Albuterol access in schools

AN ACT Relating to expanding access to albuterol in public and 1
private schools; amending RCW 43.70.827 and 28A.210.370; and adding a 2
new section to chapter 28A.210 RCW. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. A new section is added to chapter 28A.210 5
RCW to read as follows: 6
(1)(a) Beginning in the 2027-28 school year, school districts and 7
private schools are authorized to maintain a supply of albuterol at 8
each school in a designated location. 9
(b) Albuterol may be acquired from donation sources, but it must 10
be accompanied by a prescription. 11
(2)(a) A licensed health professional with the authority to 12
prescribe albuterol including, but not limited to, the secretary of 13
health or the secretary's designee in accordance with RCW 43.70.827, 14
may prescribe albuterol in the name of the school district or school 15
to be maintained for use when necessary. Albuterol prescriptions must 16
be accompanied by a standing order, issued in accordance with this 17
section or RCW 43.70.827, authorizing the administration of school or 18
school district-supplied, undesignated albuterol for the management 19
of respiratory symptoms, including breathing difficulties caused by 20
conditions such as asthma. 21
H-2664.2
HOUSE BILL 2360
State of Washington 69th Legislature 2026 Regular Session
By Representatives Donaghy, Reed, Engell, Bronoske, Zahn, Thomas,
Ormsby, Fosse, Salahuddin, Hill, and Pollet
Prefiled 01/09/26. Read first time 01/12/26. Referred to Committee
on Education.
p. 1 HB 2360
(b) Nothing in this section changes current prescription or self-1
administration practices for children with existing albuterol 2
prescriptions under RCW 28A.210.370. 3
(3) Albuterol from the school or school district supply 4
authorized under this section must be accessed and administered in 5
accordance with the uniform procedure under RCW 28A.210.370 for the 6
management of a student's respiratory symptoms, including breathing 7
difficulties caused by conditions such as asthma, as follows:8
(a) If the student has a prescription for albuterol on file, a 9
school nurse or designated trained school personnel may administer 10
albuterol; or 11
(b) If the student does not have albuterol or a prescription for 12
albuterol on file, only a school nurse may administer albuterol.13
(4) Albuterol may be maintained, accessed, and administered on 14
private school or school district property, including the school 15
building, playground, and school bus, as well as during field trips 16
or sanctioned excursions away from school property. The school nurse 17
or designated trained school personnel may transport and carry a 18
reasonable quantity of the school or school district supply of 19
albuterol on field trips or excursions. 20
(5)(a) If a student is injured or harmed due to the 21
administration of albuterol that a licensed health professional with 22
prescribing authority has prescribed and a pharmacist has dispensed 23
to a school or school district under this section or in accordance 24
with RCW 43.70.827, the licensed health professional with prescribing 25
authority and pharmacist may not be held responsible for the injury 26
unless the prescription was issued with a conscious disregard for 27
safety. 28
(b) In the event a school nurse or other school employee or 29
contractor administers albuterol in substantial compliance with a 30
student's prescription that has been prescribed by a licensed health 31
professional within the scope of the professional's prescriptive 32
authority or by statewide standing order in accordance with RCW 33
43.70.827, if applicable, and written policies of the school district 34
or private school, then the school personnel, the school personnel's 35
school district or school of employment, and the members of the 36
governing board and chief administrator thereof are not liable in any 37
criminal action or for civil damages in their individual, marital, 38
governmental, corporate, or other capacity as a result of providing 39
the albuterol. 40
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(c) School employees, except those licensed under chapter 18.79 1
RCW, who have not agreed in writing to the use of albuterol as a 2
specific part of their job description, may file with the school 3
district a written letter of refusal to use albuterol. This written 4
letter of refusal may not serve as grounds for discharge, nonrenewal 5
of an employment contract, or other action adversely affecting the 6
employee's contract status. 7
(6) As used in this section, "albuterol" means albuterol aerosol, 8
powder, or solution for use in an inhaler or nebulizer.9
(7) This section governs school operation and management under 10
RCW 28A.710.040 and 28A.715.020 and applies to charter schools 11
established under chapter 28A.710 RCW and state-tribal education 12
compact schools subject to chapter 28A.715 RCW to the same extent as 13
it applies to school districts. 14
Sec. 2. RCW 43.70.827 and 2024 c 81 s 1 are each amended to read 15
as follows: 16
((The)) (1) In accordance with this section, the secretary or the 17
secretary's designee, ((if a licensed health professional with the 18
authority to prescribe epinephrine, shall, as is consistent with the 19
exercise of sound professional judgment, issue a statewide standing 20
order prescribing epinephrine and epinephrine autoinjectors to any 21
school district or school for use by a school nurse or other 22
designated trained school personnel, as authorized under RCW 23
28A.210.383, for any student or individual experiencing anaphylaxis 24
on school property, a school bus, a field trip, or designated school 25
activity.)) who must be a department employee, shall issue a 26
statewide standing order to any school or school district to 27
prescribe the following medications for use by a school nurse or 28
other designated trained school personnel on school property, a 29
school bus, a field trip, or a designated school activity:30
(a) Epinephrine and epinephrine autoinjectors for any student or 31
individual experiencing anaphylaxis in accordance with RCW 32
28A.210.383; and 33
(b) Albuterol for any student or individual experiencing 34
respiratory symptoms, including breathing difficulties caused by 35
conditions such as asthma, in accordance with section 1 of this act. 36
As used in this subsection, "albuterol" has the same meaning as in 37
section 1 of this act.38
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(2) To issue a prescription or standing order under this section, 1
the secretary or secretary's designee must:2
(a) Hold a valid, unexpired, unrevoked, and unsuspended license 3
in this state that authorizes the issuance of the prescription or 4
standing order; and5
(b) Comply with applicable licensing requirements not in conflict 6
with this section.7
(3) The secretary or the secretary's designee may place 8
limitations on the use of a prescription or standing order issued 9
under this section and should include appropriate recommendations for 10
follow-up care.11
(4) This section does not create a private cause of action. 12
Notwithstanding any other provision of law, neither the state nor the 13
secretary nor the secretary's designee shall be liable for any civil 14
or criminal damages or any professional disciplinary action related 15
to the issuance of prescriptions or standing orders pursuant to this 16
section, other than for acts or omissions constituting gross 17
negligence or willful or wanton misconduct.18
Sec. 3. RCW 28A.210.370 and 2005 c 462 s 2 are each amended to 19
read as follows: 20
(1) The superintendent of public instruction and the secretary of 21
the department of health shall develop a uniform policy for all 22
school districts providing for the in-service training for school 23
staff on symptoms, treatment, and monitoring of students with asthma 24
and on the additional observations that may be needed in different 25
situations that may arise during the school day and during school-26
sponsored events. The policy shall include the standards and skills 27
that must be in place for in-service training of school staff.28
(2) By January 1, 2027, the superintendent of public instruction 29
and the secretary of the department of health shall update the 30
uniform policy developed under subsection (1) of this section to 31
include a uniform procedure for when school nurses and designated 32
trained school personnel access and administer the school or school 33
district supply of albuterol as authorized under section 1 of this 34
act for the management of a student's respiratory symptoms, including 35
breathing difficulties caused by conditions such as asthma.36
(3)(a) All school districts shall adopt policies regarding asthma 37
rescue procedures for each school within the district.38
p. 4 HB 2360
(((3))) (b) School districts may adopt policies regarding the use 1
of albuterol from a school or school district supply authorized under 2
section 1 of this act. If a school district chooses to adopt a policy 3
under this subsection, it must include the uniform procedure 4
developed under subsection (2) of this section.5
(4) All school districts must require that each public elementary 6
school and secondary school grant to any student in the school 7
authorization for the self-administration of medication to treat that 8
student's asthma or anaphylaxis, if: 9
(a) A health care practitioner prescribed the medication for use 10
by the student during school hours and instructed the student in the 11
correct and responsible use of the medication; 12
(b) The student has demonstrated to the health care practitioner, 13
or the practitioner's designee, and a professional registered nurse 14
at the school, the skill level necessary to use the medication and 15
any device that is necessary to administer the medication as 16
prescribed; 17
(c) The health care practitioner formulates a written treatment 18
plan for managing asthma or anaphylaxis episodes of the student and 19
for medication use by the student during school hours; and20
(d) The student's parent or guardian has completed and submitted 21
to the school any written documentation required by the school, 22
including the treatment plan formulated under (c) of this subsection 23
and other documents related to liability. 24
(((4))) (5) An authorization granted under subsection (((3))) (4) 25
of this section must allow the student involved to possess and use 26
his or her medication: 27
(a) While in school; 28
(b) While at a school-sponsored activity, such as a sporting 29
event; and 30
(c) In transit to or from school or school-sponsored activities.31
(((5))) (6) An authorization granted under subsection (((3))) (4) 32
of this section: 33
(a) Must be effective only for the same school and school year 34
for which it is granted; and 35
(b) Must be renewed by the parent or guardian each subsequent 36
school year in accordance with this subsection. 37
(((6))) (7) School districts must require that backup medication, 38
if provided by a student's parent or guardian, be kept at a student's 39
p. 5 HB 2360
school in a location to which the student has immediate access in the 1
event of an asthma or anaphylaxis emergency. 2
(((7))) (8) School districts must require that information 3
described in subsection (((3))) (4)(c) and (d) of this section be 4
kept on file at the student's school in a location easily accessible 5
in the event of an asthma or anaphylaxis emergency.6
(((8))) (9) For the purposes of this section, "albuterol" has the 7
same meaning as in section 1 of this act.8
(10) Nothing in this section creates a cause of action or in any 9
other way increases or diminishes the liability of any person under 10
any other law. 11
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