[116th Congress Public Law 292]
[From the U.S. Government Publishing Office]
[[Page 134 STAT. 4896]]
Public Law 116-292
116th Congress
An Act
To amend the Public Health Service Act to increase the preference given,
in awarding certain allergies and asthma-related grants, to States that
require certain public schools to have allergies and asthma management
programs, and for other purposes. <<NOTE: Jan. 5, 2021 - [H.R. 2468]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: School-Based
Allergies and Asthma Management Program Act. 42 USC 201 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School-Based Allergies and Asthma
Management Program Act''.
SEC. 2. ADDITIONAL PREFERENCE TO CERTAIN STATES THAT REQUIRE
CERTAIN PUBLIC SCHOOLS TO HAVE ALLERGIES AND
ASTHMA MANAGEMENT PROGRAMS.
Section 399L(d) of the Public Health Service Act (42 U.S.C. 280g(d))
is amended--
(1) in paragraph (1)(F)--
(A) by redesignating clauses (i), (ii), and (iii) as
subclauses (I), (II), and (III), respectively, and
moving each of such subclauses (as so redesignated) 2
ems to the right;
(B) by striking ``epinephrine.--In determining'' and
inserting ``epinephrine or school comprehensive
allergies and asthma management program.--
``(i) In general.--In determining'';
(C) by striking ``in the State--'' and inserting
``in the State satisfy the criteria described in clause
(ii) or clause (iii).
``(ii) Criteria for school personnel
administration of epinephrine.--For purposes of
clause (i), the criteria described in this clause,
with respect to each public elementary school and
secondary school in the State, are that each such
school--''; and
(D) by adding at the end the following new clause:
``(iii) Criteria for school comprehensive
allergies and asthma management program.--For
purposes of clause (i), the criteria described in
this clause, with respect to each public
elementary school and secondary school in the
State, are that each such school--
``(I) has in place a plan for having
on the premises of the school during all
operating hours of the school a school
nurse or one or more other individuals
who are designated by the principal (or
other appropriate administrative staff)
of the school to direct and apply the
program described
[[Page 134 STAT. 4897]]
in subclause (II) on a voluntary basis
outside their scope of employment; and
``(II) has in place, under the
direction of a school nurse or other
individual designated under subclause
(I), a comprehensive school-based
allergies and asthma management program
that includes--
``(aa) a method to identify
all students of such school with
a diagnosis of allergies and
asthma;
``(bb) an individual student
allergies and asthma action plan
for each student of such school
with a diagnosis of allergies
and asthma;
``(cc) allergies and asthma
education for school staff who
are directly responsible for
students who have been
identified as having allergies
or asthma, such as education
regarding basics, management,
trigger management, and
comprehensive emergency
responses with respect to
allergies and asthma;
``(dd) efforts to reduce the
presence of environmental
triggers of allergies and
asthma; and
``(ee) a system to support
students with a diagnosis of
allergies or asthma through
coordination with family members
of such students, primary care
providers of such students,
primary asthma or allergy care
providers of such students, and
others as necessary.''; and
(2) in paragraph (3)(E)--
(A) in the matter preceding clause (i), by inserting
``, such as the school nurse'' after ``individual''; and
(B) in clause (i), by inserting ``school nurse or''
before ``principal''.
Approved January 5, 2021.
LEGISLATIVE HISTORY--H.R. 2468:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 116-530 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 166 (2020):
Sept. 29, considered and passed House.
Dec. 17, considered and passed Senate.
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