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House File 200 - IntroducedA Bill ForAn Act 1relating to the maintenance and administration of
2epinephrine in schools and certain other facilities.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 135.185 Epinephrine auto-injector
2supply.
31. For purposes of this section, unless the context
4otherwise requires:
5a. “Epinephrine auto-injector” means the same as provided
6in section 280.16.
7b. “Facility” means a food establishment as defined in
8section 137F.1, a carnival as defined in section 88A.1, a
9recreational camp, a youth sports facility, or a sports area.
10c. “Personnel authorized to administer epinephrine” means
11an employee of a facility who is trained and authorized to
12administer an epinephrine auto-injector.
13d. “Physician” means the same as provided in section 280.16.
142. Notwithstanding any other provision of law to the
15contrary, a physician may prescribe epinephrine auto-injectors
16in the name of a facility to be maintained for use as provided
17in this section.
183. A facility may obtain a prescription for epinephrine
19auto-injectors and maintain a supply of such auto-injectors in
20a secure location at each location where a member of the public
21may be present for use as provided in this section. A facility
22that obtains such a prescription shall replace epinephrine
23auto-injectors in the supply upon use or expiration. Personnel
24authorized to administer epinephrine may possess and administer
25epinephrine auto-injectors from the supply as provided in this
26section.
274. Personnel authorized to administer epinephrine may
28provide or administer an epinephrine auto-injector from the
29facility’s supply to an individual present at the facility
30if such personnel reasonably and in good faith believe the
31individual is having an anaphylactic reaction.
325. Any personnel authorized to administer epinephrine
33who provide, administer, or assist in the administration of
34an epinephrine auto-injector to an individual present at the
35facility who such personnel reasonably and in good faith
-1-1believe to be having an anaphylactic reaction; a facility
2employing the personnel; the owner or operator of the facility;
3or the prescriber of the epinephrine auto-injector, shall
4incur no liability, except for gross negligence, as a result
5of any injury arising from the provision, administration,
6or assistance in the administration of an epinephrine
7auto-injector as provided in this section.
86. The department of public health, the board of medicine,
9and the board of pharmacy shall adopt rules pursuant to chapter
1017A to implement and administer this section, including but
11not limited to standards and procedures for the prescription,
12distribution, storage, replacement, and administration of
13epinephrine auto-injectors, and for training and authorization
14to be required for personnel authorized to administer
15epinephrine.
16 Sec. 2. Section 280.16, Code 2015, is amended to read as
17follows:
18280.16 Self-administration of asthma or other airway
19constricting disease medication certain medications.
201. Definitions. For purposes of this section:
21a. “Epinephrine auto-injector” means a medical device for
22immediate self-administration of a measured dose of epinephrine
23by a person at risk of anaphylaxis.
24a. b. “Medication” means a drug that meets the definition
25provided in section 126.2, subsection 8, has an individual
26prescription label, is prescribed by a physician for a
27student, and pertains to the student’s asthma or other airway
28constricting disease.
29b. c. “Physician” means a person licensed under chapter
30148, or a physician’s assistant, advanced registered nurse
31practitioner, or other person licensed or registered to
32distribute or dispense a prescription drug or device in the
33course of professional practice in this state in accordance
34with section 147.107, or a person licensed by another state
35in a health field in which, under Iowa law, licensees in this
-2-1state may legally prescribe drugs.
2c. d. “Self-administration” means a student’s discretionary
3use of medication prescribed by a physician for the student.
42. The board of directors of a school district and the
5authorities in charge of an accredited nonpublic school shall
6permit the self-administration of medication by a student
7with asthma or other airway constricting disease or the use
8of an epinephrine auto-injector by a student if the following
9conditions are met:
10a. The student’s parent or guardian provides to the school
11written authorization for the self-administration of medication
12or for the use of an epinephrine auto-injector.
13b. The student’s parent or guardian provides to the school
14a written statement from the student’s physician containing the
15following information:
16(1) The name and purpose of the medication or epinephrine
17auto-injector.
18(2) The prescribed dosage.
19(3) The times at which or the special circumstances under
20which the medication or epinephrine auto-injector is to be
21administered.
22c. The parent or guardian and the school meet the
23requirements of subsection 3.
243. The school district or accredited nonpublic school
25shall notify the parent or guardian of the student, in
26writing, that the school district or accredited nonpublic
27school and its employees are to incur no liability, except
28for gross negligence, as a result of any injury arising from
29self-administration of medication or use of an epinephrine
30auto-injector by the student. The parent or guardian of the
31student shall sign a statement acknowledging that the school
32district or nonpublic school is to incur no liability, except
33for gross negligence, as a result of self-administration of
34medication or use of an epinephrine auto-injector by the
35student. A school district or accredited nonpublic school
-3-1and its employees acting reasonably and in good faith shall
2incur no liability for any improper use of medication or an
3epinephrine auto-injector as defined in this section or for
4supervising, monitoring, or interfering with a student’s
5self-administration of medication or use of an epinephrine
6auto-injector as defined in this section.
74. The permission for self-administration of medication
8or use of an epinephrine auto-injector is effective for the
9school year for which it is granted and shall be renewed each
10subsequent school year upon fulfillment of the requirements
11of this section. However, the parent or guardian shall
12immediately notify the school of any changes in the conditions
13listed under subsection 2.
145. Provided that the requirements of this section are
15fulfilled, a student with asthma or other airway constricting
16disease may possess and use the student’s medication and a
17student with a written statement from a physician on file
18pursuant to subsection 2, paragraph “a”, may use an epinephrine
19auto-injector while in school, at school-sponsored activities,
20under the supervision of school personnel, and before or after
21normal school activities, such as while in before-school or
22after-school care on school-operated property. If the student
23misuses this privilege, the privilege may be withdrawn. A
24school district or nonpublic school shall notify a student’s
25parent or guardian before withdrawing the privilege to use an
26epinephrine auto-injector.
276. Information provided to the school under subsection 2
28shall be kept on file in the office of the school nurse or, in
29the absence of a school nurse, the school’s administrator.
307. The Iowa braille and sight saving school, the state
31school for the deaf, and the institutions under the control of
32the department of human services as provided in section 218.1
33are exempt from the provisions of this section.
34 Sec. 3. NEW SECTION. 280.16A Epinephrine auto-injector
35supply.
-4- 11. For purposes of this section, unless the context
2otherwise requires:
3a. “Epinephrine auto-injector” means the same as provided
4in section 280.16.
5b. “Personnel authorized to administer epinephrine”
6means a school nurse or other employee of a school district
7or accredited nonpublic school trained and authorized to
8administer an epinephrine auto-injector.
9c. “Physician” means the same as provided in section 280.16.
102. Notwithstanding any other provision of law to the
11contrary, a physician may prescribe epinephrine auto-injectors
12in the name of a school district or accredited nonpublic school
13to be maintained for use as provided in this section.
143. The board of directors in charge of each school district
15and the authorities in charge of each accredited nonpublic
16school may obtain a prescription for epinephrine auto-injectors
17and maintain a supply of such auto-injectors in a secure
18location at each school for use as provided in this section.
19The board and the authorities shall replace epinephrine
20auto-injectors in the supply upon use or expiration. Personnel
21authorized to administer epinephrine may possess and administer
22epinephrine auto-injectors from the supply as provided in this
23section.
244. Personnel authorized to administer epinephrine may
25provide or administer an epinephrine auto-injector from the
26school’s supply to a student if such personnel reasonably and
27in good faith believe the student is having an anaphylactic
28reaction.
295. Any personnel authorized to administer epinephrine
30who provide, administer, or assist in the administration
31of an epinephrine auto-injector to a student who such
32personnel reasonably and in good faith believe to be having
33an anaphylactic reaction; a school district or accredited
34nonpublic school employing the personnel; the board of
35directors in charge of the school district or authorities in
-5-1charge of the accredited nonpublic school; or the prescriber
2of the epinephrine auto-injector, shall incur no liability,
3except for gross negligence, as a result of any injury arising
4from the provision, administration, or assistance in the
5administration of an epinephrine auto-injector as provided in
6this section.
76. The department of education, the board of medicine, and
8the board of pharmacy shall adopt rules pursuant to chapter
917A to implement and administer this section, including but
10not limited to standards and procedures for the prescription,
11distribution, storage, replacement, and administration of
12epinephrine auto-injectors, and for training and authorization
13to be required for personnel authorized to administer
14epinephrine.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill permits the board of directors in charge of
19each school district and the authorities in charge of an
20accredited nonpublic school to maintain in a secure location
21at each school a supply of epinephrine auto-injectors for
22use as provided in the bill. The bill requires the board
23and authorities to replace epinephrine auto-injectors in the
24supply upon use or expiration. The bill permits the board
25and authorities to obtain a prescription for epinephrine
26auto-injectors for use as provided in the bill. The bill
27permits personnel authorized to administer epinephrine to
28possess and administer epinephrine auto-injectors from the
29supply as provided in the bill. The bill permits a physician
30to prescribe epinephrine auto-injectors in the name of a school
31district or accredited nonpublic school to be maintained
32for use as provided in the bill, notwithstanding any other
33provision of law to the contrary.
34The bill permits personnel authorized to administer
35epinephrine to provide or administer an epinephrine
-6-1auto-injector from a school’s supply to a student if such
2personnel reasonably and in good faith believe the student is
3having an anaphylactic reaction.
4The bill provides immunity from legal liability, except for
5gross negligence, to any personnel authorized to administer
6epinephrine who provide, administer, or assist in the
7administration of an epinephrine auto-injector to a student
8who such personnel reasonably and in good faith believe to
9be having an anaphylactic reaction; a school district or
10accredited nonpublic school employing the personnel; the board
11of directors in charge of the school district or authorities in
12charge of the accredited nonpublic school; or the prescriber of
13the epinephrine auto-injector, for any injury arising from the
14provision, administration, or assistance in the administration
15of an epinephrine auto-injector as provided in the bill.
16The bill defines “epinephrine auto-injector” as a medical
17device for immediate self-administration of a measured dose
18of epinephrine by a person at risk of anaphylaxis. The bill
19defines “personnel authorized to administer epinephrine” as
20an employee who is trained and authorized to administer an
21epinephrine auto-injector.
22The bill permits certain facilities to maintain a supply of
23epinephrine auto-injectors in the same fashion at locations
24where members of the public may be present, with the same
25duties, powers, and immunities relating to maintaining a
26supply of epinephrine auto-injectors and administering the
27auto-injectors applying if the facility chooses to do so. The
28bill defines “facility” as a food establishment as defined in
29Code section 137F.1, a carnival as defined in Code section
3088A.1, a recreational camp, a youth sports facility, or a
31sports area.
32The bill requires the department of education, the
33department of public health, the board of medicine, and the
34board of pharmacy to adopt rules to implement and administer
35the bill, including but not limited to standards and procedures
-7-1for the prescription, distribution, storage, replacement, and
2administration of epinephrine auto-injectors, and for training
3and authorization to be required for personnel authorized to
4administer epinephrine auto-injectors.
5The bill also adds epinephrine auto-injectors to Code
6section 280.16, which permits self-administration of medication
7in public and nonpublic schools by students with asthma.
8The bill requires school districts and nonpublic schools
9to allow the use of an epinephrine auto-injector by a student
10with a written statement from a physician on file if the school
11receives written authorization and certain medical information
12from the student’s parent or guardian.
13The bill permits a student with a written statement
14from a physician on file to possess and use an epinephrine
15auto-injector while in school, at school-sponsored activities,
16under the supervision of school personnel, and before or after
17normal school activities, such as while in before-school or
18after-school care on school-operated property. The bill
19requires a school district or nonpublic school to notify a
20student’s parent or guardian before withdrawing the privilege
21to use an epinephrine auto-injector.
22The bill adds epinephrine auto-injectors to the provisions
23of Code section 280.16 granting immunity from legal liability
24to school employees, except for gross negligence, for injuries
25resulting from the self-administration of medication. Code
26section 280.16 requires a student’s parent or guardian to
27receive notice of such immunity.
-8-
2epinephrine in schools and certain other facilities.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 135.185 Epinephrine auto-injector
2supply.
31. For purposes of this section, unless the context
4otherwise requires:
5a. “Epinephrine auto-injector” means the same as provided
6in section 280.16.
7b. “Facility” means a food establishment as defined in
8section 137F.1, a carnival as defined in section 88A.1, a
9recreational camp, a youth sports facility, or a sports area.
10c. “Personnel authorized to administer epinephrine” means
11an employee of a facility who is trained and authorized to
12administer an epinephrine auto-injector.
13d. “Physician” means the same as provided in section 280.16.
142. Notwithstanding any other provision of law to the
15contrary, a physician may prescribe epinephrine auto-injectors
16in the name of a facility to be maintained for use as provided
17in this section.
183. A facility may obtain a prescription for epinephrine
19auto-injectors and maintain a supply of such auto-injectors in
20a secure location at each location where a member of the public
21may be present for use as provided in this section. A facility
22that obtains such a prescription shall replace epinephrine
23auto-injectors in the supply upon use or expiration. Personnel
24authorized to administer epinephrine may possess and administer
25epinephrine auto-injectors from the supply as provided in this
26section.
274. Personnel authorized to administer epinephrine may
28provide or administer an epinephrine auto-injector from the
29facility’s supply to an individual present at the facility
30if such personnel reasonably and in good faith believe the
31individual is having an anaphylactic reaction.
325. Any personnel authorized to administer epinephrine
33who provide, administer, or assist in the administration of
34an epinephrine auto-injector to an individual present at the
35facility who such personnel reasonably and in good faith
-1-1believe to be having an anaphylactic reaction; a facility
2employing the personnel; the owner or operator of the facility;
3or the prescriber of the epinephrine auto-injector, shall
4incur no liability, except for gross negligence, as a result
5of any injury arising from the provision, administration,
6or assistance in the administration of an epinephrine
7auto-injector as provided in this section.
86. The department of public health, the board of medicine,
9and the board of pharmacy shall adopt rules pursuant to chapter
1017A to implement and administer this section, including but
11not limited to standards and procedures for the prescription,
12distribution, storage, replacement, and administration of
13epinephrine auto-injectors, and for training and authorization
14to be required for personnel authorized to administer
15epinephrine.
16 Sec. 2. Section 280.16, Code 2015, is amended to read as
17follows:
18280.16 Self-administration of asthma or other airway
19constricting disease medication certain medications.
201. Definitions. For purposes of this section:
21a. “Epinephrine auto-injector” means a medical device for
22immediate self-administration of a measured dose of epinephrine
23by a person at risk of anaphylaxis.
24a. b. “Medication” means a drug that meets the definition
25provided in section 126.2, subsection 8, has an individual
26prescription label, is prescribed by a physician for a
27student, and pertains to the student’s asthma or other airway
28constricting disease.
29b. c. “Physician” means a person licensed under chapter
30148, or a physician’s assistant, advanced registered nurse
31practitioner, or other person licensed or registered to
32distribute or dispense a prescription drug or device in the
33course of professional practice in this state in accordance
34with section 147.107, or a person licensed by another state
35in a health field in which, under Iowa law, licensees in this
-2-1state may legally prescribe drugs.
2c. d. “Self-administration” means a student’s discretionary
3use of medication prescribed by a physician for the student.
42. The board of directors of a school district and the
5authorities in charge of an accredited nonpublic school shall
6permit the self-administration of medication by a student
7with asthma or other airway constricting disease or the use
8of an epinephrine auto-injector by a student if the following
9conditions are met:
10a. The student’s parent or guardian provides to the school
11written authorization for the self-administration of medication
12or for the use of an epinephrine auto-injector.
13b. The student’s parent or guardian provides to the school
14a written statement from the student’s physician containing the
15following information:
16(1) The name and purpose of the medication or epinephrine
17auto-injector.
18(2) The prescribed dosage.
19(3) The times at which or the special circumstances under
20which the medication or epinephrine auto-injector is to be
21administered.
22c. The parent or guardian and the school meet the
23requirements of subsection 3.
243. The school district or accredited nonpublic school
25shall notify the parent or guardian of the student, in
26writing, that the school district or accredited nonpublic
27school and its employees are to incur no liability, except
28for gross negligence, as a result of any injury arising from
29self-administration of medication or use of an epinephrine
30auto-injector by the student. The parent or guardian of the
31student shall sign a statement acknowledging that the school
32district or nonpublic school is to incur no liability, except
33for gross negligence, as a result of self-administration of
34medication or use of an epinephrine auto-injector by the
35student. A school district or accredited nonpublic school
-3-1and its employees acting reasonably and in good faith shall
2incur no liability for any improper use of medication or an
3epinephrine auto-injector as defined in this section or for
4supervising, monitoring, or interfering with a student’s
5self-administration of medication or use of an epinephrine
6auto-injector as defined in this section.
74. The permission for self-administration of medication
8or use of an epinephrine auto-injector is effective for the
9school year for which it is granted and shall be renewed each
10subsequent school year upon fulfillment of the requirements
11of this section. However, the parent or guardian shall
12immediately notify the school of any changes in the conditions
13listed under subsection 2.
145. Provided that the requirements of this section are
15fulfilled, a student with asthma or other airway constricting
16disease may possess and use the student’s medication and a
17student with a written statement from a physician on file
18pursuant to subsection 2, paragraph “a”, may use an epinephrine
19auto-injector while in school, at school-sponsored activities,
20under the supervision of school personnel, and before or after
21normal school activities, such as while in before-school or
22after-school care on school-operated property. If the student
23misuses this privilege, the privilege may be withdrawn. A
24school district or nonpublic school shall notify a student’s
25parent or guardian before withdrawing the privilege to use an
26epinephrine auto-injector.
276. Information provided to the school under subsection 2
28shall be kept on file in the office of the school nurse or, in
29the absence of a school nurse, the school’s administrator.
307. The Iowa braille and sight saving school, the state
31school for the deaf, and the institutions under the control of
32the department of human services as provided in section 218.1
33are exempt from the provisions of this section.
34 Sec. 3. NEW SECTION. 280.16A Epinephrine auto-injector
35supply.
-4- 11. For purposes of this section, unless the context
2otherwise requires:
3a. “Epinephrine auto-injector” means the same as provided
4in section 280.16.
5b. “Personnel authorized to administer epinephrine”
6means a school nurse or other employee of a school district
7or accredited nonpublic school trained and authorized to
8administer an epinephrine auto-injector.
9c. “Physician” means the same as provided in section 280.16.
102. Notwithstanding any other provision of law to the
11contrary, a physician may prescribe epinephrine auto-injectors
12in the name of a school district or accredited nonpublic school
13to be maintained for use as provided in this section.
143. The board of directors in charge of each school district
15and the authorities in charge of each accredited nonpublic
16school may obtain a prescription for epinephrine auto-injectors
17and maintain a supply of such auto-injectors in a secure
18location at each school for use as provided in this section.
19The board and the authorities shall replace epinephrine
20auto-injectors in the supply upon use or expiration. Personnel
21authorized to administer epinephrine may possess and administer
22epinephrine auto-injectors from the supply as provided in this
23section.
244. Personnel authorized to administer epinephrine may
25provide or administer an epinephrine auto-injector from the
26school’s supply to a student if such personnel reasonably and
27in good faith believe the student is having an anaphylactic
28reaction.
295. Any personnel authorized to administer epinephrine
30who provide, administer, or assist in the administration
31of an epinephrine auto-injector to a student who such
32personnel reasonably and in good faith believe to be having
33an anaphylactic reaction; a school district or accredited
34nonpublic school employing the personnel; the board of
35directors in charge of the school district or authorities in
-5-1charge of the accredited nonpublic school; or the prescriber
2of the epinephrine auto-injector, shall incur no liability,
3except for gross negligence, as a result of any injury arising
4from the provision, administration, or assistance in the
5administration of an epinephrine auto-injector as provided in
6this section.
76. The department of education, the board of medicine, and
8the board of pharmacy shall adopt rules pursuant to chapter
917A to implement and administer this section, including but
10not limited to standards and procedures for the prescription,
11distribution, storage, replacement, and administration of
12epinephrine auto-injectors, and for training and authorization
13to be required for personnel authorized to administer
14epinephrine.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill permits the board of directors in charge of
19each school district and the authorities in charge of an
20accredited nonpublic school to maintain in a secure location
21at each school a supply of epinephrine auto-injectors for
22use as provided in the bill. The bill requires the board
23and authorities to replace epinephrine auto-injectors in the
24supply upon use or expiration. The bill permits the board
25and authorities to obtain a prescription for epinephrine
26auto-injectors for use as provided in the bill. The bill
27permits personnel authorized to administer epinephrine to
28possess and administer epinephrine auto-injectors from the
29supply as provided in the bill. The bill permits a physician
30to prescribe epinephrine auto-injectors in the name of a school
31district or accredited nonpublic school to be maintained
32for use as provided in the bill, notwithstanding any other
33provision of law to the contrary.
34The bill permits personnel authorized to administer
35epinephrine to provide or administer an epinephrine
-6-1auto-injector from a school’s supply to a student if such
2personnel reasonably and in good faith believe the student is
3having an anaphylactic reaction.
4The bill provides immunity from legal liability, except for
5gross negligence, to any personnel authorized to administer
6epinephrine who provide, administer, or assist in the
7administration of an epinephrine auto-injector to a student
8who such personnel reasonably and in good faith believe to
9be having an anaphylactic reaction; a school district or
10accredited nonpublic school employing the personnel; the board
11of directors in charge of the school district or authorities in
12charge of the accredited nonpublic school; or the prescriber of
13the epinephrine auto-injector, for any injury arising from the
14provision, administration, or assistance in the administration
15of an epinephrine auto-injector as provided in the bill.
16The bill defines “epinephrine auto-injector” as a medical
17device for immediate self-administration of a measured dose
18of epinephrine by a person at risk of anaphylaxis. The bill
19defines “personnel authorized to administer epinephrine” as
20an employee who is trained and authorized to administer an
21epinephrine auto-injector.
22The bill permits certain facilities to maintain a supply of
23epinephrine auto-injectors in the same fashion at locations
24where members of the public may be present, with the same
25duties, powers, and immunities relating to maintaining a
26supply of epinephrine auto-injectors and administering the
27auto-injectors applying if the facility chooses to do so. The
28bill defines “facility” as a food establishment as defined in
29Code section 137F.1, a carnival as defined in Code section
3088A.1, a recreational camp, a youth sports facility, or a
31sports area.
32The bill requires the department of education, the
33department of public health, the board of medicine, and the
34board of pharmacy to adopt rules to implement and administer
35the bill, including but not limited to standards and procedures
-7-1for the prescription, distribution, storage, replacement, and
2administration of epinephrine auto-injectors, and for training
3and authorization to be required for personnel authorized to
4administer epinephrine auto-injectors.
5The bill also adds epinephrine auto-injectors to Code
6section 280.16, which permits self-administration of medication
7in public and nonpublic schools by students with asthma.
8The bill requires school districts and nonpublic schools
9to allow the use of an epinephrine auto-injector by a student
10with a written statement from a physician on file if the school
11receives written authorization and certain medical information
12from the student’s parent or guardian.
13The bill permits a student with a written statement
14from a physician on file to possess and use an epinephrine
15auto-injector while in school, at school-sponsored activities,
16under the supervision of school personnel, and before or after
17normal school activities, such as while in before-school or
18after-school care on school-operated property. The bill
19requires a school district or nonpublic school to notify a
20student’s parent or guardian before withdrawing the privilege
21to use an epinephrine auto-injector.
22The bill adds epinephrine auto-injectors to the provisions
23of Code section 280.16 granting immunity from legal liability
24to school employees, except for gross negligence, for injuries
25resulting from the self-administration of medication. Code
26section 280.16 requires a student’s parent or guardian to
27receive notice of such immunity.
-8-