Can a school refuse to allow self-carrying of Epi?

[pitter patter]

Today our allergist signed off on self-carrying.  DD is almost 7.  Can my school nurse/principal LEGALLY refuse to allow DD to self carry?  I am in California.

[maeve]

Today our allergist signed off on self-carrying.  DD is almost 7.  Can my school nurse/principal LEGALLY refuse to allow DD to self carry?  I am in California.

I'm not sure about California but in Virginia they cannot refuse self-carry if the doctor has signed off on it, the parents and child have signed the appropriate forms and the forms provided to the school.  Now that's for school.  For day care, self-carry does not apply because of laws regarding medication administration.

[Beach Girl]

I am in California and I have self carried since elementary school. 

[GoingNuts]

Check with your state's Department of Education.  They should have documentation on California's rules regarding self carrying.

As Maeve said, in states where self carrying is allowed (NY is one), they can't forbid it if all the proper paperwork is signed off upon.

[CMdeux]

... BUT...

be aware that also in some places, though, self-carry = self-administer.

In our state, at least, the one necessarily means that you're agreeing to the other.   

[pitter patter]

In reading the Cal Education Code section 49423. it appears that state law allows self carrying, but self-administration does go hand in hand:

(2) In order for a pupil to carry and self-administer prescription
auto-injectable epinephrine pursuant to subdivision (a), the school
district shall obtain both a written statement from the physician and
surgeon or physician assistant detailing the name of the medication,
method, amount, and time schedules by which the medication is to be
taken, and confirming that the pupil is able to self-administer
auto-injectable epinephrine, and a written statement from the parent,
foster parent, or guardian of the pupil consenting to the
self-administration, providing a release for the school nurse or
other designated school personnel to consult with the health care
provider of the pupil regarding any questions that may arise with
regard to the medication, and releasing the school district and
school personnel from civil liability if the self-administering pupil
suffers an adverse reaction as a result of self-administering
medication pursuant to this paragraph.

I don't think I like what this says.     How do I find out if she can self - carry but that school personnell still need to administer?

[Beach Girl]

I self carried, and it was not required that I knew how to self administer while in elementary school.  It was only required that I was responsible and could be trusted not to take the epipen out and play with it or let other kids touch it.  I am in Los Angeles.  Where in California are you?  Also, I am positive that my mom did not sign a liability waiver.  My mom never signs those.  She told me that FAAN told her that a liability waiver specific to food allergies is illegal.  I remember when I was younger and all parents had to sign field trip liability waivers, she would always write in that she was not releasing liability for anything related to food allerigies or epipen use.

[joanna5]

We're dealing with this at my oldest's new school now, too.  Our allergist just signed off that D will self carry, but not self administer. I'm going to further investigate while waiting for our meeting later this month.

[pitter patter]

Thank you so much for the information beach girl!  Being that you are an allergic individual yourself in california your input is valuable!  BTW,  I am in northern california.

[maeve]

It's the same in VA that you need to be capable of administering to self-carry.  However, we still provide an EpiPen to the school nurse, school staff are trained, and we've been told in 504 meeting they will administer.

[socks on a rooster]

I am in CA too (southern CA) and we had our school create a form saying that although she would be self carrying, the school would be responsible for administering. This is what it says.

I/we, the undersigned parent(s) / legal guardian(s) of ______________________________(student’s name), hereby
request that he/she be permitted to self-transport or carry his/her medication without the assistance or supervision of the
Etiwanda School District as set forth in California Education Code sections 49423 and 49423.5. We are requesting assistance
from the Etiwanda School District with administration of the medication.

I worked with Linda Davis-Aldritt who is the nurse consultant for the CA Department of Education. She was very helpful. I heard that she may have retired, but it might be worth a shot to contact her. Send me a pm if you'd like the full draft of the self transport form or Linda's email address.

[pitter patter]

  I spoke with the school nurse today about DD self-carrying.  She indicated that there would be no issue with DD self-carrying and that she is not expected to self administer.  In the event of a reaction a trained adult will administer the epi.  She trained the entire staff last year and retrains at the beginning of every year.  The nurse still wants an additional set in the office-----which I would have insisted on anyway.  I will be using the document provided by socks on a rooster just to make sure the arrangement is documented.   THANKS socks and everyone else for the input and information!