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State Honor Roll 2016 logo&

WEST VIRGINIA

Overall, West Virginia meets 19 of 23 core policy standards and seven of 13 extra credit indicators.

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The 2016 State Honor Roll of Asthma and Allergy Policies for Schools ranks the states with the best public policies for people with asthma, food allergies, anaphylaxis and related allergic diseases in U.S. elementary, middle and high schools.
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Medication and Treatment Policies:

Meets nine of 12 core policy standards in this category:

1. State requires physician’s written instructions to be on file to dispense prescription medication to students.
2. State policy ensures students’ right to self-carry and self-administer prescribed asthma medication.
3. State policy ensures students’ right to self-carry and self-administer prescribed anaphylaxis medication.
4. State policies or procedures shield school personnel from liability for unintended injuries.
5. State requires local school districts to create asthma and anaphylaxis medication policy and provides resources, guidelines and parameters.
6. State policy mandates schools to identify and maintain records for students with chronic conditions including asthma and anaphylaxis.
7. State requires a procedure updating health records periodically.
8. State requires that schools maintain asthma/allergy incident reports for reactions, attacks, and medications administered.
9. State requires a student health history form that includes asthma/allergy information to be maintained for each student.
10. State requires schools to have emergency protocols for asthma.
11. State requires schools to have emergency protocols for anaphylaxis.
12. Nurse-to-student ratio is 1:750 or better.

Meets three of six extra credit indicators in this category:

A. State requires anaphylaxis epinephrine stocking and authority to administer in schools.
B. State requires or allows albuterol asthma medication stocking and authority to administer in schools.
C. State has or is preparing an explicit asthma program with policies, procedures and resources for schools to manage students with asthma.
D. State has or is preparing an explicit anaphylaxis program with policies, procedures and resources for schools to manage students with allergies.
E. State has adopted policy that each school will have one full-time nurse.
F. State has adopted policy that school districts provide case management for students with chronic health conditions such as asthma.

Awareness Policies:

Meets one of two core policy standards in this category:

13. State recognizes problem of asthma in schools and has begun to address it.
14. State recognizes problem of allergy in schools and has begun to address it.

Meets both extra credit indicators in this category:

G. State sponsors or provides funding for staff training in asthma awareness covering school asthma program/policy and procedures.
H. State sponsors or provides funding for staff training in food allergies.

School Environment Policies:

Meets all nine core policy standards in this category:

15. State has mandated that all schools must have Indoor Air Quality (IAQ) management policies.
16. State has adopted a policy requiring that districts and schools conduct periodic inspections ofheating, ventilation and air conditioning (HVAC) system & other items important in asthma/allergymanagement.
17. State has IAQ policies that include specific components important in asthma/allergy management (HVAC, HEPA, carpeting, pesticide use).
18. State recommends/requires that districts or schools use integrated pest management (IPM)techniques OR ban use of pesticides inside school.
19. State requires schools to notify parents of upcoming pesticide applications.
20. State limits school bus idling time and establishes proximity restrictions.
21. All smoking is prohibited in school buildings and on school grounds.
22. All smoking is prohibited on school buses and at school-related functions.
23. Tobacco use prevention is required in health education curriculum.

Meets two of five extra credit indicators in this category:

I. State makes funding or resources available for technical IAQ assistance to schools.
J. State recommends standards and programs to promote environmentally preferable materials for school construction, maintenance and cleaning.
K. State requires school facility design standards that include low emission construction materials,pollutant source controls, durable and easy to clean surfaces and floors, moisture/mold controls.
L. State has implemented or actively promotes diesel school bus engine retrofitting program.
M. State requires districts or schools to provide tobacco use cessation services to students.

Policy Gaps:

None

Noteworthy:

Epinephrine in Schools: A 2013 law allows schools to maintain and use epinephrine auto-injectors; allows the school nurse or other trained and authorized nonmedical school personnel to administer the device for emergency care or treatment of anaphylactic reactions; allows the physicians to prescribe epinephrine auto-injectors to schools; allows students who self-inject to use the school supply of epinephrine auto-injectors; provides immunity from liability for school nurses and trained and authorized nonmedical school personnel; and allows county school boards to participate in free or discounted manufacturer sponsored pharmaceutical programs to obtain epinephrine auto-injectors. West Virginia SB 2729

Asthma and Allergy Medication: West Virginia requires all county boards of education to develop a medication administration policy that establishes procedures to be followed for the administration of medication at each school. Students may carry and self-administer their own rescue inhaler medicine and auto-injectable epinephrine if certain conditions are met, including:
  • written authorization is received from the parent/guardian
  • a written statement is received from a licensed prescriber with information regarding appropriate usage
  • the student has demonstrated the ability and understanding to self-administer the medication by passing an assessment by the school nurse
  • the parent/guardian has exempted the school, county school board and its employees and agents are from liability for injury arising from the self-administration of medication
  • permission is renewed annually
State policy allows non-certified school personnel to administer prescription and/or non-prescription medications if properly trained. Whenever emergency medication is used at school, the school nurse is required to document the circumstances, actions taken and the student's status, and to submit a written report to the administrator and county superintendent. The state allows emergency medical technicians to carry and trained to use epinephrine auto-injectors with approval of the local Medical Director.

Shield from Civil Liability: There are two laws in West Virginia addressing school liability. The first covers school personnel in instances where injury occurs when a student self-administers asthma medication; this law does not apply to anaphylaxis and does not cover school personnel in instances where school personnel assist a student in an asthma emergency. W. Va. Code Ann. § 18-5-22b. The second law covers school personnel in instances where school personnel assist a student in an anaphylactic emergency; this law does not cover asthma emergencies and does not cover school personnel where a student self-administers epinephrine. W. Va. Code Ann. § 18-5-22c.

Sources:

State Education Agency Website

State Legislature Website

State Honor Roll report 2016
View this year’s full report Download PDF