LIABILITY: A MISUNDERSTOOD BARRIER TO STOCK ALBUTEROL IMPLEMENTATION IN ILLINOIS SCHOOLS

Abstract

<h3>Introduction</h3> Asthma in children is common and disproportionately impacts Black and Latinx children. School stock inhaler programs are a policy solution to improve reliever access for children with respiratory symptoms. Legislation and implementation are lacking, in part, because of liability concerns. <h3>Methods</h3> We conducted a legal analysis of Illinois Public Act 100-0726 (PA) or "Stock Asthma Rescue Medication in Schools" to assess liability concerns. Qualitative interviews of key stakeholders in stock albuterol/relievers were conducted. <h3>Results</h3> PA 100-0726 allows schools to stock and administer undesignated asthma relievers, namely albuterol, in the event of respiratory distress. Public Act 100-0726 states that if stock albuterol is administered "in good faith" that there would be "no liability, except for willful and wanton conduct", and the schools, districts, employees, agents, prescribers "are to incur no liability or professional discipline, except for willful and wanton conduct, as a result of any injury arising from the use of…undesignated asthma medication." A recent systematic review of liability verbiage of stock inhaler laws demonstrate that IL's wording is strong, making liability an extremely unlikely occurrence. Nevertheless, in seven of twenty (35%) key stakeholder interviews (i.e., nurses, clinicians, administrators, etc.), difficulty obtaining prescriptions for stock inhalers was cited as an implementation barrier (Table 1). Liability concerns were one reason for the inability to secure prescriptions. <h3>Conclusion</h3> Stock inhaler laws improve access to asthma medications in schools for children with respiratory distress. In Illinois, liability concerns are overestimated. This problem could be addressed through additional regulation and education of providers and their insurers.