Bill 135 2013

An Act to protect pupils with asthma

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

   1.  (1)  In this Act,

"board" means a district school board or a school authority; ("conseil")

"consent" means consent given by an individual with the capacity to provide consent to treatment for the purposes of the Health Care Consent Act, 1996; ("consentement")

"employee" means an employee of a board who regularly works at the school, in the case of a school operated by the board. ("employé")

Expressions related to education

   (2)  Expressions in this Act related to education have the same meaning as in the Education Act, unless the context requires otherwise.

Establishment of policy

   2.  (1)  Every board shall establish and maintain an asthma policy in accordance with this section.

Contents of asthma policy

   (2)  The asthma policy shall include the following:

    1.  Strategies that reduce the risk of exposure to asthma triggers in classrooms and common school areas and during field trips.

    2.  A communication plan for the dissemination of information on asthma to parents, pupils and employees.

    3.  Regular training on recognizing and managing asthma for all employees and others who are in direct contact with pupils on a regular basis.

    4. A requirement that every school principal develop an individual plan for each pupil who has asthma.  The plan must be developed under the direction of the pupil's physician.

    5.  A requirement that every school permit a pupil to carry his or her asthma medication if the pupil has his or her parent's or guardian's permission and his or her physician's approval to do so.

    6.  A requirement that every school principal ensure that, upon registration, parents, guardians and pupils shall be asked to supply information about asthma, including whether a pupil has his or her parent's or guardian's permission and his or her physician's approval to carry asthma medication.

    7.  A requirement that every school principal maintain a file of current treatment and other information for each pupil with asthma, including a copy of any notes and instructions from the pupil's physician or nurse and a current emergency contact list.

Contents of individual plan

   (3)  An individual plan for a pupil with asthma shall be consistent with the board's policy and shall include:

    1.  Details informing employees and others who are in direct contact with the pupil on a regular basis of the monitoring and avoidance strategies and appropriate treatment.

    2.  A readily accessible emergency procedure for the pupil, including emergency contact information.

    3.  Details relating to the storage of the pupil's asthma medication, including,

            i.  whether the pupil is permitted to carry his or her asthma medication, and

           ii.  if the pupil is permitted to carry his or her asthma medication, whether any spare medication is kept in the school and, if so, where it is stored.

Administration of asthma medication

   3.  (1)  Employees may be preauthorized to administer medication or supervise a pupil while he or she takes medication in response to an asthma exacerbation, if the school has the consent of the parent, guardian or pupil, as applicable.

Obligation to keep school informed

   (2)  It is the obligation of the pupil's parent or guardian and the pupil to ensure that the information in the pupil's file is kept up-to-date with the medication that the pupil is taking.

Emergency administration of medication

   (3)  If an employee has reason to believe that a pupil is experiencing an asthma exacerbation, the employee may administer asthma medication to the pupil for the treatment of the exacerbation, even if there is no preauthorization to do so under subsection (1).

Immunity

   (4)  No action or other proceeding for damages shall be commenced against an employee for an act or omission done or omitted by the employee in good faith in the execution or intended execution of any duty or power under this Act.

Common law preserved

   (5)  This section does not affect or in any way interfere with the duties any person may have under common law.

Commencement

   4.  This Act comes into force on the day it receives Royal Assent.

Short title

   5.  The short title of this Act is Ryan's Law (Ensuring Asthma Friendly Schools), 2013.

 

EXPLANATORY NOTE

The Bill enacts Ryan's Law (Ensuring Asthma Friendly Schools), 2013.

The Bill requires that every school board establish and maintain an asthma policy, which must include, among other things, strategies to reduce risk of exposure to asthma triggers, a communication plan for the dissemination of information on asthma, regular training on recognizing and managing asthma, a requirement that every school principal develop an individual plan for each pupil who has asthma and a requirement that every school principal maintain a file for each pupil with asthma.  Each board's policy must also permit a pupil to carry his or her own asthma medication if the pupil has his or her parent's or guardian's permission and his or her physician's approval to do so.

The individual plan for a pupil with asthma must include details about the monitoring and avoidance strategies and appropriate treatment, a readily accessible emergency procedure for the pupil and details relating to the storage of the pupil's asthma medication.

Employees of a board may be preauthorized to administer medication or supervise a pupil while the pupil takes medication in response to an asthma exacerbation, if the school has the consent of the parent, guardian or pupil.  If an employee has reason to believe that a pupil is experiencing an asthma exacerbation, the employee may administer asthma medication, even if there is no preauthorization to do so.

The Bill provides that no action or other proceedings for damages shall be commenced against a board employee for an act or omission done or omitted in good faith.  The Bill preserves common law duties.