School-Based Allergies and Asthma Management Program Act

[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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