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 SF 462 (5) 86 je/nh/jh
S.F. 462 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 -1- SF 462 (5) 86 je/nh/jh 1/ 6
S.F. 462 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 -2- SF 462 (5) 86 je/nh/jh 2/ 6
S.F. 462 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 -3- SF 462 (5) 86 je/nh/jh 3/ 6
S.F. 462 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 35 -4- SF 462 (5) 86 je/nh/jh 4/ 6
S.F. 462 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 -5- SF 462 (5) 86 je/nh/jh 5/ 6
S.F. 462 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 -6- SF 462 (5) 86 je/nh/jh 6/ 6