MontanaHB 60069th Legislature, Regular Session (2025)House

Authorize emergency use of albuterol in a school setting

Sponsored By: Melody Cunningham (Democrat)

Signed by Governor

Health Care ServicesHealthEducation - K-12

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3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Schools may keep emergency albuterol on site

Starting July 1, 2025, schools may keep a supply of albuterol and single‑use spacers for emergencies. A doctor, advanced practice nurse, or physician assistant must prescribe it to the school, and a licensed pharmacy must fill it. Pharmacists may dispense albuterol and spacers to schools. Schools may get supplies free, at a discount, or buy them, and may use gifts, grants, or donations. The medicine must be stored securely but easy to reach. A nurse or authorized staff may give the school’s albuterol, in good faith and under the school protocol, to any student or visitor with breathing distress.

Students can carry asthma and allergy meds

Beginning July 1, 2025, students with asthma or severe allergies can carry and use their prescribed medicine at school, at school events, in school‑run care on school property, and while traveling to and from these activities. The school must have four items on file: a parent’s signed permission that acknowledges the school’s limited liability; a prescriber’s note with the medicine name, purpose, dose, and when to use it; proof the student can self‑use shown to a clinician (and the school nurse if available); and a written treatment plan. Parents may give the school medicine to keep, and the school must store backup doses in set spots the student can reach. After any epinephrine use at school, the student must tell the nurse or another adult right away for follow‑up care, and 9‑1‑1 is called when needed. Schools and staff are protected from most lawsuits about a student’s self‑use except for gross negligence, willful or wanton misconduct, or intentional harm; parents must sign an acknowledgment and agree to hold the school harmless except for those cases. Youth correctional facilities are not covered and must set their own rules.

Training, rules, and reporting for school albuterol

Starting July 1, 2025, any school that keeps stock albuterol must have a written protocol. The plan covers staff training, where the medicine is kept, and what to do after giving it, including when to call 9‑1‑1. Staff who are allowed to give it must complete a state‑approved asthma training every year. If a school has prescribed stock albuterol, it must tell parents and share the protocol on request. Each use must be documented and reported to the health department within 3 days, and schools must file a yearly summary. Schools and staff are not liable for giving stock albuterol unless actions are grossly negligent, willful or wanton misconduct, or intentional harm. The law does not require schools to keep albuterol and does not shift a child’s medication supply duties from parents to the school.

Sponsors & Cosponsors

Sponsor

Melody Cunningham
Democrat • House

Cosponsors

Jonathan Windy Boy
Democrat • Senate

Roll Call Votes

All Roll Calls

Yes: 268 • No: 30

Senate vote • 4/15/2025

Do Concur

Yes: 48 • No: 2

Senate vote • 4/14/2025

Do Concur

Yes: 48 • No: 2

House vote • 3/7/2025

Do Pass

Yes: 84 • No: 15

House vote • 3/6/2025