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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 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
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5410HH
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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
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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
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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
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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
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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
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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
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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
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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
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