LAW LETS STUDENTS CARRY MEDICINE

Indiana Schools Must Accommodate Certain Conditions

A law that takes effect today will permit public school students with
life-threatening medical conditions such as asthma to carry and give
themselves medication while they are in school.

Although some school systems in Southern Indiana said they already are
doing what the law requires, others will have to change their policies.

Both because of "zero tolerance" drug rules and concerns for student
safety, many systems have required that all medications be secured and
dispensed only by a nurse or other member of the school staff.

Sandy Lewis, counsel for the 9,000-student Greater Clark system, said that
until now all students who needed to take medicine of any kind had to get
it from the nurse's office.

Lewis said the board is adjusting its policies to reflect the new
requirements, adding, "I don't expect it to be a problem, and it may even
help in some situations" to prevent medical emergencies.

Kit Rager, a school nurse for 1,400-student Clarksville Community School
Corp., said a few high school students were allowed to carry inhalers there
last year, mainly because it was clear they knew how to use them.

"But I'm a little concerned about elementary kids," Rager said, because
many don't seem to know enough about their inhalers and could use them too
often or not often enough without supervision.

Supporters of the law note that it requires doctors to certify that the
child has been trained in the proper use of the medicine.

At this point, it's not clear how many Indiana children will be affected by
the law. The American Lung Association's Indianapolis office, which lobbied
for the legislation, said there were about 181,000 children under the age
of 18 in the state who had asthma last year, an increase of almost 100,000
since 1990. Not all of them, however, develop life-threatening symptoms.

The law will not cover all children who need medicine. For example,
students who take Ritalin for hyperactivity and attention deficit disorder
will still have to go to the office to get it, as would students who were
taking antibiotics or other medicines for short-term illnesses.

On the other hand, public school systems no longer can decide that they
will not permit any students to carry and give themselves medicine.

HOWEVER, THE legislation does impose conditions.

Parents must file an annual authorization with the principal, including a
doctor's written statement that the student has a chronic condition. The
authorization must stipulate that the doctor has prescribed medication,
that the student has been instructed in how to administer it, and that the
nature of the condition "requires emergency administration" of the medicine.

The law also says that a school system is not liable for damages in a suit
arising from a student's self-administering of a medicine unless "gross
negligence" was involved.

John Smith, a spokesman for the lung association, said the idea for the
legislation grew out of a conversation he had months ago with Sen. Thomas
Wyss, R-Fort Wayne.

Wyss said he was told of cases in which students in other states died in
school because they couldn't get their medicine.

Under the law, some diabetic students could be allowed to test their blood
sugar and give themselves insulin in school, and some with bee-sting
allergies could inject an antidote. It's not clear what other medical
conditions might be included; the statute doesn't specify.

The law was needed, Wyss said, in part because "a few schools went wacko on
how they implemented" zero-tolerance drug policies, establishing blanket
rules with no exceptions. The legislation was approved without a dissenting
vote in the Senate and House. It was supported by the Indiana Association
of Public School Superintendents and the Indiana School Boards Association.

"I've heard some people express concerns" that the law will enable students
to bring pills to school and give them to others, said Roger Thornton,
executive director of the superintendents association, "but I don't think
that's likely."

JOHN SMITH, a spokesman for the lung association, agreed. It is
theoretically possible, he said, that a student might need drugs that could
be abused.

"But I think the doctor can address and draw attention to that" so school
officials can keep an eye on the situation, he said.

Kevin McDowell, legal counsel for the Indiana Department of Education, said
the legislation was unnecessary because state law already requires school
systems to follow the orders of doctors who say it's medically necessary
for a child to carry medication.

McDowell said state regulations do require that medicines be kept in a
secure place. But that doesn't mean, he said, that school systems can
ignore a doctor who says a child needs to carry medicine to prevent a crisis.

Some Southern Indiana school systems said they already allow students who
have permission from their doctors to carry inhalers so they can treat
themselves for asthma.

John Woodard, lawyer for the 11,000-student New Albany-Floyd County
Consolidated School Corp., said the board has changed its policies and is
adjusting its student guidelines to reflect the requirements of the law.
The system won't have to make major changes, Woodard said.

"We have some kids carrying asthma medicine right now" with authorization
from their doctors, he said.

In Louisville, Jefferson County Public School officials said they follow
that same policy -- with proper authorization from a doctor, students are
allowed to carry medication and inhalers in school and use them as needed.

Two parents who live in Southern Indiana and have asthmatic children said
the law sounds like a good idea.

Maria Schulz of Floyds Knobs, whose son, Robert, 12, has serious asthma,
said that he has to get his inhalers from the school office. If he could
keep them with him, she said, he would be "more compliant" and use them
when needed. Students can be inhibited about leaving class to go see the
nurse to take their medicine, Schulz said.

Robert attends Holy Family School in New Albany. While parochial schools
aren't covered by the law, Schulz said she intends to ask Holy Family
officials about adopting a similar policy.

Maria Jones of Clarksville said her son, William, 5, has asthma and will be
attending preschool at Parkwood Elementary in the fall.

William is too young to get an inhaler, Maria Jones said. But she said he
will need one when he's older. Carrying it with him, she said, "could help
him avoid a crisis."