Senate
Study
Bill
1244
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HUMAN
RESOURCES
BILL
BY
CHAIRPERSON
MATHIS)
(COMPANION
TO
HF
200
BY
MASCHER)
A
BILL
FOR
An
Act
relating
to
the
maintenance
and
administration
of
1
epinephrine
in
schools
and
certain
other
facilities.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2138XC
(2)
86
je/nh
S.F.
_____
Section
1.
NEW
SECTION
.
135.185
Epinephrine
auto-injector
1
supply.
2
1.
For
purposes
of
this
section,
unless
the
context
3
otherwise
requires:
4
a.
“Epinephrine
auto-injector”
means
the
same
as
provided
5
in
section
280.16.
6
b.
“Facility”
means
a
food
establishment
as
defined
in
7
section
137F.1,
a
carnival
as
defined
in
section
88A.1,
a
8
recreational
camp,
a
youth
sports
facility,
or
a
sports
area.
9
c.
“Personnel
authorized
to
administer
epinephrine”
means
10
an
employee
of
a
facility
who
is
trained
and
authorized
to
11
administer
an
epinephrine
auto-injector.
12
d.
“Physician”
means
the
same
as
provided
in
section
280.16.
13
2.
Notwithstanding
any
other
provision
of
law
to
the
14
contrary,
a
physician
may
prescribe
epinephrine
auto-injectors
15
in
the
name
of
a
facility
to
be
maintained
for
use
as
provided
16
in
this
section.
17
3.
A
facility
may
obtain
a
prescription
for
epinephrine
18
auto-injectors
and
maintain
a
supply
of
such
auto-injectors
in
19
a
secure
location
at
each
location
where
a
member
of
the
public
20
may
be
present
for
use
as
provided
in
this
section.
A
facility
21
that
obtains
such
a
prescription
shall
replace
epinephrine
22
auto-injectors
in
the
supply
upon
use
or
expiration.
Personnel
23
authorized
to
administer
epinephrine
may
possess
and
administer
24
epinephrine
auto-injectors
from
the
supply
as
provided
in
this
25
section.
26
4.
Personnel
authorized
to
administer
epinephrine
may
27
provide
or
administer
an
epinephrine
auto-injector
from
the
28
facility’s
supply
to
an
individual
present
at
the
facility
29
if
such
personnel
reasonably
and
in
good
faith
believe
the
30
individual
is
having
an
anaphylactic
reaction.
31
5.
Any
personnel
authorized
to
administer
epinephrine
32
who
provide,
administer,
or
assist
in
the
administration
of
33
an
epinephrine
auto-injector
to
an
individual
present
at
the
34
facility
who
such
personnel
reasonably
and
in
good
faith
35
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8
S.F.
_____
believe
to
be
having
an
anaphylactic
reaction;
a
facility
1
employing
the
personnel;
the
owner
or
operator
of
the
facility;
2
or
the
prescriber
of
the
epinephrine
auto-injector,
shall
3
incur
no
liability,
except
for
gross
negligence,
as
a
result
4
of
any
injury
arising
from
the
provision,
administration,
5
or
assistance
in
the
administration
of
an
epinephrine
6
auto-injector
as
provided
in
this
section.
7
6.
The
department
of
public
health,
the
board
of
medicine,
8
and
the
board
of
pharmacy
shall
adopt
rules
pursuant
to
chapter
9
17A
to
implement
and
administer
this
section,
including
but
10
not
limited
to
standards
and
procedures
for
the
prescription,
11
distribution,
storage,
replacement,
and
administration
of
12
epinephrine
auto-injectors,
and
for
training
and
authorization
13
to
be
required
for
personnel
authorized
to
administer
14
epinephrine.
15
Sec.
2.
Section
280.16,
Code
2015,
is
amended
to
read
as
16
follows:
17
280.16
Self-administration
of
asthma
or
other
airway
18
constricting
disease
medication
certain
medications
.
19
1.
Definitions.
For
purposes
of
this
section
:
20
a.
“Epinephrine
auto-injector”
means
a
medical
device
for
21
immediate
self-administration
of
a
measured
dose
of
epinephrine
22
by
a
person
at
risk
of
anaphylaxis.
23
a.
b.
“Medication”
means
a
drug
that
meets
the
definition
24
provided
in
section
126.2,
subsection
8
,
has
an
individual
25
prescription
label,
is
prescribed
by
a
physician
for
a
26
student,
and
pertains
to
the
student’s
asthma
or
other
airway
27
constricting
disease.
28
b.
c.
“Physician”
means
a
person
licensed
under
chapter
29
148
,
or
a
physician’s
assistant,
advanced
registered
nurse
30
practitioner,
or
other
person
licensed
or
registered
to
31
distribute
or
dispense
a
prescription
drug
or
device
in
the
32
course
of
professional
practice
in
this
state
in
accordance
33
with
section
147.107
,
or
a
person
licensed
by
another
state
34
in
a
health
field
in
which,
under
Iowa
law,
licensees
in
this
35
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8
S.F.
_____
state
may
legally
prescribe
drugs.
1
c.
d.
“Self-administration”
means
a
student’s
discretionary
2
use
of
medication
prescribed
by
a
physician
for
the
student.
3
2.
The
board
of
directors
of
a
school
district
and
the
4
authorities
in
charge
of
an
accredited
nonpublic
school
shall
5
permit
the
self-administration
of
medication
by
a
student
6
with
asthma
or
other
airway
constricting
disease
or
the
use
7
of
an
epinephrine
auto-injector
by
a
student
if
the
following
8
conditions
are
met:
9
a.
The
student’s
parent
or
guardian
provides
to
the
school
10
written
authorization
for
the
self-administration
of
medication
11
or
for
the
use
of
an
epinephrine
auto-injector
.
12
b.
The
student’s
parent
or
guardian
provides
to
the
school
13
a
written
statement
from
the
student’s
physician
containing
the
14
following
information:
15
(1)
The
name
and
purpose
of
the
medication
or
epinephrine
16
auto-injector
.
17
(2)
The
prescribed
dosage.
18
(3)
The
times
at
which
or
the
special
circumstances
under
19
which
the
medication
or
epinephrine
auto-injector
is
to
be
20
administered.
21
c.
The
parent
or
guardian
and
the
school
meet
the
22
requirements
of
subsection
3
.
23
3.
The
school
district
or
accredited
nonpublic
school
24
shall
notify
the
parent
or
guardian
of
the
student,
in
25
writing,
that
the
school
district
or
accredited
nonpublic
26
school
and
its
employees
are
to
incur
no
liability,
except
27
for
gross
negligence,
as
a
result
of
any
injury
arising
from
28
self-administration
of
medication
or
use
of
an
epinephrine
29
auto-injector
by
the
student.
The
parent
or
guardian
of
the
30
student
shall
sign
a
statement
acknowledging
that
the
school
31
district
or
nonpublic
school
is
to
incur
no
liability,
except
32
for
gross
negligence,
as
a
result
of
self-administration
of
33
medication
or
use
of
an
epinephrine
auto-injector
by
the
34
student.
A
school
district
or
accredited
nonpublic
school
35
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8
S.F.
_____
and
its
employees
acting
reasonably
and
in
good
faith
shall
1
incur
no
liability
for
any
improper
use
of
medication
or
an
2
epinephrine
auto-injector
as
defined
in
this
section
or
for
3
supervising,
monitoring,
or
interfering
with
a
student’s
4
self-administration
of
medication
or
use
of
an
epinephrine
5
auto-injector
as
defined
in
this
section
.
6
4.
The
permission
for
self-administration
of
medication
7
or
use
of
an
epinephrine
auto-injector
is
effective
for
the
8
school
year
for
which
it
is
granted
and
shall
be
renewed
each
9
subsequent
school
year
upon
fulfillment
of
the
requirements
10
of
this
section
.
However,
the
parent
or
guardian
shall
11
immediately
notify
the
school
of
any
changes
in
the
conditions
12
listed
under
subsection
2
.
13
5.
Provided
that
the
requirements
of
this
section
are
14
fulfilled,
a
student
with
asthma
or
other
airway
constricting
15
disease
may
possess
and
use
the
student’s
medication
and
a
16
student
with
a
written
statement
from
a
physician
on
file
17
pursuant
to
subsection
2,
paragraph
“a”
,
may
use
an
epinephrine
18
auto-injector
while
in
school,
at
school-sponsored
activities,
19
under
the
supervision
of
school
personnel,
and
before
or
after
20
normal
school
activities,
such
as
while
in
before-school
or
21
after-school
care
on
school-operated
property.
If
the
student
22
misuses
this
privilege,
the
privilege
may
be
withdrawn.
A
23
school
district
or
nonpublic
school
shall
notify
a
student’s
24
parent
or
guardian
before
withdrawing
the
privilege
to
use
an
25
epinephrine
auto-injector.
26
6.
Information
provided
to
the
school
under
subsection
2
27
shall
be
kept
on
file
in
the
office
of
the
school
nurse
or,
in
28
the
absence
of
a
school
nurse,
the
school’s
administrator.
29
7.
The
Iowa
braille
and
sight
saving
school,
the
state
30
school
for
the
deaf,
and
the
institutions
under
the
control
of
31
the
department
of
human
services
as
provided
in
section
218.1
32
are
exempt
from
the
provisions
of
this
section
.
33
Sec.
3.
NEW
SECTION
.
280.16A
Epinephrine
auto-injector
34
supply.
35
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8
S.F.
_____
1.
For
purposes
of
this
section,
unless
the
context
1
otherwise
requires:
2
a.
“Epinephrine
auto-injector”
means
the
same
as
provided
3
in
section
280.16.
4
b.
“Personnel
authorized
to
administer
epinephrine”
5
means
a
school
nurse
or
other
employee
of
a
school
district
6
or
accredited
nonpublic
school
trained
and
authorized
to
7
administer
an
epinephrine
auto-injector.
8
c.
“Physician”
means
the
same
as
provided
in
section
280.16.
9
2.
Notwithstanding
any
other
provision
of
law
to
the
10
contrary,
a
physician
may
prescribe
epinephrine
auto-injectors
11
in
the
name
of
a
school
district
or
accredited
nonpublic
school
12
to
be
maintained
for
use
as
provided
in
this
section.
13
3.
The
board
of
directors
in
charge
of
each
school
district
14
and
the
authorities
in
charge
of
each
accredited
nonpublic
15
school
may
obtain
a
prescription
for
epinephrine
auto-injectors
16
and
maintain
a
supply
of
such
auto-injectors
in
a
secure
17
location
at
each
school
for
use
as
provided
in
this
section.
18
The
board
and
the
authorities
shall
replace
epinephrine
19
auto-injectors
in
the
supply
upon
use
or
expiration.
Personnel
20
authorized
to
administer
epinephrine
may
possess
and
administer
21
epinephrine
auto-injectors
from
the
supply
as
provided
in
this
22
section.
23
4.
Personnel
authorized
to
administer
epinephrine
may
24
provide
or
administer
an
epinephrine
auto-injector
from
the
25
school’s
supply
to
a
student
if
such
personnel
reasonably
and
26
in
good
faith
believe
the
student
is
having
an
anaphylactic
27
reaction.
28
5.
Any
personnel
authorized
to
administer
epinephrine
29
who
provide,
administer,
or
assist
in
the
administration
30
of
an
epinephrine
auto-injector
to
a
student
who
such
31
personnel
reasonably
and
in
good
faith
believe
to
be
having
32
an
anaphylactic
reaction;
a
school
district
or
accredited
33
nonpublic
school
employing
the
personnel;
the
board
of
34
directors
in
charge
of
the
school
district
or
authorities
in
35
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86
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8
S.F.
_____
charge
of
the
accredited
nonpublic
school;
or
the
prescriber
1
of
the
epinephrine
auto-injector,
shall
incur
no
liability,
2
except
for
gross
negligence,
as
a
result
of
any
injury
arising
3
from
the
provision,
administration,
or
assistance
in
the
4
administration
of
an
epinephrine
auto-injector
as
provided
in
5
this
section.
6
6.
The
department
of
education,
the
board
of
medicine,
and
7
the
board
of
pharmacy
shall
adopt
rules
pursuant
to
chapter
8
17A
to
implement
and
administer
this
section,
including
but
9
not
limited
to
standards
and
procedures
for
the
prescription,
10
distribution,
storage,
replacement,
and
administration
of
11
epinephrine
auto-injectors,
and
for
training
and
authorization
12
to
be
required
for
personnel
authorized
to
administer
13
epinephrine.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
permits
the
board
of
directors
in
charge
of
18
each
school
district
and
the
authorities
in
charge
of
an
19
accredited
nonpublic
school
to
maintain
in
a
secure
location
20
at
each
school
a
supply
of
epinephrine
auto-injectors
for
21
use
as
provided
in
the
bill.
The
bill
requires
the
board
22
and
authorities
to
replace
epinephrine
auto-injectors
in
the
23
supply
upon
use
or
expiration.
The
bill
permits
the
board
24
and
authorities
to
obtain
a
prescription
for
epinephrine
25
auto-injectors
for
use
as
provided
in
the
bill.
The
bill
26
permits
personnel
authorized
to
administer
epinephrine
to
27
possess
and
administer
epinephrine
auto-injectors
from
the
28
supply
as
provided
in
the
bill.
The
bill
permits
a
physician
29
to
prescribe
epinephrine
auto-injectors
in
the
name
of
a
school
30
district
or
accredited
nonpublic
school
to
be
maintained
31
for
use
as
provided
in
the
bill,
notwithstanding
any
other
32
provision
of
law
to
the
contrary.
33
The
bill
permits
personnel
authorized
to
administer
34
epinephrine
to
provide
or
administer
an
epinephrine
35
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8
S.F.
_____
auto-injector
from
a
school’s
supply
to
a
student
if
such
1
personnel
reasonably
and
in
good
faith
believe
the
student
is
2
having
an
anaphylactic
reaction.
3
The
bill
provides
immunity
from
legal
liability,
except
for
4
gross
negligence,
to
any
personnel
authorized
to
administer
5
epinephrine
who
provide,
administer,
or
assist
in
the
6
administration
of
an
epinephrine
auto-injector
to
a
student
7
who
such
personnel
reasonably
and
in
good
faith
believe
to
8
be
having
an
anaphylactic
reaction;
a
school
district
or
9
accredited
nonpublic
school
employing
the
personnel;
the
board
10
of
directors
in
charge
of
the
school
district
or
authorities
in
11
charge
of
the
accredited
nonpublic
school;
or
the
prescriber
of
12
the
epinephrine
auto-injector,
for
any
injury
arising
from
the
13
provision,
administration,
or
assistance
in
the
administration
14
of
an
epinephrine
auto-injector
as
provided
in
the
bill.
15
The
bill
defines
“epinephrine
auto-injector”
as
a
medical
16
device
for
immediate
self-administration
of
a
measured
dose
17
of
epinephrine
by
a
person
at
risk
of
anaphylaxis.
The
bill
18
defines
“personnel
authorized
to
administer
epinephrine”
as
19
an
employee
who
is
trained
and
authorized
to
administer
an
20
epinephrine
auto-injector.
21
The
bill
permits
certain
facilities
to
maintain
a
supply
of
22
epinephrine
auto-injectors
in
the
same
fashion
at
locations
23
where
members
of
the
public
may
be
present,
with
the
same
24
duties,
powers,
and
immunities
relating
to
maintaining
a
25
supply
of
epinephrine
auto-injectors
and
administering
the
26
auto-injectors
applying
if
the
facility
chooses
to
do
so.
The
27
bill
defines
“facility”
as
a
food
establishment
as
defined
in
28
Code
section
137F.1,
a
carnival
as
defined
in
Code
section
29
88A.1,
a
recreational
camp,
a
youth
sports
facility,
or
a
30
sports
area.
31
The
bill
requires
the
department
of
education,
the
32
department
of
public
health,
the
board
of
medicine,
and
the
33
board
of
pharmacy
to
adopt
rules
to
implement
and
administer
34
the
bill,
including
but
not
limited
to
standards
and
procedures
35
-7-
LSB
2138XC
(2)
86
je/nh
7/
8
S.F.
_____
for
the
prescription,
distribution,
storage,
replacement,
and
1
administration
of
epinephrine
auto-injectors,
and
for
training
2
and
authorization
to
be
required
for
personnel
authorized
to
3
administer
epinephrine
auto-injectors.
4
The
bill
also
adds
epinephrine
auto-injectors
to
Code
5
section
280.16,
which
permits
self-administration
of
medication
6
in
public
and
nonpublic
schools
by
students
with
asthma.
7
The
bill
requires
school
districts
and
nonpublic
schools
8
to
allow
the
use
of
an
epinephrine
auto-injector
by
a
student
9
with
a
written
statement
from
a
physician
on
file
if
the
school
10
receives
written
authorization
and
certain
medical
information
11
from
the
student’s
parent
or
guardian.
12
The
bill
permits
a
student
with
a
written
statement
13
from
a
physician
on
file
to
possess
and
use
an
epinephrine
14
auto-injector
while
in
school,
at
school-sponsored
activities,
15
under
the
supervision
of
school
personnel,
and
before
or
after
16
normal
school
activities,
such
as
while
in
before-school
or
17
after-school
care
on
school-operated
property.
The
bill
18
requires
a
school
district
or
nonpublic
school
to
notify
a
19
student’s
parent
or
guardian
before
withdrawing
the
privilege
20
to
use
an
epinephrine
auto-injector.
21
The
bill
adds
epinephrine
auto-injectors
to
the
provisions
22
of
Code
section
280.16
granting
immunity
from
legal
liability
23
to
school
employees,
except
for
gross
negligence,
for
injuries
24
resulting
from
the
self-administration
of
medication.
Code
25
section
280.16
requires
a
student’s
parent
or
guardian
to
26
receive
notice
of
such
immunity.
27
-8-
LSB
2138XC
(2)
86
je/nh
8/
8