Bill Text: GA HB227 | 2011-2012 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Student health; school personnel administer auto-injectable epinephrine; authorize

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Passed) 2011-07-01 - Effective Date [HB227 Detail]

Download: Georgia-2011-HB227-Comm_Sub.html

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11 LC 33 4104S

The House Committee on Health and Human Services offers the following substitute to HB 227:

A BILL TO BE ENTITLED
AN ACT

To amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to revise a law authorizing a student to carry and self-administer auto-injectable epinephrine; to provide for local board of education policies authorizing school personnel to administer auto-injectable epinephrine to students who are having an anaphylactic adverse reaction; to provide for a definition; to provide for information; to provide for immunity; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, is amended in Code Section 20-2-776, relating to auto-injectable epinephrine carried by a student, by adding a new subsection to read as follows:

"(g) Nothing in this Code section shall be construed to prohibit a school from receiving and storing prescription auto-injectable epinephrine onsite on behalf of a student who is not able to self-administer the medication because of age or any other reason if the parent or guardian provides:

(1) A written statement from a physician licensed under Chapter 34 of Title 43 detailing the name of the medication, method, amount, and time schedules by which the medication is to be taken; and

(2) A written statement by the parent or guardian providing a release for the school nurse or other designated school personnel to consult with the physician regarding any questions that may arise with regard to the medication, and releasing the school system and its employees and agents from civil liability.

The written statements specified in this subsection shall be provided at least annually and more frequently if the medication, dosage, frequency of administration, or reason for administration changes."

SECTION 2.

Said part is further amended by adding a new Code section to read as follows:

"20-2-776.1.

(a) As used in this Code section, the term 'auto-injectable epinephrine' means a disposable drug delivery device that is easily transportable and contains a premeasured single dose of epinephrine used to treat life-threatening allergic reactions.

(b) Each local board of education shall adopt a policy authorizing school personnel to administer auto-injectable epinephrine, if available, to a student upon the occurrence of an actual or perceived anaphylactic adverse reaction by the student, whether or not such student has a prescription for epinephrine.

(c) Each local board of education shall provide information to school personnel on how to recognize the symptoms of anaphylactic shock and the correct method of administering the auto-injectable epinephrine.

(d) Any school personnel who in good faith administers or chooses not to administer epinephrine to a student pursuant to this Code section shall be immune from civil liability for any act or omission to act related to the administration of epinephrine, except that such immunity shall not apply to an act of willful or wanton misconduct."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.