Subchapter IV. Student Access to Treatment.

§ 38–651.01. Definitions.

For the purposes of this subchapter, the term:

(1) "Designated epinephrine auto-injector" means a disposable drug-delivery system with a spring-activated needle, which is obtained with a prescription for a particular person, that is designed for the emergency administration of epinephrine to a person suffering an episode of anaphylaxis.

(1A) “Emergency circumstances” means reasonably apparent circumstances that indicate that any delay in treatment would endanger the health or life of the student.

(2) “Medication” means any prescription or non-prescription drug used to treat conditions and illnesses covered by this subchapter. The term "medication" does not include sunscreen.

(3) “Medication action plan” means a written medical treatment plan for an individual student that is developed and submitted to a school in accordance with § 38-651.03.

(3A) "OSSE" means the Office of the State Superintendent of Education established by § 38-2601.

(3B) "Public school" means a District of Columbia Public Schools school or a public charter school. The term "public school" excludes any parochial school or private school in the District.

(4) “Responsible person” means, in the case of a student under 18 years of age, a parent, legal guardian, legal custodian, foster parent, or other adult charged with the ongoing care and supervision of the student, and, in the case of a student 18 years of age or older, the student himself or herself.

(5) “School” means:

(A) Any public school operated under the authority of the Mayor of the District of Columbia; and

(B) Any charter school, parochial school, or private school in the District.

(5A) "Seizure action plan" means a written, individualized health plan designed to acknowledge and prepare for the health care needs of a student diagnosed with a seizure disorder.

(5B) "Seizure treatment" means seizure medication, a Vagus Nerve Stimulator magnet, or other medical treatments prescribed by a physician for an individual diagnosed with a seizure disorder.

(5C) "Sunscreen" means a lotion, cream, spray, or gel regulated by the federal Food and Drug Administration that is used for purposes of absorbing, reflecting, or scattering ultraviolet radiation and preventing sunburn.

(5D) "Undesignated emergency medications" means:

(A) Albuterol;

(B) Glucagon; and

(C) Any other medication designated by the Department of Health by rule pursuant to § 38-651.12 that would be administered in emergency circumstances to a student without a prescription for that medication on file with the school.

(6) "Undesignated epinephrine auto-injector" means a disposable drug delivery system with a spring-activated needle, which is obtained without a prescription for a particular person, that is designed for the emergency administration of epinephrine to a person suffering an episode of anaphylaxis.

(7) "UEA plan" means the undesignated epinephrine auto-injector plan established pursuant to § 38-651.04a.

(8) "UEMA plan" means the undesignated emergency medications action plan established pursuant to § 38-651.06.

§ 38–651.02. Possession and self-administration of medication.

(a) A student may possess and self-administer medication or non-medication seizure treatment at the school in which the student is currently enrolled, at school-sponsored activities, and while on school-sponsored transportation, in order to treat asthma, anaphylaxis, a seizure disorder, or other illness; provided, that:

(1) The responsible person has submitted a valid medication action plan or seizure action plan to the school; and

(2) All other conditions set forth in this subchapter are met.

(b)(1) A student may possess and self-administer sunscreen at the school in which the student is currently enrolled, at school-sponsored activities, and while on school-sponsored transportation to protect against ultraviolet radiation and sunburn without the submission of a medication action plan; provided, that the responsible person has not provided written notice to the school principal or school nurse that the student may not possess or self-administer sunscreen.

(2) School staff may administer sunscreen to a student at the school in which the student is currently enrolled, at school-sponsored activities, and while on school-sponsored transportation to protect against ultraviolet radiation and sunburn without the school possessing a medication action plan for that student; provided, that the student or responsible person has provided sunscreen for that purpose and the responsible person has not provided written notice to the school principal or school nurse that the student may not use sunscreen.

(Feb. 2, 2008, D.C. Law 17-107, § 3, 54 DCR 12230; Apr. 16, 2020, D.C. Law 23-81, § 3(b), 67 DCR 2498; Mar. 7, 2025, D.C. Law 25-272, § 2(b), 71 DCR 15784.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(b) of School Sunscreen Safety Emergency Amendment Act of 2019 (D.C. Act 23-124, Oct. 7, 2019, 66 DCR 13156).

For temporary (90 day) addition, see § 3 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 § 3 of Student Access to Treatment Congressional Review Emergency Act of 2007 (D.C. Act 17-140, October 17, 2007, 54 DCR 10736).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(b) of School Sunscreen Safety Temporary Amendment Act of 2019 (D.C. Law 23-34, Dec. 24, 2019, 66 DCR 14300).

Section 3 of Law 17-52 added a section to read as follows:

“Sec. 3. Possession and self-administration of medication.

“A student may possess and self-administer medication at the school in which the student is currently enrolled, at school-sponsored activities, and while on school-sponsored transportation, to treat asthma, anaphylaxis, or other potentially life-threatening illness; provided, that:

“(1) The responsible person has submitted a valid medication action plan to the school; and

“(2) All other conditions set forth in this act, or in rules promulgated pursuant to this act, are met.”

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

§ 38–651.03. Medication action plan.

(a) A valid medication action plan shall include:

(1) Written medical authorization, signed by a licensed health practitioner, that states:

(A) The name of the student;

(B) Emergency contact information for the responsible person, or, if the student is 18 years of age or older, another adult suitable to serve as an emergency contact;

(D) The name, purpose, and prescribed dosage of the medication;

(E) The frequency that the medication is to be administered;

(F) The possible side effects of the medication as listed on the label;

(G) Special instructions or emergency procedures; and

(H) In the case of self-administered medication, confirmation that the student has been instructed in the proper technique for self-administration of the medication and has demonstrated the ability to self-administer the medication effectively.

(2) Written authorization, signed by the responsible person, that states:

(A) A trained employee or agent of the school may administer medication to the student in accordance with rules established by the Mayor; or

(B) In the case of self-administration, the student may possess and self-administer the medication at the school in which the student is currently enrolled, at school-sponsored activities, and while on school-sponsored transportation; and

(3) Written acknowledgment that the District, a school, or an employee or agent of a school shall be immune from civil liability for the good-faith performance of responsibilities under this subchapter; except, that no immunity shall extend to criminal acts, intentional wrongdoing, gross negligence, or wanton or willful misconduct.

(a-1)(1) If a student is a qualifying patient and the failure to administer medical marijuana during the school day would disrupt the student's ability to participate in school instruction, a medication action plan may include administration of medical marijuana, in a non-smokable form, to the student.

(2) The medication action plan of a student who seeks to administer medical marijuana during the school day shall include a certification from an authorized practitioner, as that term is defined in § 7-1671.01(1C), that the failure to administer medical marijuana during the school day would disrupt the student's ability to participate in school instruction.

(3) A school shall adopt policies that permit a student who is a qualifying patient to administer medical marijuana on campus during the school day as necessary based on the terms of the student's medical authorization.

(4) A school may discontinue compliance with paragraphs (1) through (3) of this subsection if, after October 7, 2019, the federal government issues a communication indicating that federal funding will be withheld from the District or a school within the District if the school continues to authorize administration of medical marijuana on its campus.

(5) For the purposes of this subsection "qualifying patient" shall have the same meaning as provided in § 7-1671.01(19).

(b) Immediately following any changes regarding the health or treatment of the student, the responsible person shall submit to the school an amended medication action plan.

(c) The medication action plan shall be updated at least annually, in accordance with a schedule determined by the Mayor.

(Feb. 2, 2008, D.C. Law 17-107, § 4, 54 DCR 12230; Mar. 9, 2016, D.C. Law 21-77, § 2(b), 63 DCR 756; Apr. 16, 2020, D.C. Law 23-81, § 3(c), 67 DCR 2498.)

Section References

This section is referenced in § 38-651.01.

Effect of Amendments

The 2016 amendment by D.C. Law 21-77 would have added “or, if the student is 18 years of age or older, another adult suitable to serve as an emergency contact” in (a)(1)(B).

Applicability

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(b) 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.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3 of Student Medical Marijuana Patient Fairness Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-199, Jan. 16, 2020, 67 DCR 585).

For temporary (90 days) amendment of this section, see § 3 of Student Medical Marijuana Patient Fairness Emergency Amendment Act of 2019 (D.C. Act 23-126, Oct. 7, 2019, 66 DCR 13161).

For temporary (90 day) addition, see § 4 of Student Access to Treatment Emergency Amendment Act of 2007 (D.C. Act 17-82, July 26, 2007, 54 DCR 7999).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 3 of Student Medical Marijuana Patient Fairness Temporary Amendment Act of 2019. (D.C. Law 23-35, Dec. 24, 2019, 66 DCR 14302).

Section 4 of Law 17-52 added a section to read as follows:

“Sec. 4. Medication action plan.

“(a) No student shall possess or self-administer medication at the school in which the student is currently enrolled, at school-sponsored activities, or while on school-sponsored transportation, unless the school has a valid medication action plan for that student.

“(b) A valid medication action plan shall include:

“(1) Written medical authorization, signed by the student’s health practitioner, that states:

“(A) The name of the student;

“(B) Emergency contact information for the responsible person;

“(C) Contact information for the health practitioner;

“(D) The name, purpose, and prescribed dosage of the medication;

“(E) The frequency that the medication is to be administered;

“(F) The possible side effects of the medication;

“(G) Special instructions or emergency procedures; and

“(H) In the case of self-administered medication, confirmation that the student has been instructed in the proper technique for self-administration of the medication and has demonstrated the ability to self-administer the medication effectively;

“(2) Written authorization, signed by the responsible person, that states:

“(A) A trained school employee may administer medication to the student in accordance with rules established by the Mayor; or

“(B) In the case of self-administration, the student may possess and self-administer the medication at the school in which the student is currently enrolled, at school-sponsored activities, and while on school-sponsored transportation; and

“(3) Written acknowledgment that the school and its employees shall incur no liability and that the responsible person shall indemnify and hold harmless the school and its employees against any claims that may arise relating to the administration, general supervision, training, administration, or self-administration of the authorized medication.

“(c) Within 30 days of any changes in the student’s health that affect the medication action plan, the responsible person shall revise the medication action plan and submit the amended plan to the school.

“(d) The medication action plan shall be updated at least annually, in accordance with a schedule determined by the Mayor.

“(e) A school may deny a medication action plan, pursuant to terms established by the Mayor.”

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

§ 38–651.03a. Seizure action plan and training requirements.

(a) The responsible person shall submit a seizure action plan to the school for a student diagnosed with a seizure disorder.

(b) A valid seizure action plan shall include:

(1) A written statement or authorization, signed by the student's health care provider, that states:

(A) The name of the student;

(B) Emergency contact information for the responsible person, or, if the student is 18 years of age or older, another adult suitable to serve as an emergency contact;

(D) The name, purpose, and prescribed dosage of the seizure treatment prescribed to the student;

(E) The method of administration for the seizure treatment;

(F) The frequency that the seizure treatment is to be administered;

(G) The symptoms necessitating administration of the seizure treatment;

(H) The possible side effects of the seizure treatment as listed on the label;

(I) Special instructions or emergency procedures; and

(J) In the case of self-administered seizure treatment, confirmation that the student has been instructed in the proper technique of self-administration of the seizure treatment and has demonstrated the ability to self-administer the seizure treatment effectively;

(2) Written authorization, signed by the responsible person, that states:

(A) A trained employee or agent of the school may administer seizure treatment to the student in accordance with the student's seizure action plan;

(B) In the case of self-administration, the student may possess and self-administer the seizure treatment in accordance with the student's seizure action plan; and

(C) The name of the student and their seizure action plan may be distributed to school staff or agents who may encounter the student during their time at school; and

(3) Written acknowledgment that the District, a school, or an employee or agent of a school, who has received training in the administration of seizure treatment, shall be immune from civil liability for the good-faith performance of responsibilities under this subchapter; except, that no immunity shall extend to criminal acts, intentional wrongdoing, gross negligence, or wanton or willful misconduct.

(c) Any school staff or agent who receives personally identifiable health information through a seizure action plan pursuant to subsection (b) of this section shall keep this information confidential.

(d) Beginning on June 1, 2025, the Department of Health shall offer a voluntary training on seizure awareness at least 3 times during each school year for school personnel and agents, which shall include recognition of the signs and symptoms of seizures and the appropriate steps to be taken to respond to those symptoms.

(e) Schools shall notify, at minimum, all school personnel with direct contact with students with seizure action plans of the availability of the training offered under subsection (d) of this section and authorize personnel to attend this training.

§ 38–651.04. Medication administration training program.

(a) By July 1, 2008, the Mayor shall develop and implement a medication administration training program, which shall provide training and certification of employees and agents of a school to:

(1) Administer medication to students with valid medication action plans who are not authorized to possess that medication or are not competent to self-administer the medication; and

(2) Administer medication in emergency circumstances to any student experiencing an acute episode of asthma, anaphylaxis, or other illness.

(b) All training provided pursuant to subsection (a) of this section shall be conducted by a health-care professional licensed in the District of Columbia.

(c) A health-care professional shall provide a school with written certification of successful completion of the training for each employee or agent of the school. The certification shall be valid for 3 years.

§ 38–651.04a. Student access to epinephrine.

(a) OSSE shall establish and administer an undesignated epinephrine auto-injector plan that authorizes a public school to possess and administer undesignated epinephrine auto-injectors.

(b)(1) By June 1, 2016, the Department of Health shall obtain a standing order signed by at least one practicing physician, physician assistant, or advanced practice nurse licensed in the District to permit public schools to use undesignated epinephrine auto-injectors in emergency circumstances.

(2) By July 1, 2016, OSSE shall develop and implement an epinephrine administration training program, which shall provide training and certification of employees and agents of a public school on the storage and emergency use of a designated or undesignated epinephrine auto-injector on a person suffering an episode of anaphylaxis.

(3) Upon implementation of the UEA plan, each public school shall ensure that it has at least 2 employees or agents certified in the use of an undesignated epinephrine auto-injector who are available to administer epinephrine during all hours of the school day.

(4) For the purposes of this subsection, the term "certified" means an individual who has obtained a certificate of completion of the epinephrine administration training that is developed and implemented by OSSE and approved by the Mayor.

(c)(1) Under the UEA plan, OSSE shall:

(A) Implement the UEA plan, with guidance from the Department of Health;

(B) Procure and distribute undesignated epinephrine auto-injectors to public schools for use in emergency circumstances;

(C) Monitor the supply of undesignated epinephrine auto-injectors, including ensuring that the supply is restocked as auto-injectors are used;

(D) Ensure the destruction of expired undesignated epinephrine auto-injectors at public schools; and

(E) Maintain records regarding the procurement, distribution, and disposition of undesignated epinephrine auto-injectors for 3 years.

(2)(A) A public school shall store undesignated epinephrine auto-injectors in a secure but easily accessible location in accordance with the manufacturer's instructions.

(B) Each public school shall maintain, at all times, no fewer than 2 unexpired undesignated epinephrine auto-injectors of each dosage available through the UEA plan.

(d)(1) An employee or agent of a public school who is certified pursuant to this section may administer an undesignated epinephrine auto-injector to a student who the employee or agent believes in good faith to be suffering or about to suffer an anaphylactic episode.

(2) Undesignated epinephrine auto-injectors may be used on public school property, including the school building, playground, and school bus, as well as during field trips or sanctioned excursions away from public school property. The certified employee or agent of the public school may carry an appropriate supply of the public school's undesignated epinephrine auto-injectors on field trips or excursions.

(3) Within 24 hours of the administration of an undesignated epinephrine auto-injector, the public school shall notify OSSE and the physician, physician assistant, or advance practice nurse who provided the standing order for the undesignated epinephrine auto-injector of its use.

(4) As soon as practicable following the administration of medication pursuant to this section, the public school shall inform the student's responsible person that the medication was administered.

(e) An employee or agent of a public school who is certified pursuant to this section may administer a designated epinephrine auto-injector to the student to whom it is prescribed, who the employee or agent believes in good faith to be suffering or about to suffer an anaphylactic episode.

§ 38–651.05. Administration of medication.

(a) An employee or agent trained and certified pursuant to § 38-651.04 may administer medication to a student with a valid medication action plan; provided, that:

(1) The responsible person has delivered the medication to be administered to the school;

(2) The employee or agent is under the general supervision of licensed health practitioner; and

(3) Except in emergency circumstances, the responsible person has administered the initial dose of a new medication.

(b)(1) An employee or agent trained pursuant to rules promulgated by the Mayor may administer a seizure treatment to a student with a valid seizure action plan; provided, that the responsible person has delivered the seizure treatment to be administered to the school.

(2) A trained employee or agent need not be certified in order to administer seizure treatment.

§ 38–651.06. Student access to undesignated emergency medications.

(a) By February 1, 2024, the Department of Health ("Department") shall establish a UEMA plan that authorizes a public school to possess and administer undesignated emergency medications to students without prescriptions for those medications.

(b) By June 1, 2024, the Department shall obtain a standing order signed by at least one physician, physician assistant, or advanced practice nurse licensed in the District to permit public schools to use undesignated emergency medications.

(1) Ensure that undesignated emergency medications are procured and distributed to public schools for use in emergency circumstances;

(2) Ensure the removal and replacement of expired undesignated emergency medications in a timely manner;

(3) Monitor the supply of undesignated emergency medications and ensure sufficient supply is provided to public schools;

(4) Maintain records of the types and quantities of undesignated emergency medications at each public school;

(5) Maintain records regarding the procurement, distribution, and disposition of undesignated emergency medications for 3 years; and

(6) Establish written protocols for schools to notify a student's responsible person and health suite personnel after the school's certified staff or agent administers an undesignated emergency medication.

(d)(1) Beginning July 1, 2024, each public school shall:

(A) Designate at least 2 employees or agents of the school to be certified in the use of undesignated emergency medications who are available to administer medications during all hours of the school day;

(B) Store undesignated emergency medications in a secure but easily accessible location in accordance with the manufacturer's instructions; and

(C) Communicate the contact information of the school's certified employees or agents to all staff and personnel at the school.

(2) For the purposes of this subsection, the term "certified" means an individual who has obtained a certificate of completion of the Department's medication administration training program established by section 5.

(e) OSSE shall:

(1) Require written proof of compliance with subsection (d) of this section from each public school on an annual basis;

(2) Require any public school not in compliance to submit a plan outlining the steps the school shall take to address the noncompliance;

(3) Provide public schools with resources to implement the requirements of subsection (d) of this section; and

(4) Maintain records regarding each public school's compliance with subsection (d) of this section for 3 years.

(f)(1) An employee or agent of a public school who is certified pursuant to this section may administer an undesignated emergency medication to a student whom the employee or agent believes in good faith to immediately require the medication.

(2)(A) Undesignated emergency medications may be used on public school property, including the school building, playground, and school bus, as well as during field trips or sanctioned excursions away from public school property.

(B) The certified employee or agent of the public school may carry an appropriate supply of the public school's undesignated emergency medications on field trips or excursions; provided, that there remains a sufficient supply of the undesignated emergency medication in the school building.

(3) Within one business day of administering an undesignated emergency medication to a student, the public school shall notify the Department, who shall in turn:

(A) Notify OSSE;

(B) Notify the physician, physician assistant, or advance practice nurse who provided the standing order for the undesignated emergency medication; and

(C) Provide guidance to the school on how to notify the student's responsible person and health suite personnel that undesignated emergency medication was administered.

(g) An employee or agent of a public school who is certified pursuant to this section may also administer medication for which they are trained to a student to whom it is prescribed, who the employee or agent believes in good faith requires the immediate use of the medication.

(h) The Department shall develop a procedure by which the responsible person may request that the student not receive treatment in emergency circumstances.

(Feb. 2, 2008, D.C. Law 17-107, § 7, 54 DCR 12230; Mar. 9, 2016, D.C. Law 21-77, § 2(d), 63 DCR 756; Feb. 15, 2024, D.C. Law 25-124, § 2(b), 70 DCR 16578.)

Effect of Amendments

The 2016 amendment by D.C. Law 21-77 would have substituted “the student” for “a minor student” in (d).

Applicability

Section 7289 of D.C. Law 25-217 repealed section 3 of D.C. Law 25-124 removing the applicability provision impacting subsections (b) through (h) of this section. Therefore the amendment of this section by section 3 of Law 25-124 has been implemented.

Section 7289 of D.C. Act 25-506 repealed section 3 of D.C. Law 25-124 removing the applicability provision impacting subsections (b) through (h) of this section. Therefore the amendment of this section by section 3 of Law 25-124 has been implemented.

Applicability of D.C. Law 25-124: § 3 of D.C. Law 25-124 provided that the amendments to subsections (b) through (h) of this section by § 2(b) of D.C. Law 25-124 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.

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(d) 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.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 7289 of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406).

Delegation of Authority

Delegation of Authority to the Student Access to Treatment Act of 2007, see Mayor’s Order 2008-85, June 11, 2008 ( 55 DCR 9362).

§ 38–651.07. Posting of emergency response information.

By July 1, 2008, the Mayor shall develop a standardized form for posting emergency response information. The information shall be posted in all schools and shall include:

(1) An explanation of the symptoms and possible consequences of conditions covered by this subchapter;

(2) The names of all the employees or agents of the particular school who are trained and certified to administer medication in emergency circumstances; and

(3) The emergency response steps, as identified by the Mayor, to be taken by the school.

§ 38–651.08. Maintenance of records.

(a) A school shall keep the medication action plans or seizure action plans in the school health suite or other designated, easily accessible location.

(b) A school shall create and maintain a list of students with valid medication action plans or seizure action plans, including the emergency contact information for each student. The principal of the school may distribute the list among appropriate employees or agents of the school.

(d) A school shall maintain accurate records of all incidents where medication or seizure treatment was administered to a student in an emergency circumstance.

(Feb. 2, 2008, D.C. Law 17-107, § 9, 54 DCR 12230; Mar. 7, 2025, D.C. Law 25-272, § 2(e), 71 DCR 15784.)

Emergency Legislation

For temporary (90 day) addition, see § 5 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 § 5 of Student Access to Treatment Congressional Review Emergency Act of 2007 (D.C. Act 17-140, October 17, 2007, 54 DCR 10736).

Temporary Legislation

Section 5 of Law 17-52 added a section to read as follows:

“Sec. 5. Maintenance of records.

“(a) A school shall keep the medication action plan in the school health suite, or other designated, easily accessible location.

“(b) A school shall create and maintain a list of students with valid medication action plans, including the emergency contact information for each student. The principal of the school may distribute this list among appropriate school employees.

“(c) Each school that has a student with a medication action plan for self-administration may schedule a meeting at the beginning of the school year with the school nurse, the principal, the student, the responsible person, and any other appropriate school staff to review the student’s medication action plan. Authorization to possess and self-administer previously approved medication shall not be dependent on having had this meeting.”

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

§ 38–651.09. Storage of medication.

(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 or seizure treatment to store for the treatment of asthma, anaphylaxis, a seizure disorder, or other illness from the responsible person for a student with a valid medication action plan or seizure action plan.

(2) The medication or seizure treatment 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.

(4) For a student with a seizure action plan, this subsection shall apply to any seizure treatment, including a Vagus Nerve Stimulator magnet.

(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; Mar. 7, 2025, D.C. Law 25-272, § 2(f), 71 DCR 15784.)

Effect of Amendments

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.”

Applicability

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.

Emergency Legislation

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).

Temporary Legislation

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.

§ 38–651.10. Misuse.

(a) A school may deny a medication action plan or seizure action plan pursuant to terms established by the Mayor.

(b) A student who self-administers medication while at school, at a school-sponsored activity, or while on school-sponsored transportation for a purpose other than his or her own treatment may be subject to disciplinary action by the school; provided, that disciplinary action shall not limit or restrict the access of a student to his or her prescribed medication. The school shall promptly notify the responsible person of any disciplinary action imposed.

(Feb. 2, 2008, D.C. Law 17-107, § 11, 54 DCR 12230; Mar. 7, 2025, D.C. Law 25-272, § 2(g), 71 DCR 15784.)

Emergency Legislation

For temporary (90 day) addition, see § 7 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 § 7 of Student Access to Treatment Congressional Review Emergency Act of 2007 (D.C. Act 17-140, October 17, 2007, 54 DCR 10736).

Temporary Legislation

Section 7 of Law 17-52 added a section to read as follows:

“Sec. 7. Misuse.

“A student who self-administers medication while at school, at a school-sponsored activity, or while on school-sponsored transportation for a purpose other than his or her own authorized treatment may be subject to disciplinary action by the school; provided, that disciplinary action shall not limit or restrict the access of a student to his or her prescribed medication. The school shall promptly notify the responsible person of any disciplinary action imposed.”

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

§ 38–651.11. Liability.

The District, a school, an employee or agent of a school, or the practicing physician, physician assistant, or advanced practice nurse who has issued the standing order pursuant to this subchapter shall be immune from civil liability for the good-faith performance of responsibilities under this subchapter; except, that no immunity shall extend to criminal acts, intentional wrongdoing, gross negligence, or wanton or willful misconduct.

(Feb. 2, 2008, D.C. Law 17-107, § 12, 54 DCR 12230; Mar. 9, 2016, D.C. Law 21-77, § 2(f), 63 DCR 756.)

Effect of Amendments

The 2016 amendment by D.C. Law 21-77 would have substituted “an employee or agent of a school, or the practicing physician, physician assistant, or advanced practice nurse who has issued the standing order pursuant to this subchapter” for “or an employee or agent of a school.”

Applicability

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(f) 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.

Emergency Legislation

For temporary (90 day) addition, see § 8 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 § 8 of Student Access to Treatment Congressional Review Emergency Act of 2007 (D.C. Act 17-140, October 17, 2007, 54 DCR 10736).

Temporary Legislation

Section 8 of Law 17-52 added a section to read as follows:

“Sec. 8. Liability waiver.

“(a) No school nor any employee or agent of a school shall be held liable for the good-faith performance of responsibilities under this act.

“(b) Except as provided in subsection (a) of this section, nothing in this act shall be interpreted to create a cause of action or to increase or diminish the liability of any person.”

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

§ 38–651.12. Rules.

(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this subchapter.

(b) The Mayor may establish, by regulation, additional types of medication that a student may self-administer and other illnesses for which a student may self-administer medication other than those provided in this subchapter.

(c) All existing rules and regulations promulgated pursuant to subchapter III of this chapter [§ 38-631 et seq.] [repealed], shall remain in effect until rules promulgated pursuant to this subchapter become effective.

(d) By August 1, 2016, pursuant to the authority granted by § 38-2602(b)(11), OSSE, in consultation with the Department of Health, shall issue rules to implement the provisions of § 38-651.04a, including establishing a protocol for record keeping whenever epinephrine is administered pursuant to § 38-651.04a.

(e) The Department of Health shall issue rules to implement the provisions of § 38-651.06, including the creation of a list designating specific medications that would be administered in emergency circumstances.

(Feb. 2, 2008, D.C. Law 17-107, § 13, 54 DCR 12230; Mar. 9, 2016, D.C. Law 21-77, § 2(g), 63 DCR 756; Feb. 15, 2024, D.C. Law 25-124, § 2(c), 70 DCR 16578.)

Effect of Amendments

The 2016 amendment by D.C. Law 21-77 would have added (d).

Applicability

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(g) 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.

Emergency Legislation

For temporary (90 day) addition, see § 9 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 § 9 of Student Access to Treatment Congressional Review Emergency Act of 2007 (D.C. Act 17-140, October 17, 2007, 54 DCR 10736).

Temporary Legislation

Section 9 of Law 17-52 added a section to read as follows:

“Sec. 9. Rules.

“(a) The Mayor, pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of this act.

“(b) The Mayor may establish, by regulation, additional types of medication a student may self-administer and potentially life-threatening illnesses for which a student may self-administer medication other than those provided in this act.”

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

Delegation of Authority

Delegation of Authority to the Student Access to Treatment Act of 2007, see Mayor’s Order 2008-85, June 11, 2008 ( 55 DCR 9362).