Bill Text: IA HF2469 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act concerning the administration of epinephrine in public and nonpublic schools, and including effective date and applicability provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-04-12 - Subcommittee, L. Miller, Forristall, and Steckman. H.J. 811. [HF2469 Detail]
Download: Iowa-2011-HF2469-Introduced.html
House
File
2469
-
Introduced
HOUSE
FILE
2469
BY
T.
OLSON
A
BILL
FOR
An
Act
concerning
the
administration
of
epinephrine
in
public
1
and
nonpublic
schools,
and
including
effective
date
and
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
280.16,
Code
2011,
is
amended
to
read
as
1
follows:
2
280.16
Self-administration
of
asthma
or
other
airway
3
constricting
disease
medication
,
or
epinephrine
auto-injectors
.
4
1.
Definitions.
For
purposes
of
this
section
:
5
a.
“Epinephrine
auto-injector”
means
a
medical
device
for
6
immediate
self-administration
of
a
measured
dose
of
epinephrine
7
by
a
person
at
risk
of
anaphylaxis.
8
a.
b.
“Medication”
means
a
drug
that
meets
the
definition
9
provided
in
section
126.2,
subsection
8
,
has
an
individual
10
prescription
label,
is
prescribed
by
a
physician
for
a
11
student,
and
pertains
to
the
student’s
asthma
or
other
airway
12
constricting
disease.
13
b.
c.
“Physician”
means
a
person
licensed
under
chapter
14
148
,
or
a
physician’s
assistant,
advanced
registered
nurse
15
practitioner,
or
other
person
licensed
or
registered
to
16
distribute
or
dispense
a
prescription
drug
or
device
in
the
17
course
of
professional
practice
in
this
state
in
accordance
18
with
section
147.107
,
or
a
person
licensed
by
another
state
19
in
a
health
field
in
which,
under
Iowa
law,
licensees
in
this
20
state
may
legally
prescribe
drugs.
21
c.
d.
“Self-administration”
means
a
student’s
discretionary
22
use
of
medication
prescribed
by
a
physician
for
the
student.
23
2.
The
board
of
directors
of
a
school
district
and
the
24
authorities
in
charge
of
an
accredited
nonpublic
school
shall
25
permit
the
self-administration
of
medication
by
a
student
26
with
asthma
or
other
airway
constricting
disease
or
the
use
27
of
an
epinephrine
auto-injector
by
a
student
if
the
following
28
conditions
are
met:
29
a.
The
student’s
parent
or
guardian
provides
to
the
school
30
written
authorization
for
the
self-administration
of
medication
31
or
for
the
use
of
an
epinephrine
auto-injector
.
32
b.
The
student’s
parent
or
guardian
provides
to
the
school
33
a
written
statement
from
the
student’s
physician
containing
the
34
following
information:
35
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(1)
The
name
and
purpose
of
the
medication
or
epinephrine
1
auto-injector
.
2
(2)
The
prescribed
dosage.
3
(3)
The
times
at
which
or
the
special
circumstances
under
4
which
the
medication
or
epinephrine
auto-injector
is
to
be
5
administered.
6
c.
The
parent
or
guardian
and
the
school
meet
the
7
requirements
of
subsection
3
5
.
8
3.
The
board
of
directors
of
a
school
district
and
the
9
authorities
in
charge
of
a
nonpublic
school
may
authorize
10
the
provision
of
an
epinephrine
auto-injector
that
meets
11
a
student’s
prescription
on
file
to
the
student
or
to
any
12
personnel
legally
authorized
to
administer
an
epinephrine
13
auto-injector
to
the
student.
14
4.
The
board
of
directors
of
a
school
district
and
the
15
authorities
in
charge
of
a
nonpublic
school
may
authorize
a
16
school
nurse
to
do
any
of
the
following:
17
a.
Provide
an
epinephrine
auto-injector
that
meets
a
18
student’s
prescription
on
file
to
the
student
or
any
personnel
19
legally
authorized
to
administer
an
epinephrine
auto-injector
20
to
the
student.
21
b.
Administer
an
epinephrine
auto-injector
that
meets
the
22
student’s
prescription
on
file
to
any
student
for
whom
the
use
23
of
epinephrine
auto-injector
is
legally
authorized.
24
c.
Administer
an
epinephrine
auto-injector
to
any
25
student
whom
the
school
nurse
reasonably
and
in
good
faith
26
professionally
believes
is
having
an
anaphylactic
reaction.
27
3.
5.
a.
The
school
district
or
accredited
nonpublic
28
school
shall
notify
the
parent
or
guardian
of
the
student,
29
in
writing,
that
the
school
district
or
accredited
nonpublic
30
school
and
its
employees
are
to
incur
no
liability,
except
31
for
gross
negligence,
as
a
result
of
any
injury
arising
from
32
self-administration
of
medication
by
the
student
or
use
of
an
33
epinephrine
auto-injector
pursuant
to
the
provisions
of
this
34
section
.
The
parent
or
guardian
of
the
student
shall
sign
a
35
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2469
statement
acknowledging
that
the
school
district
or
nonpublic
1
school
is
to
incur
no
liability,
except
for
gross
negligence,
2
as
a
result
of
self-administration
of
medication
by
the
student
3
or
use
of
an
epinephrine
auto-injector
.
A
school
district
or
4
accredited
nonpublic
school
and
its
employees
acting
reasonably
5
and
in
good
faith
shall
incur
no
liability
for
any
improper
6
use
of
medication
or
an
epinephrine
auto-injector
as
defined
7
in
this
section
or
for
supervising,
monitoring,
or
interfering
8
with
a
student’s
self-administration
of
medication
or
use
of
an
9
epinephrine
auto-injector
as
defined
in
this
section
.
10
b.
If
a
school
nurse
administers
an
epinephrine
11
auto-injector
to
a
student
whom
the
school
nurse
reasonably
and
12
in
good
faith
professionally
believes
is
having
an
anaphylactic
13
reaction,
notwithstanding
the
lack
of
notice
to
the
parent
14
or
guardian
of
the
student
or
the
absence
of
the
parent’s
or
15
guardian’s
signed
statement
acknowledging
no
liability,
the
16
school
district
or
nonpublic
school
and
its
employees
shall
17
not
be
liable,
except
for
negligence,
as
a
result
of
any
18
injury
arising
from
the
use
of
an
epinephrine
auto-injector,
19
regardless
of
whether
authorization
was
given
by
the
student’s
20
parent
or
guardian
for
such
administration.
21
4.
6.
The
permission
for
self-administration
of
medication
22
or
use
of
an
epinephrine
auto-injector
is
effective
for
the
23
school
year
for
which
it
is
granted
and
shall
be
renewed
each
24
subsequent
school
year
upon
fulfillment
of
the
requirements
25
of
this
section
.
However,
the
parent
or
guardian
shall
26
immediately
notify
the
school
of
any
changes
in
the
conditions
27
listed
under
subsection
2
.
28
5.
7.
Provided
that
the
requirements
of
this
section
are
29
fulfilled,
a
student
with
asthma
or
other
airway
constricting
30
disease
may
possess
and
use
the
student’s
medication
and
a
31
student
with
a
prescription
on
file
may
use
an
epinephrine
32
auto-injector
while
in
school,
at
school-sponsored
activities,
33
under
the
supervision
of
school
personnel,
and
before
or
after
34
normal
school
activities,
such
as
while
in
before-school
or
35
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after-school
care
on
school-operated
property.
If
the
student
1
misuses
this
privilege,
the
privilege
may
be
withdrawn.
2
8.
Notwithstanding
any
other
provision
of
law
to
the
3
contrary,
a
physician
may
prescribe
pursuant
to
a
standing
4
protocol
epinephrine
auto-injectors
in
the
name
of
the
5
school
district
or
nonpublic
school
to
be
maintained
for
use
6
when
necessary.
A
school
district
or
nonpublic
school
with
7
such
a
prescription
may
maintain
at
a
school
in
a
locked,
8
secure
location
a
supply
of
epinephrine
auto-injectors.
The
9
school
district
or
nonpublic
school
supply
of
epinephrine
10
auto-injectors
may
be
provided
to
and
utilized
by
any
student
11
authorized
to
self-administer
an
epinephrine
auto-injector
by
12
any
personnel
legally
authorized
to
administer
an
epinephrine
13
auto-injector
to
the
student,
if
the
epinephrine
auto-injector
14
meets
the
student’s
prescription
on
file.
When
a
student
does
15
not
have
an
epinephrine
auto-injector
or
a
prescription
for
an
16
epinephrine
auto-injector
on
file,
the
school
nurse
may
utilize
17
the
school
district
or
nonpublic
school
supply
of
epinephrine
18
auto-injectors
to
respond
to
anaphylactic
reaction
under
a
19
standing
protocol
from
a
physician
and
the
requirements
of
this
20
section.
21
6.
9.
Information
provided
to
the
school
under
subsection
2
22
shall
be
kept
on
file
in
the
office
of
the
school
nurse
or,
in
23
the
absence
of
a
school
nurse,
the
school’s
administrator.
24
7.
10.
The
Iowa
braille
and
sight
saving
school,
the
state
25
school
for
the
deaf,
and
the
institutions
under
the
control
of
26
the
department
of
human
services
as
provided
in
section
218.1
27
are
exempt
from
the
provisions
of
this
section
.
28
Sec.
2.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
29
immediate
importance,
takes
effect
upon
enactment.
30
Sec.
3.
APPLICABILITY.
This
Act
shall
apply
to
school
years
31
beginning
on
or
after
July
1,
2012.
32
EXPLANATION
33
This
bill
adds
epinephrine
auto-injectors
to
Code
section
34
280.16,
which
permits
self-administration
of
medication
35
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in
school
by
students
with
asthma.
The
bill
defines
1
“epinephrine
auto-injector”
as
a
medical
device
for
immediate
2
self-administration
of
a
measured
dose
of
epinephrine
by
a
3
person
at
risk
of
anaphylaxis.
4
The
bill
requires
school
districts
and
nonpublic
schools
5
to
allow
the
use
of
an
epinephrine
auto-injector
by
a
student
6
with
a
prescription
on
file
if
the
school
receives
written
7
authorization
and
certain
medical
information
from
the
8
student’s
parent
or
guardian.
9
The
bill
provides
that
a
school
district
or
nonpublic
school
10
may
authorize
the
provision
of
an
epinephrine
auto-injector
11
that
meets
a
student’s
prescription
on
file
to
the
student
12
or
to
any
personnel
legally
authorized
to
administer
an
13
epinephrine
auto-injector
to
the
student.
The
bill
provides
14
that
a
school
district
or
nonpublic
school
may
authorize
a
15
school
nurse
to
provide
an
epinephrine
auto-injector
to
a
16
student
or
any
personnel
legally
authorized
to
administer
17
an
epinephrine
auto-injector
to
the
student;
administer
an
18
epinephrine
auto-injector
to
any
student
for
whom
the
use
of
19
epinephrine
auto-injector
is
legally
authorized;
or
administer
20
an
epinephrine
auto-injector
to
any
student
whom
the
school
21
nurse
reasonably
and
in
good
faith
professionally
believes
is
22
having
an
anaphylactic
reaction.
23
The
bill
adds
epinephrine
auto-injectors
to
the
provisions
24
of
Code
section
280.16
granting
immunity
from
legal
liability
25
to
school
employees,
except
for
gross
negligence,
for
injuries
26
resulting
from
the
self-administration
of
medication.
Code
27
section
280.16
requires
a
student’s
parent
or
guardian
to
28
receive
notice
of
such
immunity.
The
bill
also
grants
immunity
29
from
legal
liability,
except
for
negligence,
to
a
school
nurse
30
who
administers
an
epinephrine
auto-injector
to
a
student
whom
31
the
school
nurse
reasonably
and
in
good
faith
professionally
32
believes
is
having
an
anaphylactic
reaction,
even
if
prior
33
notice
to
the
student’s
parent
or
guardian
has
not
been
given.
34
The
bill
permits
a
student
with
a
prescription
on
file
to
35
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2469
possess
and
use
an
epinephrine
auto-injector
while
in
school,
1
at
school-sponsored
activities,
under
the
supervision
of
school
2
personnel,
and
before
or
after
normal
school
activities,
3
such
as
while
in
before-school
or
after-school
care
on
4
school-operated
property.
5
The
bill
provides
that
a
school
district
or
nonpublic
6
school
may
maintain
at
a
school
in
a
locked,
secure
location
7
a
supply
of
epinephrine
auto-injectors.
The
bill
provides
8
that
a
physician
may
prescribe
epinephrine
auto-injectors
in
9
the
name
of
the
school
district
or
nonpublic
school
to
be
10
maintained
for
use
when
necessary.
The
bill
provides
that
the
11
school’s
supply
of
epinephrine
auto-injectors
may
be
provided
12
to
and
utilized
by
any
student
authorized
to
self-administer
an
13
epinephrine
auto-injector
by
any
personnel
legally
authorized
14
to
administer
an
epinephrine
auto-injector
to
the
student,
if
15
the
epinephrine
auto-injector
meets
the
student’s
prescription
16
on
file.
The
bill
provides
that
when
a
student
does
not
17
have
an
epinephrine
auto-injector
or
a
prescription
for
an
18
epinephrine
auto-injector
on
file,
the
school
nurse
may
utilize
19
the
school
district
or
nonpublic
school
supply
of
epinephrine
20
auto-injectors
to
respond
to
anaphylactic
reaction
under
a
21
standing
protocol
from
a
physician
and
the
requirements
of
the
22
bill.
23
The
bill
takes
effect
upon
enactment
and
applies
to
school
24
years
beginning
on
or
after
July
1,
2012.
25
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