Senate File 462 - Enrolled
SENATE FILE
BY COMMITTEE ON HUMAN
RESOURCES
(SUCCESSOR TO SSB
1244)
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A BILL FOR
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Senate File 462
AN ACT
RELATING TO THE MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE
IN SCHOOLS AND CERTAIN OTHER FACILITIES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. NEW SECTION. 135.185 Epinephrine auto=injector
supply.
1. For purposes of this section, unless the context
otherwise requires:
a. "Epinephrine auto=injector" means the same as provided
in section 280.16.
b. "Facility" means a food establishment as defined in
section 137F.1, a carnival as defined in section 88A.1, a
recreational camp, a youth sports facility, or a sports area.
c. "Licensed health care professional" means the same as
provided in section 280.16.
d. "Personnel authorized to administer epinephrine" means an
employee or agent of a facility who is trained and authorized
to administer an epinephrine auto=injector.
2. Notwithstanding any other provision of law to the
contrary, a licensed health care professional may prescribe
epinephrine auto=injectors in the name of a facility to be
maintained for use as provided in this section.
3. A facility may obtain a prescription for epinephrine
auto=injectors and maintain a supply of such auto=injectors in
a secure location at each location where a member of the public
may be present for use as provided in this section. A facility
that obtains such a prescription shall replace epinephrine
auto=injectors in the supply upon use or expiration. Personnel
authorized to administer epinephrine may possess and administer
epinephrine auto=injectors from the supply as provided in this
section.
4. Personnel authorized to administer epinephrine may
provide or administer an epinephrine auto=injector from the
facility's supply to an individual present at the facility
if such personnel reasonably and in good faith believe the
individual is having an anaphylactic reaction.
5. The following persons, provided they have acted
reasonably and in good faith, shall not be liable for
any injury arising from the provision, administration,
or assistance in the administration of an epinephrine
auto=injector as provided in this section:
a. Any personnel authorized to administer epinephrine
who provide, administer, or assist in the administration
of an epinephrine auto=injector to an individual present
at the facility who such personnel believe to be having an
anaphylactic reaction.
b. The owner or operator of the facility.
c. The prescriber of the epinephrine auto=injector.
6. The department of public health, the board of medicine,
the board of nursing, and the board of pharmacy shall adopt
rules pursuant to chapter 17A to implement and administer this
section, including but not limited to standards and procedures
for the prescription, distribution, storage, replacement, and
administration of epinephrine auto=injectors, and for training
and authorization to be required for personnel authorized to
administer epinephrine.
Sec. 2. Section 280.16, Code 2015, is amended to read as
follows:
280.16 Self=administration of asthma or other airway
constricting disease medication or epinephrine auto=injectors.
1. Definitions. For purposes of this section:
a. "Epinephrine auto=injector" means a device for immediate
self=administration or administration by another trained
individual of a measured dose of epinephrine to a person at
risk of anaphylaxis.
b. "Licensed health care professional" means a person
licensed under chapter 148 to practice medicine and surgery or
osteopathic medicine and surgery, an advanced registered nurse
practitioner licensed under chapter 152 or 152E and registered
with the board of nursing, or a physician assistant licensed to
practice under the supervision of a physician as authorized in
chapters 147 and 148C.
a. c. "Medication" means a drug that meets the definition
provided in section 126.2, subsection 8, has an individual
prescription label, is prescribed by a physician licensed
health care professional for a student, and pertains to the
student's asthma or other airway constricting disease or risk
of anaphylaxis.
b. "Physician" means a person licensed under chapter
148, or a physician's assistant, advanced registered nurse
practitioner, or other person licensed or registered to
distribute or dispense a prescription drug or device in the
course of professional practice in this state in accordance
with section 147.107, or a person licensed by another state
in a health field in which, under Iowa law, licensees in this
state may legally prescribe drugs.
c. d. "Self=administration" means a student's discretionary
use of medication prescribed by a physician licensed health
care professional for the student.
2. The board of directors of a school district and the
authorities in charge of an accredited nonpublic school shall
permit the self=administration of medication by a student
with asthma or other airway constricting disease or the use
of an epinephrine auto=injector by a student with a risk of
anaphylaxis if the following conditions are met:
a. The student's parent or guardian provides to the school
written authorization for the self=administration of medication
or for the use of an epinephrine auto=injector.
b. The student's parent or guardian provides to the school a
written statement from the student's physician licensed health
care professional containing the following information:
(1) The name and purpose of the medication or epinephrine
auto=injector.
(2) The prescribed dosage.
(3) The times at which or the special circumstances under
which the medication or epinephrine auto=injector is to be
administered.
c. The parent or guardian and the school meet the
requirements of subsection 3.
3. The school district or accredited nonpublic school
shall notify the parent or guardian of the student, in
writing, that the school district or accredited nonpublic
school and its employees are to incur no liability, except
for gross negligence, as a result of any injury arising from
self=administration of medication or use of an epinephrine
auto=injector by the student. The parent or guardian of the
student shall sign a statement acknowledging that the school
district or nonpublic school is to incur no liability, except
for gross negligence, as a result of self=administration of
medication or use of an epinephrine auto=injector by the
student. A school district or accredited nonpublic school
and its employees acting reasonably and in good faith shall
incur no liability for any improper use of medication or an
epinephrine auto=injector as defined in this section or for
supervising, monitoring, or interfering with a student's
self=administration of medication or use of an epinephrine
auto=injector as defined in this section.
4. The permission for self=administration of medication
or use of an epinephrine auto=injector is effective for the
school year for which it is granted and shall be renewed each
subsequent school year upon fulfillment of the requirements
of this section. However, the parent or guardian shall
immediately notify the school of any changes in the conditions
listed under subsection 2.
5. Provided that the requirements of this section are
fulfilled, a student with asthma or other airway constricting
disease may possess and use the student's medication and a
student with a written statement from a licensed health care
professional on file pursuant to subsection 2, paragraph
"a", may use an epinephrine auto=injector while in school,
at school=sponsored activities, under the supervision
of school personnel, and before or after normal school
activities, such as while in before=school or after=school
care on school=operated property. If the student misuses
this privilege, the privilege may be withdrawn. A school
district or nonpublic school shall notify a student's parent or
guardian before withdrawing the privilege to use an epinephrine
auto=injector.
6. Information provided to the school under subsection 2
shall be kept on file in the office of the school nurse or, in
the absence of a school nurse, the school's administrator.
7. The Iowa braille and sight saving school, the state
school for the deaf, and the institutions under the control of
the department of human services as provided in section 218.1
are exempt from the provisions of this section.
Sec. 3. NEW SECTION. 280.16A Epinephrine auto=injector
supply.
1. For purposes of this section, unless the context
otherwise requires:
a. "Epinephrine auto=injector" means the same as provided
in section 280.16.
b. "Licensed health care professional" means the same as
provided in section 280.16.
c. "Personnel authorized to administer epinephrine"
means a school nurse or other employee of a school district
or accredited nonpublic school trained and authorized to
administer an epinephrine auto=injector.
2. Notwithstanding any other provision of law to the
contrary, a licensed health care professional may prescribe
epinephrine auto=injectors in the name of a school district
or accredited nonpublic school to be maintained for use as
provided in this section.
3. The board of directors in charge of each school district
and the authorities in charge of each accredited nonpublic
school may obtain a prescription for epinephrine auto=injectors
and maintain a supply of such auto=injectors in a secure
location at each school for use as provided in this section.
The board and the authorities shall replace epinephrine
auto=injectors in the supply upon use or expiration. Personnel
authorized to administer epinephrine may possess and administer
epinephrine auto=injectors from the supply as provided in this
section.
4. Personnel authorized to administer epinephrine may
provide or administer an epinephrine auto=injector from the
school's supply to a student or other individual if such
personnel reasonably and in good faith believe the student or
other individual is having an anaphylactic reaction.
5. The following persons, provided they have acted
reasonably and in good faith, shall not be liable for
any injury arising from the provision, administration,
or assistance in the administration of an epinephrine
auto=injector as provided in this section:
a. Any personnel authorized to administer epinephrine who
provide, administer, or assist in the administration of an
epinephrine auto=injector to a student or other individual
present at the school who such personnel believe to be having
an anaphylactic reaction.
b. A school district or accredited nonpublic school
employing the personnel.
c. The board of directors in charge of the school district
or authorities in charge of the accredited nonpublic school.
d. The prescriber of the epinephrine auto=injector.
6. The department of education, the board of medicine,
the board of nursing, and the board of pharmacy shall, in
consultation with an organization representing school nurses,
adopt rules pursuant to chapter 17A to implement and administer
this section, including but not limited to standards and
procedures for the prescription, distribution, storage,
replacement, and administration of epinephrine auto=injectors,
and for training and authorization to be required for personnel
authorized to administer epinephrine.
PAM JOCHUM
President of the Senate
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 462, Eighty=sixth General Assembly.
MICHAEL E. MARSHALL
Secretary of the Senate
Approved , 2015
TERRY E. BRANSTAD
Governor
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