West Virginia - Chronic Conditions—allergy plan: Policy requirement

Area: 
Policy Or Plan Requirements
Policy Type: 
statute; regulation
Summary: 

State law addresses allergy plan.

West Virginia Code 18-5-22c. Providing for the maintenance and use of epinephrine auto-injectors; administration of injections; notice; indemnity from liability; rules.

(a) A public, private, parochial or denominational school located within this state may possess and maintain at the school a supply of epinephrine auto-injectors for use in emergency medical care or treatment for an anaphylactic reaction. A prior diagnosis for a student or school personnel requiring the use of epinephrine auto-injectors is not necessary to permit the school to stock epinephrine auto-injectors. Epinephrine auto-injectors shall be maintained by the school in a secure location which is only accessible by medical personnel and authorized nonmedical personnel and not by students.


Code of State Rules 126-27-10. Emergency Medication

10.2. A public, private, parochial or denominational school located within this state may possess and maintain at the school a supply of epinephrine auto injectors for use in emergency medical care or treatment for an anaphylactic reaction. Each county board of education may also develop a policy for stock epinephrine during secondary activity/extracurricular events outside of the school day. A prior diagnosis for a student or school personnel requiring the use of epinephrine auto injectors is not necessary to permit the school to stock epinephrine auto injectors.

10.3. Epinephrine auto injectors shall be maintained by the school in a secured, unlocked location which is only accessible by school nurses, health care providers and authorized nonmedical personnel and not by students.
West Virginia Secretary of State


Code of State Rules 126-86-11

11.4. Students with disabilities who have chronic conditions, including but not limited to asthma, diabetes,gastrointestinal disorders, cardiac disorders, and known food allergies are eligible for a locally developed Individualized Health Care Plan (IHCP) developed by the certified school nurse; a Section 504 Plan; or an Individualized Education Program (IEP) inclusive of a Medical Statement for Special Dietary Needs.
West Virginia Secretary of State


Code of State Rules 126-27-6. Roles and Responsibilities

6.5.b Self-administer prescribed emergency or acute medications, such as but not limited to epinephrine, insulin, asthma inhaler or ibuprofen when the prescription indicates that said student may maintain possession of the medication.  The student must be able to bring the medication to school, carry the medication in a safe and responsible manner, and use the medication only as prescribed.  At the discretion of county boards of education, high school students (not below grade 9) may be allowed to carry and self-administer non-prescribed OTC medication with parent/guardian authorization, unless restricted by the administrator/principal.
West Virginia Secretary of State

Policy Links: