House
File
771
-
Enrolled
House
File
771
AN
ACT
RELATING
TO
THE
SELF-ADMINISTRATION
AND
STORAGE
OF
BRONCHODILATORS,
BRONCHODILATOR
CANISTERS,
AND
BRONCHODILATOR
CANISTERS
AND
SPACERS
RELATIVE
TO
SCHOOLS
AND
STUDENTS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
280.16,
Code
2021,
is
amended
to
read
as
follows:
280.16
Self-administration
of
respiratory
distress,
asthma
,
or
other
airway
constricting
disease
medication
,
or
epinephrine
auto-injectors
,
bronchodilator
canisters,
or
bronchodilator
and
spacers
.
1.
Definitions.
For
purposes
of
this
section
:
a.
“Bronchodilator”
means
a
bronchodilator
as
recommended
by
the
department
of
public
health
for
treatment
of
a
student’s
House
File
771,
p.
2
respiratory
distress,
asthma,
or
other
airway
constricting
disease.
b.
“Bronchodilator
canister”
means
a
portable
drug
delivery
device
packaged
with
multiple
premeasured
doses
of
a
bronchodilator.
a.
c.
“Epinephrine
auto-injector”
means
a
device
for
immediate
self-administration
or
administration
by
another
trained
individual
of
a
measured
dose
of
epinephrine
to
a
person
at
risk
of
anaphylaxis.
b.
d.
“
Licensed
health
care
professional”
means
a
person
licensed
under
chapter
148
to
practice
medicine
and
surgery
or
osteopathic
medicine
and
surgery,
an
advanced
registered
nurse
practitioner
licensed
under
chapter
152
or
152E
and
registered
with
the
board
of
nursing,
or
a
physician
assistant
licensed
to
practice
under
the
supervision
of
a
physician
as
authorized
in
chapters
147
and
148C
.
c.
e.
“Medication”
means
a
drug
that
meets
the
definition
provided
in
section
126.2,
subsection
8
,
has
an
individual
prescription
label,
is
prescribed
by
a
licensed
health
care
professional
for
a
student,
and
pertains
to
the
student’s
respiratory
distress,
asthma
,
or
other
airway
constricting
disease
,
or
risk
of
anaphylaxis
,
and
includes
but
is
not
limited
to
a
bronchodilator
.
d.
f.
“Self-administration”
means
a
student’s
discretionary
use
of
medication
prescribed
by
a
licensed
health
care
professional
for
the
student.
g.
“Spacer”
means
a
holding
chamber
that
is
used
to
optimize
the
delivery
of
a
bronchodilator
to
a
person’s
lungs.
2.
The
board
of
directors
of
a
school
district
and
the
authorities
in
charge
of
an
accredited
nonpublic
school
shall
permit
the
self-administration
of
medication
or
the
use
of
a
bronchodilator
canister
or
bronchodilator
canister
and
spacer
by
a
student
with
respiratory
distress,
asthma
,
or
other
airway
constricting
disease
or
the
use
of
an
epinephrine
auto-injector
by
a
student
with
a
risk
of
anaphylaxis
if
the
following
conditions
are
met:
a.
The
student’s
parent
or
guardian
provides
to
the
school
written
authorization
for
the
self-administration
House
File
771,
p.
3
of
medication
,
for
the
use
of
a
bronchodilator
canister
or
a
bronchodilator
canister
and
spacer,
or
for
the
use
of
an
epinephrine
auto-injector.
b.
The
student’s
parent
or
guardian
provides
to
the
school
a
written
statement
from
the
student’s
licensed
health
care
professional
containing
the
following
information:
(1)
The
name
and
purpose
of
the
medication
,
bronchodilator
canister,
bronchodilator
canister
and
spacer,
or
epinephrine
auto-injector.
(2)
The
prescribed
dosage.
(3)
The
times
at
which
or
the
special
circumstances
under
which
the
medication
,
bronchodilator
canister,
bronchodilator
canister
and
spacer,
or
epinephrine
auto-injector
is
to
be
administered.
c.
The
parent
or
guardian
and
the
school
meet
the
requirements
of
subsection
3
.
3.
The
school
district
or
accredited
nonpublic
school
shall
notify
the
parent
or
guardian
of
the
student,
in
writing,
that
the
school
district
or
accredited
nonpublic
school
and
its
employees
are
to
incur
no
liability,
except
for
gross
negligence,
as
a
result
of
any
injury
arising
from
self-administration
of
medication
,
use
of
a
bronchodilator
canister
or
a
bronchodilator
canister
and
spacer,
or
use
of
an
epinephrine
auto-injector
by
the
student.
The
parent
or
guardian
of
the
student
shall
sign
a
statement
acknowledging
that
the
school
district
or
nonpublic
school
is
to
incur
no
liability,
except
for
gross
negligence,
as
a
result
of
self-administration
of
medication
,
use
of
a
bronchodilator
canister
or
a
bronchodilator
canister
and
spacer,
or
use
of
an
epinephrine
auto-injector
by
the
student.
A
school
district
or
accredited
nonpublic
school
and
its
employees
acting
reasonably
and
in
good
faith
shall
incur
no
liability
for
any
improper
use
of
medication
,
a
bronchodilator
canister,
a
bronchodilator
canister
and
spacer,
or
an
epinephrine
auto-injector
as
defined
in
this
section
or
for
supervising,
monitoring,
or
interfering
with
a
student’s
self-administration
of
medication
,
use
of
a
bronchodilator
canister
or
a
bronchodilator
canister
and
spacer,
or
use
of
an
epinephrine
auto-injector
as
defined
in
this
section
.
House
File
771,
p.
4
4.
The
permission
for
self-administration
of
medication
,
or
for
the
use
of
a
bronchodilator
canister
or
a
bronchodilator
canister
and
spacer,
or
for
the
use
of
an
epinephrine
auto-injector
is
effective
for
the
school
year
for
which
it
is
granted
and
shall
be
renewed
each
subsequent
school
year
upon
fulfillment
of
the
requirements
of
this
section
.
However,
the
parent
or
guardian
shall
immediately
notify
the
school
of
any
changes
in
the
conditions
listed
under
subsection
2
.
5.
Provided
that
the
requirements
of
this
section
are
fulfilled,
a
student
with
respiratory
distress,
asthma
,
or
other
airway
constricting
disease
may
possess
and
use
the
student’s
medication
and
a
student
with
a
written
statement
from
a
licensed
health
care
professional
on
file
pursuant
to
subsection
2
,
paragraph
“a”
,
may
use
a
bronchodilator
canister,
a
bronchodilator
canister
and
spacer,
or
an
epinephrine
auto-injector
while
in
school,
at
school-sponsored
activities,
under
the
supervision
of
school
personnel,
and
before
or
after
normal
school
activities,
such
as
while
in
before-school
or
after-school
care
on
school-operated
property.
If
the
student
misuses
this
privilege,
the
privilege
may
be
withdrawn.
A
school
district
or
nonpublic
school
shall
notify
a
student’s
parent
or
guardian
before
withdrawing
the
privilege
to
use
a
bronchodilator
canister,
a
bronchodilator
canister
and
spacer,
or
an
epinephrine
auto-injector.
6.
Information
provided
to
the
school
under
subsection
2
shall
be
kept
on
file
in
the
office
of
the
school
nurse
or,
in
the
absence
of
a
school
nurse,
the
school’s
administrator.
7.
The
Iowa
braille
and
sight
saving
school,
the
Iowa
school
for
the
deaf,
and
the
institutions
under
the
control
of
the
department
of
human
services
as
provided
in
section
218.1
are
exempt
from
the
provisions
of
this
section
.
Sec.
2.
Section
280.16A,
Code
2021,
is
amended
to
read
as
follows:
280.16A
Epinephrine
auto-injector
,
bronchodilator
canister,
or
bronchodilator
canister
and
spacer
supply.
1.
For
purposes
of
this
section
,
unless
the
context
otherwise
requires:
a.
“Bronchodilator”
means
the
same
as
defined
in
section
280.16.
House
File
771,
p.
5
b.
“Bronchodilator
canister”
means
the
same
as
defined
in
section
280.16.
a.
c.
“Epinephrine
auto-injector”
means
the
same
as
provided
in
section
280.16
.
b.
d.
“Licensed
health
care
professional”
means
the
same
as
provided
in
section
280.16
.
c.
e.
“Personnel
authorized
to
administer
epinephrine
or
a
bronchodilator
”
means
a
school
nurse
or
other
employee
of
a
school
district
or
accredited
nonpublic
school
trained
and
authorized
to
administer
an
epinephrine
auto-injector
,
a
bronchodilator
canister,
or
a
broncholdilator
canister
and
spacer
.
f.
“School
nurse”
means
a
registered
nurse
holding
current
licensure
recognized
by
the
board
of
nursing
who
practices
in
the
school
setting
to
promote
and
protect
the
health
of
the
school
population
by
using
knowledge
from
the
nursing,
social,
and
public
health
sciences.
g.
“Spacer”
means
the
same
as
defined
in
section
280.16.
2.
Notwithstanding
any
other
provision
of
law
to
the
contrary,
a
licensed
health
care
professional
may
prescribe
epinephrine
auto-injectors
,
bronchodilator
canisters,
and
bronchodilator
canisters
and
spacers
in
the
name
of
a
school
district
or
accredited
nonpublic
school
to
be
maintained
for
use
as
provided
in
this
section
.
3.
The
board
of
directors
in
charge
of
each
school
district
and
the
authorities
in
charge
of
each
accredited
nonpublic
school
may
obtain
a
prescription
for
epinephrine
auto-injectors
,
bronchodilator
canisters,
and
bronchodilator
canisters
and
spacers
and
maintain
a
supply
of
such
epinephrine
auto-injectors
,
bronchodilator
canisters,
and
bronchodilator
canisters
and
spacers
in
a
secure
location
at
each
school
for
use
as
provided
in
this
section
.
The
board
and
the
authorities
shall
replace
epinephrine
auto-injectors
,
bronchodilator
canisters,
and
bronchodilator
canisters
and
spacers
in
the
supply
upon
use
or
expiration.
Personnel
authorized
to
administer
epinephrine
or
a
bronchodilator
may
possess
and
administer
epinephrine
auto-injectors
,
bronchodilator
canisters,
or
bronchodilator
canisters
and
spacers,
as
applicable,
from
the
supply
as
provided
in
this
section
.
House
File
771,
p.
6
4.
Personnel
authorized
to
administer
epinephrine
or
a
bronchodilator
may
provide
or
administer
an
epinephrine
auto-injector
,
a
bronchodilator
canister,
or
a
bronchodilator
canister
and
spacer,
as
applicable,
from
the
school’s
supply
to
a
student
or
other
individual
if
such
personnel
reasonably
and
in
good
faith
believe
the
student
or
other
individual
is
having
an
anaphylactic
reaction
or
requires
treatment
for
respiratory
distress,
asthma,
or
other
airway
constricting
disease
.
5.
The
following
persons,
provided
they
have
acted
reasonably
and
in
good
faith,
shall
not
be
liable
for
any
injury
arising
from
the
provision,
administration,
or
assistance
in
the
administration
of
an
epinephrine
auto-injector
,
a
bronchodilator
canister,
or
a
bronchodilator
canister
and
spacer
as
provided
in
this
section
:
a.
Any
personnel
authorized
to
administer
epinephrine
or
a
bronchodilator
who
,
as
applicable,
provide,
administer,
or
assist
in
the
administration
of
an
epinephrine
auto-injector
to
a
student
or
other
individual
present
at
the
school
who
such
personnel
believe
to
be
having
an
anaphylactic
reaction
or
in
the
administration
of
a
bronchodilator
canister
or
a
bronchodilator
canister
and
spacer
to
a
student
or
other
individual
present
at
the
school
who
such
personnel
believe
to
require
treatment
for
respiratory
distress,
asthma,
or
other
airway
constricting
disease
.
b.
A
school
district
or
accredited
nonpublic
school
employing
the
personnel.
c.
The
board
of
directors
in
charge
of
the
school
district
or
authorities
in
charge
of
the
accredited
nonpublic
school.
d.
The
prescriber
of
the
epinephrine
auto-injector
,
the
bronchodilator
canister,
or
the
bronchodilator
canister
and
spacer
.
6.
The
department
of
education,
the
board
of
medicine,
the
board
of
nursing,
and
the
board
of
pharmacy
shall,
in
consultation
with
an
organization
representing
school
nurses,
adopt
rules
pursuant
to
chapter
17A
to
implement
and
administer
this
section
,
including
but
not
limited
to
standards
and
procedures
for
the
prescription,
distribution,
storage,
disposal,
replacement,
and
administration
of
epinephrine
auto-injectors
,
bronchodilator
canisters,
and
bronchodilator
House
File
771,
p.
7
canisters
and
spacers
,
and
for
training
and
authorization
to
be
required
for
personnel
authorized
to
administer
epinephrine
or
a
bronchodilator
.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
771,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2022
______________________________
KIM
REYNOLDS
Governor