Senate
File
462
-
Reprinted
SENATE
FILE
462
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
SSB
1244)
(As
Amended
and
Passed
by
the
Senate
March
17,
2015
)
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
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462
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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.
“Licensed
health
care
professional”
means
the
same
as
10
provided
in
section
280.16.
11
d.
“Personnel
authorized
to
administer
epinephrine”
means
12
an
employee
of
a
facility
who
is
trained
and
authorized
to
13
administer
an
epinephrine
auto-injector.
14
2.
Notwithstanding
any
other
provision
of
law
to
the
15
contrary,
a
licensed
health
care
professional
may
prescribe
16
epinephrine
auto-injectors
in
the
name
of
a
facility
to
be
17
maintained
for
use
as
provided
in
this
section.
18
3.
A
facility
may
obtain
a
prescription
for
epinephrine
19
auto-injectors
and
maintain
a
supply
of
such
auto-injectors
in
20
a
secure
location
at
each
location
where
a
member
of
the
public
21
may
be
present
for
use
as
provided
in
this
section.
A
facility
22
that
obtains
such
a
prescription
shall
replace
epinephrine
23
auto-injectors
in
the
supply
upon
use
or
expiration.
Personnel
24
authorized
to
administer
epinephrine
may
possess
and
administer
25
epinephrine
auto-injectors
from
the
supply
as
provided
in
this
26
section.
27
4.
Personnel
authorized
to
administer
epinephrine
may
28
provide
or
administer
an
epinephrine
auto-injector
from
the
29
facility’s
supply
to
an
individual
present
at
the
facility
30
if
such
personnel
reasonably
and
in
good
faith
believe
the
31
individual
is
having
an
anaphylactic
reaction.
32
5.
The
following
persons,
provided
they
have
acted
33
reasonably
and
in
good
faith,
shall
not
be
liable
for
34
any
injury
arising
from
the
provision,
administration,
35
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or
assistance
in
the
administration
of
an
epinephrine
1
auto-injector
as
provided
in
this
section:
2
a.
Any
personnel
authorized
to
administer
epinephrine
3
who
provide,
administer,
or
assist
in
the
administration
4
of
an
epinephrine
auto-injector
to
an
individual
present
5
at
the
facility
who
such
personnel
believe
to
be
having
an
6
anaphylactic
reaction.
7
b.
The
owner
or
operator
of
the
facility.
8
c.
The
prescriber
of
the
epinephrine
auto-injector.
9
6.
The
department
of
public
health,
the
board
of
medicine,
10
the
board
of
nursing,
and
the
board
of
pharmacy
shall
adopt
11
rules
pursuant
to
chapter
17A
to
implement
and
administer
this
12
section,
including
but
not
limited
to
standards
and
procedures
13
for
the
prescription,
distribution,
storage,
replacement,
and
14
administration
of
epinephrine
auto-injectors,
and
for
training
15
and
authorization
to
be
required
for
personnel
authorized
to
16
administer
epinephrine.
17
Sec.
2.
Section
280.16,
Code
2015,
is
amended
to
read
as
18
follows:
19
280.16
Self-administration
of
asthma
or
other
airway
20
constricting
disease
medication
or
epinephrine
auto-injectors
.
21
1.
Definitions.
For
purposes
of
this
section
:
22
a.
“Epinephrine
auto-injector”
means
a
medical
device
for
23
immediate
self-administration
or
administration
by
another
24
trained
individual
of
a
measured
dose
of
epinephrine
to
a
25
person
at
risk
of
anaphylaxis.
26
b.
“
Licensed
health
care
professional”
means
a
person
27
licensed
under
chapter
148
to
practice
medicine
and
surgery
or
28
osteopathic
medicine
and
surgery,
an
advanced
registered
nurse
29
practitioner
licensed
under
chapter
152
or
152E
and
registered
30
with
the
board
of
nursing,
or
a
physician
assistant
licensed
to
31
practice
under
the
supervision
of
a
physician
as
authorized
in
32
chapters
147
and
148C.
33
a.
c.
“Medication”
means
a
drug
that
meets
the
definition
34
provided
in
section
126.2,
subsection
8
,
has
an
individual
35
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prescription
label,
is
prescribed
by
a
physician
licensed
1
health
care
professional
for
a
student,
and
pertains
to
the
2
student’s
asthma
or
other
airway
constricting
disease
or
risk
3
of
anaphylaxis
.
4
b.
“Physician”
means
a
person
licensed
under
chapter
5
148
,
or
a
physician’s
assistant,
advanced
registered
nurse
6
practitioner,
or
other
person
licensed
or
registered
to
7
distribute
or
dispense
a
prescription
drug
or
device
in
the
8
course
of
professional
practice
in
this
state
in
accordance
9
with
section
147.107
,
or
a
person
licensed
by
another
state
10
in
a
health
field
in
which,
under
Iowa
law,
licensees
in
this
11
state
may
legally
prescribe
drugs.
12
c.
d.
“Self-administration”
means
a
student’s
discretionary
13
use
of
medication
prescribed
by
a
physician
licensed
health
14
care
professional
for
the
student.
15
2.
The
board
of
directors
of
a
school
district
and
the
16
authorities
in
charge
of
an
accredited
nonpublic
school
shall
17
permit
the
self-administration
of
medication
by
a
student
18
with
asthma
or
other
airway
constricting
disease
or
the
use
19
of
an
epinephrine
auto-injector
by
a
student
with
a
risk
of
20
anaphylaxis
if
the
following
conditions
are
met:
21
a.
The
student’s
parent
or
guardian
provides
to
the
school
22
written
authorization
for
the
self-administration
of
medication
23
or
for
the
use
of
an
epinephrine
auto-injector
.
24
b.
The
student’s
parent
or
guardian
provides
to
the
school
a
25
written
statement
from
the
student’s
physician
licensed
health
26
care
professional
containing
the
following
information:
27
(1)
The
name
and
purpose
of
the
medication
or
epinephrine
28
auto-injector
.
29
(2)
The
prescribed
dosage.
30
(3)
The
times
at
which
or
the
special
circumstances
under
31
which
the
medication
or
epinephrine
auto-injector
is
to
be
32
administered.
33
c.
The
parent
or
guardian
and
the
school
meet
the
34
requirements
of
subsection
3
.
35
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3.
The
school
district
or
accredited
nonpublic
school
1
shall
notify
the
parent
or
guardian
of
the
student,
in
2
writing,
that
the
school
district
or
accredited
nonpublic
3
school
and
its
employees
are
to
incur
no
liability,
except
4
for
gross
negligence,
as
a
result
of
any
injury
arising
from
5
self-administration
of
medication
or
use
of
an
epinephrine
6
auto-injector
by
the
student.
The
parent
or
guardian
of
the
7
student
shall
sign
a
statement
acknowledging
that
the
school
8
district
or
nonpublic
school
is
to
incur
no
liability,
except
9
for
gross
negligence,
as
a
result
of
self-administration
of
10
medication
or
use
of
an
epinephrine
auto-injector
by
the
11
student.
A
school
district
or
accredited
nonpublic
school
12
and
its
employees
acting
reasonably
and
in
good
faith
shall
13
incur
no
liability
for
any
improper
use
of
medication
or
an
14
epinephrine
auto-injector
as
defined
in
this
section
or
for
15
supervising,
monitoring,
or
interfering
with
a
student’s
16
self-administration
of
medication
or
use
of
an
epinephrine
17
auto-injector
as
defined
in
this
section
.
18
4.
The
permission
for
self-administration
of
medication
19
or
use
of
an
epinephrine
auto-injector
is
effective
for
the
20
school
year
for
which
it
is
granted
and
shall
be
renewed
each
21
subsequent
school
year
upon
fulfillment
of
the
requirements
22
of
this
section
.
However,
the
parent
or
guardian
shall
23
immediately
notify
the
school
of
any
changes
in
the
conditions
24
listed
under
subsection
2
.
25
5.
Provided
that
the
requirements
of
this
section
are
26
fulfilled,
a
student
with
asthma
or
other
airway
constricting
27
disease
may
possess
and
use
the
student’s
medication
and
a
28
student
with
a
written
statement
from
a
licensed
health
care
29
professional
on
file
pursuant
to
subsection
2,
paragraph
30
“a”
,
may
use
an
epinephrine
auto-injector
while
in
school,
31
at
school-sponsored
activities,
under
the
supervision
32
of
school
personnel,
and
before
or
after
normal
school
33
activities,
such
as
while
in
before-school
or
after-school
34
care
on
school-operated
property.
If
the
student
misuses
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this
privilege,
the
privilege
may
be
withdrawn.
A
school
1
district
or
nonpublic
school
shall
notify
a
student’s
parent
or
2
guardian
before
withdrawing
the
privilege
to
use
an
epinephrine
3
auto-injector.
4
6.
Information
provided
to
the
school
under
subsection
2
5
shall
be
kept
on
file
in
the
office
of
the
school
nurse
or,
in
6
the
absence
of
a
school
nurse,
the
school’s
administrator.
7
7.
The
Iowa
braille
and
sight
saving
school,
the
state
8
school
for
the
deaf,
and
the
institutions
under
the
control
of
9
the
department
of
human
services
as
provided
in
section
218.1
10
are
exempt
from
the
provisions
of
this
section
.
11
Sec.
3.
NEW
SECTION
.
280.16A
Epinephrine
auto-injector
12
supply.
13
1.
For
purposes
of
this
section,
unless
the
context
14
otherwise
requires:
15
a.
“Epinephrine
auto-injector”
means
the
same
as
provided
16
in
section
280.16.
17
b.
“Licensed
health
care
professional”
means
the
same
as
18
provided
in
section
280.16.
19
c.
“Personnel
authorized
to
administer
epinephrine”
20
means
a
school
nurse
or
other
employee
of
a
school
district
21
or
accredited
nonpublic
school
trained
and
authorized
to
22
administer
an
epinephrine
auto-injector.
23
2.
Notwithstanding
any
other
provision
of
law
to
the
24
contrary,
a
licensed
health
care
professional
may
prescribe
25
epinephrine
auto-injectors
in
the
name
of
a
school
district
26
or
accredited
nonpublic
school
to
be
maintained
for
use
as
27
provided
in
this
section.
28
3.
The
board
of
directors
in
charge
of
each
school
district
29
and
the
authorities
in
charge
of
each
accredited
nonpublic
30
school
may
obtain
a
prescription
for
epinephrine
auto-injectors
31
and
maintain
a
supply
of
such
auto-injectors
in
a
secure
32
location
at
each
school
for
use
as
provided
in
this
section.
33
The
board
and
the
authorities
shall
replace
epinephrine
34
auto-injectors
in
the
supply
upon
use
or
expiration.
Personnel
35
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authorized
to
administer
epinephrine
may
possess
and
administer
1
epinephrine
auto-injectors
from
the
supply
as
provided
in
this
2
section.
3
4.
Personnel
authorized
to
administer
epinephrine
may
4
provide
or
administer
an
epinephrine
auto-injector
from
the
5
school’s
supply
to
a
student
or
other
individual
if
such
6
personnel
reasonably
and
in
good
faith
believe
the
student
or
7
other
individual
is
having
an
anaphylactic
reaction.
8
5.
The
following
persons,
provided
they
have
acted
9
reasonably
and
in
good
faith,
shall
not
be
liable
for
10
any
injury
arising
from
the
provision,
administration,
11
or
assistance
in
the
administration
of
an
epinephrine
12
auto-injector
as
provided
in
this
section:
13
a.
Any
personnel
authorized
to
administer
epinephrine
who
14
provide,
administer,
or
assist
in
the
administration
of
an
15
epinephrine
auto-injector
to
a
student
or
other
individual
16
present
at
the
school
who
such
personnel
believe
to
be
having
17
an
anaphylactic
reaction.
18
b.
A
school
district
or
accredited
nonpublic
school
19
employing
the
personnel.
20
c.
The
board
of
directors
in
charge
of
the
school
district
21
or
authorities
in
charge
of
the
accredited
nonpublic
school.
22
d.
The
prescriber
of
the
epinephrine
auto-injector.
23
6.
The
department
of
education,
the
board
of
medicine,
24
the
board
of
nursing,
and
the
board
of
pharmacy
shall,
in
25
consultation
with
an
organization
representing
school
nurses,
26
adopt
rules
pursuant
to
chapter
17A
to
implement
and
administer
27
this
section,
including
but
not
limited
to
standards
and
28
procedures
for
the
prescription,
distribution,
storage,
29
replacement,
and
administration
of
epinephrine
auto-injectors,
30
and
for
training
and
authorization
to
be
required
for
personnel
31
authorized
to
administer
epinephrine.
32
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