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Senate File 462 - 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. “Licensed health care professional” means the same as
11provided in section 280.16.
12d. “Personnel authorized to administer epinephrine” means
13an employee of a facility who is trained and authorized to
14administer an epinephrine auto-injector.
15e. “Physician” means the same as provided in section 280.16.
162. Notwithstanding any other provision of law to the
17contrary, a licensed health care professional may prescribe
18epinephrine auto-injectors in the name of a facility to be
19maintained for use as provided in this section.
203. A facility may obtain a prescription for epinephrine
21auto-injectors and maintain a supply of such auto-injectors in
22a secure location at each location where a member of the public
23may be present for use as provided in this section. A facility
24that obtains such a prescription shall replace epinephrine
25auto-injectors in the supply upon use or expiration. Personnel
26authorized to administer epinephrine may possess and administer
27epinephrine auto-injectors from the supply as provided in this
28section.
294. Personnel authorized to administer epinephrine may
30provide or administer an epinephrine auto-injector from the
31facility’s supply to an individual present at the facility
32if such personnel reasonably and in good faith believe the
33individual is having an anaphylactic reaction.
345. The following persons, provided they have acted
35reasonably and in good faith, shall not be liable for
-1-1any injury arising from the provision, administration,
2or assistance in the administration of an epinephrine
3auto-injector as provided in this section:
4a. Any personnel authorized to administer epinephrine
5who provide, administer, or assist in the administration
6of an epinephrine auto-injector to an individual present
7at the facility who such personnel believe to be having an
8anaphylactic reaction.
9b. The owner or operator of the facility.
10c. The prescriber of the epinephrine auto-injector.
116. The department of public health, the board of medicine,
12the board of nursing, and the board of pharmacy shall adopt
13rules pursuant to chapter 17A to implement and administer this
14section, including but not limited to standards and procedures
15for the prescription, distribution, storage, replacement, and
16administration of epinephrine auto-injectors, and for training
17and authorization to be required for personnel authorized to
18administer epinephrine.
19 Sec. 2. Section 280.16, Code 2015, is amended to read as
20follows:
21280.16 Self-administration of asthma or other airway
22constricting disease medication or epinephrine auto-injectors.
231. Definitions. For purposes of this section:
24a. “Epinephrine auto-injector” means a medical device for
25immediate self-administration or administration by another
26trained individual of a measured dose of epinephrine to a
27person at risk of anaphylaxis.
28b. “Licensed health care professional” means a person
29licensed under chapter 148 to practice medicine and surgery or
30osteopathic medicine and surgery, an advanced registered nurse
31practitioner licensed under chapter 152 or 152E and registered
32with the board of nursing, or a physician assistant licensed to
33practice under the supervision of a physician as authorized in
34chapters 147 and 148C.
35a. c. “Medication” means a drug that meets the definition
-2-1provided in section 126.2, subsection 8, has an individual
2prescription label, is prescribed by a physician licensed
3health care professional for a student, and pertains to the
4student’s asthma or other airway constricting disease or risk
5of anaphylaxis.
6b. “Physician” means a person licensed under chapter
7148, or a physician’s assistant, advanced registered nurse
8practitioner, or other person licensed or registered to
9distribute or dispense a prescription drug or device in the
10course of professional practice in this state in accordance
11with section 147.107, or a person licensed by another state
12in a health field in which, under Iowa law, licensees in this
13state may legally prescribe drugs.
14c. d. “Self-administration” means a student’s discretionary
15use of medication prescribed by a physician licensed health
16care professional for the student.
172. The board of directors of a school district and the
18authorities in charge of an accredited nonpublic school shall
19permit the self-administration of medication by a student
20with asthma or other airway constricting disease or the use
21of an epinephrine auto-injector by a student with a risk of
22anaphylaxis if the following conditions are met:
23a. The student’s parent or guardian provides to the school
24written authorization for the self-administration of medication
25or for the use of an epinephrine auto-injector.
26b. The student’s parent or guardian provides to the school
27a written statement from the student’s physician containing the
28following information:
29(1) The name and purpose of the medication or epinephrine
30auto-injector.
31(2) The prescribed dosage.
32(3) The times at which or the special circumstances under
33which the medication or epinephrine auto-injector is to be
34administered.
35c. The parent or guardian and the school meet the
-3-1requirements of subsection 3.
23. The school district or accredited nonpublic school
3shall notify the parent or guardian of the student, in
4writing, that the school district or accredited nonpublic
5school and its employees are to incur no liability, except
6for gross negligence, as a result of any injury arising from
7self-administration of medication or use of an epinephrine
8auto-injector by the student. The parent or guardian of the
9student shall sign a statement acknowledging that the school
10district or nonpublic school is to incur no liability, except
11for gross negligence, as a result of self-administration of
12medication or use of an epinephrine auto-injector by the
13student. A school district or accredited nonpublic school
14and its employees acting reasonably and in good faith shall
15incur no liability for any improper use of medication or an
16epinephrine auto-injector as defined in this section or for
17supervising, monitoring, or interfering with a student’s
18self-administration of medication or use of an epinephrine
19auto-injector as defined in this section.
204. The permission for self-administration of medication
21or use of an epinephrine auto-injector is effective for the
22school year for which it is granted and shall be renewed each
23subsequent school year upon fulfillment of the requirements
24of this section. However, the parent or guardian shall
25immediately notify the school of any changes in the conditions
26listed under subsection 2.
275. Provided that the requirements of this section are
28fulfilled, a student with asthma or other airway constricting
29disease may possess and use the student’s medication and a
30student with a written statement from a licensed health care
31professional on file pursuant to subsection 2, paragraph
32“a”, may use an epinephrine auto-injector while in school,
33at school-sponsored activities, under the supervision
34of school personnel, and before or after normal school
35activities, such as while in before-school or after-school
-4-1care on school-operated property. If the student misuses
2this privilege, the privilege may be withdrawn. A school
3district or nonpublic school shall notify a student’s parent or
4guardian before withdrawing the privilege to use an epinephrine
5auto-injector.
66. Information provided to the school under subsection 2
7shall be kept on file in the office of the school nurse or, in
8the absence of a school nurse, the school’s administrator.
97. The Iowa braille and sight saving school, the state
10school for the deaf, and the institutions under the control of
11the department of human services as provided in section 218.1
12are exempt from the provisions of this section.
13 Sec. 3. NEW SECTION. 280.16A Epinephrine auto-injector
14supply.
151. For purposes of this section, unless the context
16otherwise requires:
17a. “Epinephrine auto-injector” means the same as provided
18in section 280.16.
19b. “Licensed health care professional” means the same as
20provided in section 280.16.
21c. “Personnel authorized to administer epinephrine”
22means a school nurse or other employee of a school district
23or accredited nonpublic school trained and authorized to
24administer an epinephrine auto-injector.
252. Notwithstanding any other provision of law to the
26contrary, a licensed health care provider may prescribe
27epinephrine auto-injectors in the name of a school district
28or accredited nonpublic school to be maintained for use as
29provided in this section.
303. The board of directors in charge of each school district
31and the authorities in charge of each accredited nonpublic
32school may obtain a prescription for epinephrine auto-injectors
33and maintain a supply of such auto-injectors in a secure
34location at each school for use as provided in this section.
35The board and the authorities shall replace epinephrine
-5-1auto-injectors in the supply upon use or expiration. Personnel
2authorized to administer epinephrine may possess and administer
3epinephrine auto-injectors from the supply as provided in this
4section.
54. Personnel authorized to administer epinephrine may
6provide or administer an epinephrine auto-injector from the
7school’s supply to a student or other individual if such
8personnel reasonably and in good faith believe the student or
9other individual is having an anaphylactic reaction.
105. The following persons, provided they have acted
11reasonably and in good faith, shall not be liable for
12any injury arising from the provision, administration,
13or assistance in the administration of an epinephrine
14auto-injector as provided in this section:
15a. Any personnel authorized to administer epinephrine who
16provide, administer, or assist in the administration of an
17epinephrine auto-injector to a student or other individual
18present at the school who such personnel believe to be having
19an anaphylactic reaction.
20b. A school district or accredited nonpublic school
21employing the personnel.
22c. The board of directors in charge of the school district
23or authorities in charge of the accredited nonpublic school.
24d. The prescriber of the epinephrine auto-injector.
256. The department of education, the board of medicine,
26the board of nursing, and the board of pharmacy shall, in
27consultation with an organization representing school nurses,
28adopt rules pursuant to chapter 17A to implement and administer
29this section, including but not limited to standards and
30procedures for the prescription, distribution, storage,
31replacement, and administration of epinephrine auto-injectors,
32and for training and authorization to be required for personnel
33authorized to administer epinephrine.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-6-1the explanation’s substance by the members of the general assembly.
2This bill permits the board of directors in charge of
3each school district and the authorities in charge of an
4accredited nonpublic school to maintain in a secure location
5at each school a supply of epinephrine auto-injectors for
6use as provided in the bill. The bill requires the board
7and authorities to replace epinephrine auto-injectors in the
8supply upon use or expiration. The bill permits the board
9and authorities to obtain a prescription for epinephrine
10auto-injectors for use as provided in the bill. The bill
11permits personnel authorized to administer epinephrine
12to possess and administer epinephrine auto-injectors from
13the supply as provided in the bill. The bill permits a
14licensed health care professional to prescribe epinephrine
15auto-injectors in the name of a school district or accredited
16nonpublic school to be maintained for use as provided in
17the bill, notwithstanding any other provision of law to the
18contrary.
19The bill permits personnel authorized to administer
20epinephrine to provide or administer an epinephrine
21auto-injector from a school’s supply to a student or
22other individual if such personnel reasonably and in good
23faith believe the student or other individual is having an
24anaphylactic reaction.
25The bill provides immunity from legal liability to any
26personnel authorized to administer epinephrine who provide,
27administer, or assist in the administration of an epinephrine
28auto-injector to a student or other individual who such
29personnel reasonably and in good faith believe to be having
30an anaphylactic reaction; a school district or accredited
31nonpublic school employing the personnel; the board of
32directors in charge of the school district or authorities in
33charge of the accredited nonpublic school; or the prescriber of
34the epinephrine auto-injector, for any injury arising from the
35provision, administration, or assistance in the administration
-7-1of an epinephrine auto-injector as provided in the bill,
2provided such persons acted reasonably and in good faith.
3The bill defines “epinephrine auto-injector” as a medical
4device for immediate self-administration or administration by
5another trained individual of a measured dose of epinephrine to
6a person at risk of anaphylaxis. The bill defines “personnel
7authorized to administer epinephrine” as an employee who
8is trained and authorized to administer an epinephrine
9auto-injector. The bill defines “licensed health care
10professional” as a person licensed under Code chapter 148 to
11practice medicine and surgery or osteopathic medicine and
12surgery, an advanced registered nurse practitioner licensed
13under Code chapter 152 or 152E and registered with the board of
14nursing, or a physician assistant licensed to practice under
15the supervision of a physician as authorized in Code chapters
16147 and 148C.
17The bill permits certain facilities to maintain a supply of
18epinephrine auto-injectors in the same fashion at locations
19where members of the public may be present, with the same
20duties, powers, and immunities relating to maintaining a
21supply of epinephrine auto-injectors and administering the
22auto-injectors applying if the facility chooses to do so. The
23bill defines “facility” as a food establishment as defined in
24Code section 137F.1, a carnival as defined in Code section
2588A.1, a recreational camp, a youth sports facility, or a
26sports area.
27The bill requires the department of education, the
28department of public health, the board of medicine, the
29board of nursing, and the board of pharmacy to adopt rules to
30implement and administer the bill, including but not limited to
31standards and procedures for the prescription, distribution,
32storage, replacement, and administration of epinephrine
33auto-injectors, and for training and authorization to be
34required for personnel authorized to administer epinephrine
35auto-injectors.
-8- 1The bill also adds epinephrine auto-injectors to Code
2section 280.16, which permits self-administration of medication
3in public and nonpublic schools by students with asthma.
4The bill requires school districts and nonpublic schools to
5allow the use of an epinephrine auto-injector by a student with
6a risk of anaphylaxis with a written statement from a licensed
7health care professional on file if the school receives
8written authorization and certain medical information from the
9student’s parent or guardian.
10The bill permits a student with a written statement from a
11licensed health care professional on file to possess and use an
12epinephrine auto-injector while in school, at school-sponsored
13activities, under the supervision of school personnel, and
14before or after normal school activities, such as while in
15before-school or after-school care on school-operated property.
16The bill requires a school district or nonpublic school to
17notify a student’s parent or guardian before withdrawing the
18privilege to use an epinephrine auto-injector.
19The bill adds epinephrine auto-injectors to the provisions
20of Code section 280.16 granting immunity from legal liability
21to school employees, except for gross negligence, for injuries
22resulting from the self-administration of medication. Code
23section 280.16 requires a student’s parent or guardian to
24receive notice of such immunity.
-9-
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. “Licensed health care professional” means the same as
11provided in section 280.16.
12d. “Personnel authorized to administer epinephrine” means
13an employee of a facility who is trained and authorized to
14administer an epinephrine auto-injector.
15e. “Physician” means the same as provided in section 280.16.
162. Notwithstanding any other provision of law to the
17contrary, a licensed health care professional may prescribe
18epinephrine auto-injectors in the name of a facility to be
19maintained for use as provided in this section.
203. A facility may obtain a prescription for epinephrine
21auto-injectors and maintain a supply of such auto-injectors in
22a secure location at each location where a member of the public
23may be present for use as provided in this section. A facility
24that obtains such a prescription shall replace epinephrine
25auto-injectors in the supply upon use or expiration. Personnel
26authorized to administer epinephrine may possess and administer
27epinephrine auto-injectors from the supply as provided in this
28section.
294. Personnel authorized to administer epinephrine may
30provide or administer an epinephrine auto-injector from the
31facility’s supply to an individual present at the facility
32if such personnel reasonably and in good faith believe the
33individual is having an anaphylactic reaction.
345. The following persons, provided they have acted
35reasonably and in good faith, shall not be liable for
-1-1any injury arising from the provision, administration,
2or assistance in the administration of an epinephrine
3auto-injector as provided in this section:
4a. Any personnel authorized to administer epinephrine
5who provide, administer, or assist in the administration
6of an epinephrine auto-injector to an individual present
7at the facility who such personnel believe to be having an
8anaphylactic reaction.
9b. The owner or operator of the facility.
10c. The prescriber of the epinephrine auto-injector.
116. The department of public health, the board of medicine,
12the board of nursing, and the board of pharmacy shall adopt
13rules pursuant to chapter 17A to implement and administer this
14section, including but not limited to standards and procedures
15for the prescription, distribution, storage, replacement, and
16administration of epinephrine auto-injectors, and for training
17and authorization to be required for personnel authorized to
18administer epinephrine.
19 Sec. 2. Section 280.16, Code 2015, is amended to read as
20follows:
21280.16 Self-administration of asthma or other airway
22constricting disease medication or epinephrine auto-injectors.
231. Definitions. For purposes of this section:
24a. “Epinephrine auto-injector” means a medical device for
25immediate self-administration or administration by another
26trained individual of a measured dose of epinephrine to a
27person at risk of anaphylaxis.
28b. “Licensed health care professional” means a person
29licensed under chapter 148 to practice medicine and surgery or
30osteopathic medicine and surgery, an advanced registered nurse
31practitioner licensed under chapter 152 or 152E and registered
32with the board of nursing, or a physician assistant licensed to
33practice under the supervision of a physician as authorized in
34chapters 147 and 148C.
35a. c. “Medication” means a drug that meets the definition
-2-1provided in section 126.2, subsection 8, has an individual
2prescription label, is prescribed by a physician licensed
3health care professional for a student, and pertains to the
4student’s asthma or other airway constricting disease or risk
5of anaphylaxis.
6b. “Physician” means a person licensed under chapter
7148, or a physician’s assistant, advanced registered nurse
8practitioner, or other person licensed or registered to
9distribute or dispense a prescription drug or device in the
10course of professional practice in this state in accordance
11with section 147.107, or a person licensed by another state
12in a health field in which, under Iowa law, licensees in this
13state may legally prescribe drugs.
14c. d. “Self-administration” means a student’s discretionary
15use of medication prescribed by a physician licensed health
16care professional for the student.
172. The board of directors of a school district and the
18authorities in charge of an accredited nonpublic school shall
19permit the self-administration of medication by a student
20with asthma or other airway constricting disease or the use
21of an epinephrine auto-injector by a student with a risk of
22anaphylaxis if the following conditions are met:
23a. The student’s parent or guardian provides to the school
24written authorization for the self-administration of medication
25or for the use of an epinephrine auto-injector.
26b. The student’s parent or guardian provides to the school
27a written statement from the student’s physician containing the
28following information:
29(1) The name and purpose of the medication or epinephrine
30auto-injector.
31(2) The prescribed dosage.
32(3) The times at which or the special circumstances under
33which the medication or epinephrine auto-injector is to be
34administered.
35c. The parent or guardian and the school meet the
-3-1requirements of subsection 3.
23. The school district or accredited nonpublic school
3shall notify the parent or guardian of the student, in
4writing, that the school district or accredited nonpublic
5school and its employees are to incur no liability, except
6for gross negligence, as a result of any injury arising from
7self-administration of medication or use of an epinephrine
8auto-injector by the student. The parent or guardian of the
9student shall sign a statement acknowledging that the school
10district or nonpublic school is to incur no liability, except
11for gross negligence, as a result of self-administration of
12medication or use of an epinephrine auto-injector by the
13student. A school district or accredited nonpublic school
14and its employees acting reasonably and in good faith shall
15incur no liability for any improper use of medication or an
16epinephrine auto-injector as defined in this section or for
17supervising, monitoring, or interfering with a student’s
18self-administration of medication or use of an epinephrine
19auto-injector as defined in this section.
204. The permission for self-administration of medication
21or use of an epinephrine auto-injector is effective for the
22school year for which it is granted and shall be renewed each
23subsequent school year upon fulfillment of the requirements
24of this section. However, the parent or guardian shall
25immediately notify the school of any changes in the conditions
26listed under subsection 2.
275. Provided that the requirements of this section are
28fulfilled, a student with asthma or other airway constricting
29disease may possess and use the student’s medication and a
30student with a written statement from a licensed health care
31professional on file pursuant to subsection 2, paragraph
32“a”, may use an epinephrine auto-injector while in school,
33at school-sponsored activities, under the supervision
34of school personnel, and before or after normal school
35activities, such as while in before-school or after-school
-4-1care on school-operated property. If the student misuses
2this privilege, the privilege may be withdrawn. A school
3district or nonpublic school shall notify a student’s parent or
4guardian before withdrawing the privilege to use an epinephrine
5auto-injector.
66. Information provided to the school under subsection 2
7shall be kept on file in the office of the school nurse or, in
8the absence of a school nurse, the school’s administrator.
97. The Iowa braille and sight saving school, the state
10school for the deaf, and the institutions under the control of
11the department of human services as provided in section 218.1
12are exempt from the provisions of this section.
13 Sec. 3. NEW SECTION. 280.16A Epinephrine auto-injector
14supply.
151. For purposes of this section, unless the context
16otherwise requires:
17a. “Epinephrine auto-injector” means the same as provided
18in section 280.16.
19b. “Licensed health care professional” means the same as
20provided in section 280.16.
21c. “Personnel authorized to administer epinephrine”
22means a school nurse or other employee of a school district
23or accredited nonpublic school trained and authorized to
24administer an epinephrine auto-injector.
252. Notwithstanding any other provision of law to the
26contrary, a licensed health care provider may prescribe
27epinephrine auto-injectors in the name of a school district
28or accredited nonpublic school to be maintained for use as
29provided in this section.
303. The board of directors in charge of each school district
31and the authorities in charge of each accredited nonpublic
32school may obtain a prescription for epinephrine auto-injectors
33and maintain a supply of such auto-injectors in a secure
34location at each school for use as provided in this section.
35The board and the authorities shall replace epinephrine
-5-1auto-injectors in the supply upon use or expiration. Personnel
2authorized to administer epinephrine may possess and administer
3epinephrine auto-injectors from the supply as provided in this
4section.
54. Personnel authorized to administer epinephrine may
6provide or administer an epinephrine auto-injector from the
7school’s supply to a student or other individual if such
8personnel reasonably and in good faith believe the student or
9other individual is having an anaphylactic reaction.
105. The following persons, provided they have acted
11reasonably and in good faith, shall not be liable for
12any injury arising from the provision, administration,
13or assistance in the administration of an epinephrine
14auto-injector as provided in this section:
15a. Any personnel authorized to administer epinephrine who
16provide, administer, or assist in the administration of an
17epinephrine auto-injector to a student or other individual
18present at the school who such personnel believe to be having
19an anaphylactic reaction.
20b. A school district or accredited nonpublic school
21employing the personnel.
22c. The board of directors in charge of the school district
23or authorities in charge of the accredited nonpublic school.
24d. The prescriber of the epinephrine auto-injector.
256. The department of education, the board of medicine,
26the board of nursing, and the board of pharmacy shall, in
27consultation with an organization representing school nurses,
28adopt rules pursuant to chapter 17A to implement and administer
29this section, including but not limited to standards and
30procedures for the prescription, distribution, storage,
31replacement, and administration of epinephrine auto-injectors,
32and for training and authorization to be required for personnel
33authorized to administer epinephrine.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-6-1the explanation’s substance by the members of the general assembly.
2This bill permits the board of directors in charge of
3each school district and the authorities in charge of an
4accredited nonpublic school to maintain in a secure location
5at each school a supply of epinephrine auto-injectors for
6use as provided in the bill. The bill requires the board
7and authorities to replace epinephrine auto-injectors in the
8supply upon use or expiration. The bill permits the board
9and authorities to obtain a prescription for epinephrine
10auto-injectors for use as provided in the bill. The bill
11permits personnel authorized to administer epinephrine
12to possess and administer epinephrine auto-injectors from
13the supply as provided in the bill. The bill permits a
14licensed health care professional to prescribe epinephrine
15auto-injectors in the name of a school district or accredited
16nonpublic school to be maintained for use as provided in
17the bill, notwithstanding any other provision of law to the
18contrary.
19The bill permits personnel authorized to administer
20epinephrine to provide or administer an epinephrine
21auto-injector from a school’s supply to a student or
22other individual if such personnel reasonably and in good
23faith believe the student or other individual is having an
24anaphylactic reaction.
25The bill provides immunity from legal liability to any
26personnel authorized to administer epinephrine who provide,
27administer, or assist in the administration of an epinephrine
28auto-injector to a student or other individual who such
29personnel reasonably and in good faith believe to be having
30an anaphylactic reaction; a school district or accredited
31nonpublic school employing the personnel; the board of
32directors in charge of the school district or authorities in
33charge of the accredited nonpublic school; or the prescriber of
34the epinephrine auto-injector, for any injury arising from the
35provision, administration, or assistance in the administration
-7-1of an epinephrine auto-injector as provided in the bill,
2provided such persons acted reasonably and in good faith.
3The bill defines “epinephrine auto-injector” as a medical
4device for immediate self-administration or administration by
5another trained individual of a measured dose of epinephrine to
6a person at risk of anaphylaxis. The bill defines “personnel
7authorized to administer epinephrine” as an employee who
8is trained and authorized to administer an epinephrine
9auto-injector. The bill defines “licensed health care
10professional” as a person licensed under Code chapter 148 to
11practice medicine and surgery or osteopathic medicine and
12surgery, an advanced registered nurse practitioner licensed
13under Code chapter 152 or 152E and registered with the board of
14nursing, or a physician assistant licensed to practice under
15the supervision of a physician as authorized in Code chapters
16147 and 148C.
17The bill permits certain facilities to maintain a supply of
18epinephrine auto-injectors in the same fashion at locations
19where members of the public may be present, with the same
20duties, powers, and immunities relating to maintaining a
21supply of epinephrine auto-injectors and administering the
22auto-injectors applying if the facility chooses to do so. The
23bill defines “facility” as a food establishment as defined in
24Code section 137F.1, a carnival as defined in Code section
2588A.1, a recreational camp, a youth sports facility, or a
26sports area.
27The bill requires the department of education, the
28department of public health, the board of medicine, the
29board of nursing, and the board of pharmacy to adopt rules to
30implement and administer the bill, including but not limited to
31standards and procedures for the prescription, distribution,
32storage, replacement, and administration of epinephrine
33auto-injectors, and for training and authorization to be
34required for personnel authorized to administer epinephrine
35auto-injectors.
-8- 1The bill also adds epinephrine auto-injectors to Code
2section 280.16, which permits self-administration of medication
3in public and nonpublic schools by students with asthma.
4The bill requires school districts and nonpublic schools to
5allow the use of an epinephrine auto-injector by a student with
6a risk of anaphylaxis with a written statement from a licensed
7health care professional on file if the school receives
8written authorization and certain medical information from the
9student’s parent or guardian.
10The bill permits a student with a written statement from a
11licensed health care professional on file to possess and use an
12epinephrine auto-injector while in school, at school-sponsored
13activities, under the supervision of school personnel, and
14before or after normal school activities, such as while in
15before-school or after-school care on school-operated property.
16The bill requires a school district or nonpublic school to
17notify a student’s parent or guardian before withdrawing the
18privilege to use an epinephrine auto-injector.
19The bill adds epinephrine auto-injectors to the provisions
20of Code section 280.16 granting immunity from legal liability
21to school employees, except for gross negligence, for injuries
22resulting from the self-administration of medication. Code
23section 280.16 requires a student’s parent or guardian to
24receive notice of such immunity.
-9-