(1)(a) Beginning in the 2027-28 school year, school districts and private schools are authorized to maintain a supply of albuterol at each school in a designated location.
(b) Albuterol may be acquired from donation sources, but it must be accompanied by a prescription.
(2)(a) A licensed health professional with the authority to prescribe albuterol including, but not limited to, the secretary of health or the secretary's designee in accordance with RCW
43.70.183, may prescribe albuterol in the name of the school district or school to be maintained for use when necessary. Albuterol prescriptions must be accompanied by a standing order, issued in accordance with this section or RCW
43.70.183, authorizing the administration of school or school district-supplied, undesignated albuterol for the management of respiratory symptoms, including breathing difficulties caused by conditions such as asthma.
(b) Nothing in this section changes current prescription or self-administration practices for children with existing albuterol prescriptions under RCW
28A.210.370.
(3) Albuterol from the school or school district supply authorized under this section must be accessed and administered in accordance with the uniform procedure under RCW
28A.210.370 for the management of a student's respiratory symptoms, including breathing difficulties caused by conditions such as asthma, as follows:
(a) If the student has a prescription for albuterol on file, a school nurse or designated trained school personnel may administer albuterol; or
(b) If the student does not possess albuterol or have a prescription for albuterol on file, only a school nurse may administer albuterol.
(4) A school must immediately notify a student's parent or guardian when a student is administered albuterol under this section or when a student self-administers albuterol under RCW
28A.210.370 and the school has knowledge of this self-administration.
(5) Albuterol may be maintained, accessed, and administered on private school or school district property, including the school building, playground, and school bus, as well as during field trips or sanctioned excursions away from school property. The school nurse or designated trained school personnel may transport and carry a reasonable quantity of the school or school district supply of albuterol on field trips or excursions.
(6)(a) If a student is injured or harmed due to the administration of albuterol that a licensed health professional with prescribing authority has prescribed and a pharmacist has dispensed to a school or school district under this section or in accordance with RCW
43.70.183, the licensed health professional with prescribing authority and pharmacist may not be held responsible for the injury unless the prescription was issued with a conscious disregard for safety.
(b) In the event a school nurse or other school employee or contractor administers albuterol in substantial compliance with a student's prescription that has been prescribed by a licensed health professional within the scope of the professional's prescriptive authority or by statewide standing order in accordance with RCW
43.70.183, if applicable, and written policies of the school district or private school, then the school personnel, the school personnel's school district or school of employment, and the members of the governing board and chief administrator thereof are not liable in any criminal action or for civil damages in their individual, marital, governmental, corporate, or other capacity as a result of providing the albuterol.
(c) School employees, except those licensed under chapter
18.79 RCW, who have not agreed in writing to include the management of albuterol as a specific part of their job description, may file with the school district a written letter of refusal declining to manage albuterol. This written letter of refusal may not serve as grounds for discharge, nonrenewal of an employment contract, or other action adversely affecting the employee's contract status. For the purposes of this subsection, "management of albuterol" means the storage, maintenance, access, administration, documentation, and transportation of albuterol in accordance with: A standing order issued in accordance with this section or RCW
43.70.183; and applicable written policies of the school district.
(7) As used in this section, "albuterol" means albuterol aerosol, powder, or solution for use in an inhaler or nebulizer.
(8) This section governs school operation and management under RCW
28A.710.040 and
28A.715.020 and applies to charter schools established under chapter
28A.710 RCW and state-tribal education compact schools subject to chapter
28A.715 RCW to the same extent as it applies to school districts.
