Bill Text: IA HF2167 | 2013-2014 | 85th General Assembly | Introduced


Bill Title: A bill for an act relating to the maintenance and administration of epinephrine in schools and certain other facilities.

Status: (Introduced) 2014-02-17 - Passed subcommittee. [HF2167 Detail]

Download: Iowa-2013-HF2167-Introduced.html
House File 2167 - Introduced HOUSE FILE 2167 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 5410HH (3) 85 je/nh
H.F. 2167 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 an 10 employee of a facility trained and authorized to administer an 11 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 -1- LSB 5410HH (3) 85 je/nh 1/ 8
H.F. 2167 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 to implement and 9 administer this section, including but not limited to standards 10 and procedures for the prescription, distribution, storage, 11 replacement, and administration of epinephrine auto-injectors, 12 and for training and authorization to be required for personnel 13 authorized to administer epinephrine. 14 Sec. 2. Section 280.16, Code 2014, is amended to read as 15 follows: 16 280.16 Self-administration of asthma or other airway 17 constricting disease medication certain medications . 18 1. Definitions. For purposes of this section : 19 a. “Epinephrine auto-injector” means a medical device for 20 immediate self-administration of a measured dose of epinephrine 21 by a person at risk of anaphylaxis. 22 a. b. “Medication” means a drug that meets the definition 23 provided in section 126.2, subsection 8 , has an individual 24 prescription label, is prescribed by a physician for a 25 student, and pertains to the student’s asthma or other airway 26 constricting disease. 27 b. c. “Physician” means a person licensed under chapter 28 148 , or a physician’s assistant, advanced registered nurse 29 practitioner, or other person licensed or registered to 30 distribute or dispense a prescription drug or device in the 31 course of professional practice in this state in accordance 32 with section 147.107 , or a person licensed by another state 33 in a health field in which, under Iowa law, licensees in this 34 state may legally prescribe drugs. 35 -2- LSB 5410HH (3) 85 je/nh 2/ 8
H.F. 2167 c. d. “Self-administration” means a student’s discretionary 1 use of medication prescribed by a physician for the student. 2 2. The board of directors of a school district and the 3 authorities in charge of an accredited nonpublic school shall 4 permit the self-administration of medication by a student 5 with asthma or other airway constricting disease or the use 6 of an epinephrine auto-injector by a student if the following 7 conditions are met: 8 a. The student’s parent or guardian provides to the school 9 written authorization for the self-administration of medication 10 or for the use of an epinephrine auto-injector . 11 b. The student’s parent or guardian provides to the school 12 a written statement from the student’s physician containing the 13 following information: 14 (1) The name and purpose of the medication or epinephrine 15 auto-injector . 16 (2) The prescribed dosage. 17 (3) The times at which or the special circumstances under 18 which the medication or epinephrine auto-injector is to be 19 administered. 20 c. The parent or guardian and the school meet the 21 requirements of subsection 3 . 22 3. The school district or accredited nonpublic school 23 shall notify the parent or guardian of the student, in 24 writing, that the school district or accredited nonpublic 25 school and its employees are to incur no liability, except 26 for gross negligence, as a result of any injury arising from 27 self-administration of medication or use of an epinephrine 28 auto-injector by the student. The parent or guardian of the 29 student shall sign a statement acknowledging that the school 30 district or nonpublic school is to incur no liability, except 31 for gross negligence, as a result of self-administration of 32 medication or use of an epinephrine auto-injector by the 33 student. A school district or accredited nonpublic school 34 and its employees acting reasonably and in good faith shall 35 -3- LSB 5410HH (3) 85 je/nh 3/ 8
H.F. 2167 incur no liability for any improper use of medication or an 1 epinephrine auto-injector as defined in this section or for 2 supervising, monitoring, or interfering with a student’s 3 self-administration of medication or use of an epinephrine 4 auto-injector as defined in this section . 5 4. The permission for self-administration of medication 6 or use of an epinephrine auto-injector is effective for the 7 school year for which it is granted and shall be renewed each 8 subsequent school year upon fulfillment of the requirements 9 of this section . However, the parent or guardian shall 10 immediately notify the school of any changes in the conditions 11 listed under subsection 2 . 12 5. Provided that the requirements of this section are 13 fulfilled, a student with asthma or other airway constricting 14 disease may possess and use the student’s medication and a 15 student with a written statement from a physician on file 16 pursuant to subsection 2, paragraph “a” may use an epinephrine 17 auto-injector while in school, at school-sponsored activities, 18 under the supervision of school personnel, and before or after 19 normal school activities, such as while in before-school or 20 after-school care on school-operated property. If the student 21 misuses this privilege, the privilege may be withdrawn. A 22 school district or nonpublic school shall notify a student’s 23 parent or guardian before withdrawing the privilege to use an 24 epinephrine auto-injector. 25 6. Information provided to the school under subsection 2 26 shall be kept on file in the office of the school nurse or, in 27 the absence of a school nurse, the school’s administrator. 28 7. The Iowa braille and sight saving school, the state 29 school for the deaf, and the institutions under the control of 30 the department of human services as provided in section 218.1 31 are exempt from the provisions of this section . 32 Sec. 3. NEW SECTION . 280.16A Epinephrine auto-injector 33 supply. 34 1. For purposes of this section, unless the context 35 -4- LSB 5410HH (3) 85 je/nh 4/ 8
H.F. 2167 otherwise requires: 1 a. “Epinephrine auto-injector” means the same as provided 2 in section 280.16. 3 b. “Personnel authorized to administer epinephrine” 4 means a school nurse or other employee of a school district 5 or accredited nonpublic school trained and authorized to 6 administer an epinephrine auto-injector. 7 c. “Physician” means the same as provided in section 280.16. 8 2. Notwithstanding any other provision of law to the 9 contrary, a physician may prescribe epinephrine auto-injectors 10 in the name of a school district or accredited nonpublic school 11 to be maintained for use as provided in this section. 12 3. The board of directors in charge of each school district 13 and the authorities in charge of each accredited nonpublic 14 school may obtain a prescription for epinephrine auto-injectors 15 and maintain a supply of such auto-injectors in a secure 16 location at each school for use as provided in this section. 17 The board and the authorities shall replace epinephrine 18 auto-injectors in the supply upon use or expiration. Personnel 19 authorized to administer epinephrine may possess and administer 20 epinephrine auto-injectors from the supply as provided in this 21 section. 22 4. Personnel authorized to administer epinephrine may 23 provide or administer an epinephrine auto-injector from the 24 school’s supply to a student if such personnel reasonably and 25 in good faith believe the student is having an anaphylactic 26 reaction. 27 5. Any personnel authorized to administer epinephrine 28 who provide, administer, or assist in the administration 29 of an epinephrine auto-injector to a student who such 30 personnel reasonably and in good faith believe to be having 31 an anaphylactic reaction; a school district or accredited 32 nonpublic school employing the personnel; the board of 33 directors in charge of the school district or authorities in 34 charge of the accredited nonpublic school; or the prescriber 35 -5- LSB 5410HH (3) 85 je/nh 5/ 8
H.F. 2167 of the epinephrine auto-injector, shall incur no liability, 1 except for gross negligence, as a result of any injury arising 2 from the provision, administration, or assistance in the 3 administration of an epinephrine auto-injector as provided in 4 this section. 5 6. The department of education, the board of medicine, 6 and the board of pharmacy shall adopt rules to implement and 7 administer this section, including but not limited to standards 8 and procedures for the prescription, distribution, storage, 9 replacement, and administration of epinephrine auto-injectors, 10 and for training and authorization to be required for personnel 11 authorized to administer epinephrine. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill permits the board of directors in charge of 16 each school district and the authorities in charge of an 17 accredited nonpublic school to maintain in a secure location 18 at each school a supply of epinephrine auto-injectors for 19 use as provided in the bill. The bill requires the board 20 and authorities to replace epinephrine auto-injectors in the 21 supply upon use or expiration. The bill permits the board 22 and authorities to obtain a prescription for epinephrine 23 auto-injectors for use as provided in the bill. The bill 24 permits personnel authorized to administer epinephrine to 25 possess and administer epinephrine auto-injectors from the 26 supply as provided in the bill. The bill permits a physician 27 to prescribe epinephrine auto-injectors in the name of a school 28 district or accredited nonpublic school to be maintained 29 for use as provided in the bill, notwithstanding any other 30 provision of law to the contrary. 31 The bill permits personnel authorized to administer 32 epinephrine to provide or administer an epinephrine 33 auto-injector from a school’s supply to a student if such 34 personnel reasonably and in good faith believe the student is 35 -6- LSB 5410HH (3) 85 je/nh 6/ 8
H.F. 2167 having an anaphylactic reaction. 1 The bill provides immunity from legal liability, except for 2 gross negligence, to any personnel authorized to administer 3 epinephrine who provide, administer, or assist in the 4 administration of an epinephrine auto-injector to a student 5 who such personnel reasonably and in good faith believe to 6 be having an anaphylactic reaction; a school district or 7 accredited nonpublic school employing the personnel; the board 8 of directors in charge of the school district or authorities in 9 charge of the accredited nonpublic school; or the prescriber of 10 the epinephrine auto-injector, for any injury arising from the 11 provision, administration, or assistance in the administration 12 of an epinephrine auto-injector as provided in the bill. 13 The bill defines “epinephrine auto-injector” as a medical 14 device for immediate self-administration of a measured dose 15 of epinephrine by a person at risk of anaphylaxis. The bill 16 defines “personnel authorized to administer epinephrine” as an 17 employee trained and authorized to administer an epinephrine 18 auto-injector. 19 The bill permits certain facilities to maintain a supply of 20 epinephrine auto-injectors in the same fashion at locations 21 where members of the public may be present, with the same 22 duties, powers, and immunities relating to maintaining a 23 supply of epinephrine auto-injectors and administering the 24 auto-injectors applying if the facility chooses to do so. The 25 bill defines “facility” as a food establishment as defined in 26 Code section 137F.1, a carnival as defined in Code section 27 88A.1, a recreational camp, a youth sports facility, or a 28 sports area. 29 The bill requires the department of education, the 30 department of public health, the board of medicine, and the 31 board of pharmacy to adopt rules to implement and administer 32 the bill, including but not limited to standards and procedures 33 for the prescription, distribution, storage, replacement, and 34 administration of epinephrine auto-injectors, and for training 35 -7- LSB 5410HH (3) 85 je/nh 7/ 8
H.F. 2167 and authorization to be required for personnel authorized to 1 administer epinephrine auto-injectors. 2 The bill also adds epinephrine auto-injectors to Code 3 section 280.16, which permits self-administration of medication 4 in public and nonpublic schools by students with asthma. 5 The bill requires school districts and nonpublic schools 6 to allow the use of an epinephrine auto-injector by a student 7 with a written statement from a physician on file if the school 8 receives written authorization and certain medical information 9 from the student’s parent or guardian. 10 The bill permits a student with a written statement 11 from a physician on file to possess and use an epinephrine 12 auto-injector while in school, at school-sponsored activities, 13 under the supervision of school personnel, and before or after 14 normal school activities, such as while in before-school or 15 after-school care on school-operated property. The bill 16 requires a school district or nonpublic school to notify a 17 student’s parent or guardian before withdrawing the privilege 18 to use an epinephrine auto-injector. 19 The bill adds epinephrine auto-injectors to the provisions 20 of Code section 280.16 granting immunity from legal liability 21 to school employees, except for gross negligence, for injuries 22 resulting from the self-administration of medication. Code 23 section 280.16 requires a student’s parent or guardian to 24 receive notice of such immunity. 25 -8- LSB 5410HH (3) 85 je/nh 8/ 8
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