n\nor trained pursuant to subsection G of this section\n\nmay administer Epinephrine to a student whom the\n\nschool nurse or trained school employee in good faith\n\nbelieves is having an anaphylactic reaction,\n\nb. a waiver of liability executed by a parent or guardian\n\nbe on file with the school district prior to the\n\nadministration of Epinephrine pursuant to paragraph 1\n\nof this subsection, and\n\nc. the school district to designate the employee\n\nresponsible for obtaining the Epinephrine at each\n\nschool site.\n\n2. The amended policy for inhalers shall require:\n\na. the school district to inform the parent or guardian\n\nof each student, in writing, that a school nurse or\n\nschool employee trained by a health care professional\n\nmay administer an inhaler to a student whom the school\n\nnurse or trained school employee in good faith\n\nbelieves is having respiratory distress,\n\nb. the school district to designate the employee\n\nresponsible for obtaining the inhalers and spacers or\n\nholding chambers at each school site, and\n\nc. the school district to notify the parent or guardian\n\nof a student after administration of an inhaler.\n\nC. The school district and its employees and agents shall incur\n\nno liability as a result of any injury arising pursuant to the\n\ndischarge or nondischarge of the powers provided for pursuant to\n\nsubparagraph a of paragraphs 1 and 2 of subsection B of this\n\nsection.\n\nD. A licensed physician who has prescriptive authority may\n\nwrite a prescription for Epinephrine and inhalers and spacers or\n\nholding chambers to the school district in the name of the district\n\nas a body corporate specified in Section 5-105 of this title which\n\nshall be maintained at each school site. Such physician shall incur\n\nno liability as a result of any injury arising from the use of\n\nEpinephrine or the inhalers and spacers or holding chambers.\nay\n\nwrite a prescription for Epinephrine and inhalers and spacers or\n\nholding chambers to the school district in the name of the district\n\nas a body corporate specified in Section 5-105 of this title which\n\nshall be maintained at each school site. Such physician shall incur\n\nno liability as a result of any injury arising from the use of\n\nEpinephrine or the inhalers and spacers or holding chambers.\n\nE. The school district may maintain at each school a minimum of\n\ntwo Epinephrine devices and two inhalers with spacers or holding\n\nchambers in a secure location. Provided, however, that nothing in\n\nthis section shall be construed as creating or imposing a duty on a\n\nschool district to maintain Epinephrine injectors or inhalers with\n\nspacers or holding chambers at a school site or sites.\n\nF. In the event a student is believed to be having an\n\nanaphylactic reaction or respiratory distress, a school employee\n\nshall contact 911 as soon as possible. If Epinephrine is\n\nadministered to a student, a school employee shall contact 911 as\n\nsoon as possible. The school district shall notify the parent or\n\nguardian of any student who experiences a possible allergic reaction\n\nas soon as possible.\n\nG. The State Board of Education, in consultation with the State\n\nBoard of Health, shall develop model policies which school districts\n\nshall use in compliance with this section. The model policies shall\n\ninclude, at a minimum, required annual training for teachers and\n\nschool employees who are directly responsible for students on the\n\ntopics of food allergies, recognizing anaphylaxis, and instruction\n\non how to administer Epinephrine. The training shall be completed\n\nbefore the school year begins or upon hiring the teacher or school\n\nemployee. Documentation certifying completion of the required\n\ntraining shall be retained in the personnel file of the teacher or\n\nschool employee. The training may be provided online or in person\n\nby the school nurse or a recognized food allergy and anaphylaxis\n\ntraining program.\n\nH. The State Board of Education, in consultation with the State\n\nBoard of Health, shall promulgate rules to implement this section.\n\nI. As used in this section:\n\n1. \"Medication\" means a metered dose inhaler or a dry powder\n\ninhaler to alleviate asthmatic symptoms, prescribed by a physician\n\nand having an individual label, an anaphylaxis medication used to\n\ntreat anaphylaxis including but not limited to Epinephrine\n\nprescribed by a physician and having an individual label, or\n\nreplacement pancreatic enzymes prescribed by a physician and having\n\nan individual label;\n\n2. \"Self-administration\" means a student's use of medication\n\npursuant to prescription or written direction from a physician;\n\n3. \"Respiratory distress\" means the perceived or actual\n\npresence of coughing, wheezing or shortness of breath; and\n\n4. \"Inhaler\" means a device that delivers a bronchodilator to\n\nalleviate symptoms of respiratory distress that is manufactured in\n\nthe form of a metered-dose inhaler or dry-powder inhaler and that\n\nmay include a spacer or holding chamber that attaches to the inhaler\n\nto improve the delivery of the bronchodilator.\n\nJ. The permission for self-administration of asthma,\n\nanaphylaxis or replacement pancreatic enzyme medication is effective\n\nfor the school year for which it is granted and shall be renewed\n\neach subsequent school year upon fulfillment of the requirements of\n\nthis section.\n\nK. A student who is permitted to self-administer asthma,\n\nanaphylaxis or replacement pancreatic enzyme medication pursuant to\n\nthis section shall be permitted to possess and use a prescribed\n\ninhaler, anaphylaxis medication including but not limited to\n\nEpinephrine, or replacement pancreatic enzyme medication at all\n\ntimes.","path":["OK Code","Title 70"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os70.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"1b7541544fce1582058dd13459b54ee9f57230e335855a37571fb8efa421acef","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-70-70-1-116.2","next":"us-ok/okla.-stat.-tit.-70-70-1-117"},"notice":"GroundRules: Original legal text. Not legal advice."}