House File 2186 



                                       HOUSE FILE       
                                       BY  L. MILLER


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the administration of epinephrine in schools,
  2    and providing effective and applicability dates.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5534YH 82
  5 ak/nh/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  280.16A  PROCEDURES FOR
  1  2 ADMINISTRATION OF EPINEPHRINE.
  1  3    1.  The board of directors of a school district and the
  1  4 authorities in charge of an accredited nonpublic school shall
  1  5 develop a policy for the emergency administration of
  1  6 epinephrine via an epinephrine auto injector for the treatment
  1  7 of anaphylaxis or to avoid anaphylaxis.
  1  8    2.  The policy shall include the following criteria:
  1  9    a.  The student's parent or guardian shall provide the
  1 10 school written authorization for the administration of
  1 11 epinephrine via an epinephrine auto injector by designated
  1 12 school officials.
  1 13    b.  The student's parent or guardian shall provide the
  1 14 school a written statement from the student's physician
  1 15 containing the following information:
  1 16    (1)  The reason why the student may need the epinephrine.
  1 17    (2)  The name of the medication.
  1 18    (3)  The prescribed dosage.
  1 19    (4)  The circumstances under which the epinephrine is to be
  1 20 administered.
  1 21    (5)  Whether the student, if the student at the time the
  1 22 epinephrine is needed is able, can self=administer the
  1 23 epinephrine.
  1 24    c.  A designated location for the epinephrine auto injector
  1 25 that can be accessed by both designated school officials and
  1 26 the student.
  1 27    d.  A requirement that the student's parent or guardian and
  1 28 the school meet the requirements of subsection 4.
  1 29    3.  a.  The policy for the administration of epinephrine to
  1 30 a student shall provide that the school nurse or other
  1 31 designated school official and another designated school
  1 32 official shall have the responsibility for the administration
  1 33 of epinephrine by epinephrine auto injectors.  At least one
  1 34 school official who is qualified to administer epinephrine to
  1 35 a student shall be present during school hours.
  2  1    b.  Each designated school official shall be properly
  2  2 trained in the administration of an epinephrine auto injector
  2  3 by a school nurse or other qualified health professional,
  2  4 using standardized training approved by the department of
  2  5 education in consultation with the department of public
  2  6 health.
  2  7    c.  The parent or guardian of the student shall consent in
  2  8 writing to the administration of epinephrine by the designated
  2  9 school officials.
  2 10    4.  a.  The school district or accredited nonpublic school
  2 11 shall notify the parent or guardian of the student, in
  2 12 writing, that the school district or accredited nonpublic
  2 13 school and its employees are not liable, except for gross
  2 14 negligence, as a result of any injury arising from
  2 15 administration of epinephrine to the student.  The parent or
  2 16 guardian of the student shall sign a statement acknowledging
  2 17 that the school district or nonpublic school and its employees
  2 18 are not liable, except for gross negligence, as a result of
  2 19 administration of epinephrine to the student.
  2 20    b.  A school district or accredited nonpublic school and
  2 21 its employees acting reasonably and in good faith shall not be
  2 22 liable for any improper use of epinephrine or for supervising,
  2 23 monitoring, or interfering with a student's
  2 24 self=administration of epinephrine.
  2 25    c.  The permission granted by a parent or guardian for
  2 26 administration of epinephrine by designated school officials
  2 27 is effective for the school year in which it is granted and
  2 28 shall be renewed each subsequent school year upon fulfillment
  2 29 of the requirements of this section.  However, the parent or
  2 30 guardian shall immediately notify the school of any changes in
  2 31 the information provided pursuant to subsection 2, paragraph
  2 32 "b".
  2 33    Sec. 2.  EFFECTIVE AND APPLICABILITY DATES.  This Act,
  2 34 being deemed of immediate importance, shall take effect upon
  2 35 enactment and shall apply to school years beginning on or
  3  1 after July 1, 2008.
  3  2                           EXPLANATION
  3  3    This bill directs the boards of directors of school
  3  4 districts and the authorities in charge of accredited
  3  5 nonpublic schools to develop a policy for the emergency
  3  6 administration of epinephrine via an epinephrine auto injector
  3  7 to treat anaphylaxis or to avoid anaphylaxis in a student.
  3  8    The policy must require a parent or guardian's written
  3  9 authorization for the administration of epinephrine with an
  3 10 epinephrine auto injector.  The policy must require that the
  3 11 student's physician provide information about why the student
  3 12 may need the epinephrine, the name of the medication, the
  3 13 dosage, the circumstances under which the epinephrine may be
  3 14 administered, and whether the student, if at the time the
  3 15 epinephrine is needed the student is able, can self=administer
  3 16 the epinephrine.
  3 17    The policy for administering epinephrine with an
  3 18 epinephrine auto injector must also include designation of a
  3 19 location where both designated school officials and the
  3 20 student have access to the epinephrine auto injector.  The
  3 21 policy must also designate school officials at each school or
  3 22 building where a student may need epinephrine to be authorized
  3 23 to administer the epinephrine.  A school nurse or other school
  3 24 official and another school official are required to be
  3 25 designated so that there is always at least one school
  3 26 official present during school hours to administer the
  3 27 epinephrine.
  3 28    A designated school official must be properly trained to
  3 29 use an epinephrine auto injector by the school nurse or
  3 30 another health professional using training methods approved by
  3 31 the department of education in cooperation with the department
  3 32 of public health.
  3 33    It shall also be required that the school inform the parent
  3 34 or guardian that the school and its employees shall have no
  3 35 liability as a result of administering the epinephrine to the
  4  1 student or for supervising a student's self=administration of
  4  2 the epinephrine; the parent or guardian must sign a statement
  4  3 acknowledging the school's position.  Permission from the
  4  4 parent or guardian is good for the school year in which it is
  4  5 given; it must be renewed each year.
  4  6    The bill takes effect upon enactment and applies to school
  4  7 years beginning on or after July 1, 2008.
  4  8 LSB 5534YH 82
  4  9 ak/nh/5