H.F. 2392 Section 1. Section 280.16, Code 2014, is amended to read as 1 follows: 2 280.16 Self-administration of asthma or other airway 3 constricting disease medication certain medications . 4 1. Definitions. For purposes of this section : 5 a. “Epinephrine auto-injector” means a medical device for 6 immediate self-administration of a measured dose of epinephrine 7 by a person at risk of anaphylaxis. 8 a. b. “Medication” means a drug that meets the definition 9 provided in section 126.2, subsection 8 , has an individual 10 prescription label, is prescribed by a physician for a 11 student, and pertains to the student’s asthma or other airway 12 constricting disease. 13 b. c. “Physician” means a person licensed under chapter 14 148 , or a physician’s assistant, advanced registered nurse 15 practitioner, or other person licensed or registered to 16 distribute or dispense a prescription drug or device in the 17 course of professional practice in this state in accordance 18 with section 147.107 , or a person licensed by another state 19 in a health field in which, under Iowa law, licensees in this 20 state may legally prescribe drugs. 21 c. d. “Self-administration” means a student’s discretionary 22 use of medication prescribed by a physician for the student. 23 2. The board of directors of a school district and the 24 authorities in charge of an accredited nonpublic school shall 25 permit the self-administration of medication by a student 26 with asthma or other airway constricting disease or the use 27 of an epinephrine auto-injector by a student if the following 28 conditions are met: 29 a. The student’s parent or guardian provides to the school 30 written authorization for the self-administration of medication 31 or for the use of an epinephrine auto-injector . 32 b. The student’s parent or guardian provides to the school 33 a written statement from the student’s physician containing the 34 following information: 35 -1- LSB 6101HV (1) 85 je/rj 1/ 4

H.F. 2392 (1) The name and purpose of the medication or epinephrine 1 auto-injector . 2 (2) The prescribed dosage. 3 (3) The times at which or the special circumstances under 4 which the medication or epinephrine auto-injector is to be 5 administered. 6 c. The parent or guardian and the school meet the 7 requirements of subsection 3 . 8 3. The school district or accredited nonpublic school 9 shall notify the parent or guardian of the student, in 10 writing, that the school district or accredited nonpublic 11 school and its employees are to incur no liability, except 12 for gross negligence, as a result of any injury arising from 13 self-administration of medication or use of an epinephrine 14 auto-injector by the student. The parent or guardian of the 15 student shall sign a statement acknowledging that the school 16 district or nonpublic school is to incur no liability, except 17 for gross negligence, as a result of self-administration of 18 medication or use of an epinephrine auto-injector by the 19 student. A school district or accredited nonpublic school 20 and its employees acting reasonably and in good faith shall 21 incur no liability for any improper use of medication or an 22 epinephrine auto-injector as defined in this section or for 23 supervising, monitoring, or interfering with a student’s 24 self-administration of medication or use of an epinephrine 25 auto-injector as defined in this section . 26 4. The permission for self-administration of medication 27 or use of an epinephrine auto-injector is effective for the 28 school year for which it is granted and shall be renewed each 29 subsequent school year upon fulfillment of the requirements 30 of this section . However, the parent or guardian shall 31 immediately notify the school of any changes in the conditions 32 listed under subsection 2 . 33 5. Provided that the requirements of this section are 34 fulfilled, a student with asthma or other airway constricting 35 -2- LSB 6101HV (1) 85 je/rj 2/ 4

H.F. 2392 disease may possess and use the student’s medication and a 1 student with a written statement from a physician on file 2 pursuant to subsection 2, paragraph “a” may use an epinephrine 3 auto-injector while in school, at school-sponsored activities, 4 under the supervision of school personnel, and before or after 5 normal school activities, such as while in before-school or 6 after-school care on school-operated property. If the student 7 misuses this privilege, the privilege may be withdrawn. A 8 school district or nonpublic school shall notify a student’s 9 parent or guardian before withdrawing the privilege to use an 10 epinephrine auto-injector. 11 6. Information provided to the school under subsection 2 12 shall be kept on file in the office of the school nurse or, in 13 the absence of a school nurse, the school’s administrator. 14 7. The Iowa braille and sight saving school, the state 15 school for the deaf, and the institutions under the control of 16 the department of human services as provided in section 218.1 17 are exempt from the provisions of this section . 18 Sec. 2. EPINEPHRINE IN SCHOOLS —— STUDY AND REPORT. The 19 department of public health, in consultation with education 20 and health care stakeholders, shall conduct a study of the 21 federal School Access to Emergency Epinephrine Act, Pub. L. 22 No. 113-48, and how its provisions can be implemented in this 23 state, including but not limited to procedures for the use 24 of epinephrine auto-injectors in schools, training of school 25 personnel, liability protections, reporting requirements, and 26 consent requirements. The department shall submit a report on 27 its findings and recommendations to the general assembly by 28 January 1, 2015. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill adds epinephrine auto-injectors to Code section 33 280.16, which permits self-administration of medication in 34 public and nonpublic schools by students with asthma. 35 -3- LSB 6101HV (1) 85 je/rj 3/ 4

H.F. 2392 The bill defines “epinephrine auto-injector” as a medical 1 device for immediate self-administration of a measured dose of 2 epinephrine by a person at risk of anaphylaxis. 3 The bill requires school districts and nonpublic schools 4 to allow the use of an epinephrine auto-injector by a student 5 with a written statement from a physician on file if the school 6 receives written authorization and certain medical information 7 from the student’s parent or guardian. 8 The bill permits a student with a written statement 9 from a physician on file to possess and use an epinephrine 10 auto-injector while in school, at school-sponsored activities, 11 under the supervision of school personnel, and before or after 12 normal school activities, such as while in before-school or 13 after-school care on school-operated property. The bill 14 requires a school district or nonpublic school to notify a 15 student’s parent or guardian before withdrawing the privilege 16 to use an epinephrine auto-injector. 17 The bill adds epinephrine auto-injectors to the provisions 18 of Code section 280.16 granting immunity from legal liability 19 to school employees, except for gross negligence, for injuries 20 resulting from the self-administration of medication. Code 21 section 280.16 requires a student’s parent or guardian to 22 receive notice of such immunity. 23 The bill directs the department of public health, in 24 consultation with education and health care stakeholders, to 25 conduct a study of the federal School Access to Emergency 26 Epinephrine Act, and how its provisions can be implemented in 27 this state, including but not limited to procedures for the use 28 of epinephrine auto-injectors in schools, training of school 29 personnel, liability protections, reporting requirements, and 30 consent requirements. The department must submit a report on 31 its findings and recommendations to the general assembly by 32 January 1, 2015. 33 -4- LSB 6101HV (1) 85 je/rj 4/ 4