(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this subchapter.
(b) The Mayor may establish, by regulation, additional types of medication that a student may self-administer and other illnesses for which a student may self-administer medication other than those provided in this subchapter.
(c) All existing rules and regulations promulgated pursuant to subchapter III of this chapter [§ 38-631 et seq.] [repealed], shall remain in effect until rules promulgated pursuant to this subchapter become effective.
(d) By August 1, 2016, pursuant to the authority granted by § 38-2602(b)(11), OSSE, in consultation with the Department of Health, shall issue rules to implement the provisions of § 38-651.04a, including establishing a protocol for record keeping whenever epinephrine is administered pursuant to § 38-651.04a.
(Feb. 2, 2008, D.C. Law 17-107, § 13, 54 DCR 12230; Mar. 9, 2016, D.C. Law 21-77, § 2(g), 63 DCR 756.)
The 2016 amendment by D.C. Law 21-77 would have added (d).
Section 7002 of D.C. Law 21-160 repealed section 4 of D.C. Law 21-77. Therefore the changes made to this section by D.C. Law 21-177 have been given effect.
Applicability of D.C. Law 21-77: § 4 of D.C. Law 21-77 provided that the change made to this section by § 2(g) of D.C. Law 21-77 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
For temporary (90 day) addition, see § 9 of Student Access to Treatment Emergency Amendment Act of 2007 (D.C. Act 17-82, July 26, 2007, 54 DCR 7999).
For temporary (90 day) addition, see § 9 of Student Access to Treatment Congressional Review Emergency Act of 2007 (D.C. Act 17-140, October 17, 2007, 54 DCR 10736).
Section 9 of Law 17-52 added a section to read as follows:
“Sec. 9. Rules.
“(a) The Mayor, pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of this act.
“(b) The Mayor may establish, by regulation, additional types of medication a student may self-administer and potentially life-threatening illnesses for which a student may self-administer medication other than those provided in this act.”
Section 11(b) of D.C. Law 17-52 provided that the act shall expire after 225 days of its having taken effect.
Delegation of Authority to the Student Access to Treatment Act of 2007, see Mayor’s Order 2008-85, June 11, 2008 ( 55 DCR 9362).
Structure District of Columbia Code
Title 38 - Educational Institutions
Chapter 6 - Student Health Care
Subchapter IV - Student Access to Treatment
§ 38–651.02. Possession and self-administration of medication
§ 38–651.03. Medication action plan
§ 38–651.04. Medication administration training program
§ 38–651.04a. Student access to epinephrine
§ 38–651.05. Administration of medication
§ 38–651.06. Administration of medication in emergency circumstances
§ 38–651.07. Posting of emergency response information
§ 38–651.08. Maintenance of records