Bill Text: IA HF701 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the self-administration and storage of bronchodilators and bronchodilator canisters and spacers relative to schools and students.(See HF 771.)
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-03-10 - Withdrawn. H.J. 697. [HF701 Detail]
Download: Iowa-2021-HF701-Introduced.html
House
File
701
-
Introduced
HOUSE
FILE
701
BY
GJERDE
and
A.
MEYER
A
BILL
FOR
An
Act
relating
to
the
self-administration
and
storage
of
1
bronchodilators
and
bronchodilator
canisters
and
spacers
2
relative
to
schools
and
students.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
280.16,
Code
2021,
is
amended
to
read
as
1
follows:
2
280.16
Self-administration
of
respiratory
distress,
asthma
,
3
or
other
airway
constricting
disease
medication
,
or
epinephrine
4
auto-injectors
,
or
bronchodilator
canisters
and
spacers
.
5
1.
Definitions.
For
purposes
of
this
section
:
6
a.
“Bronchodilator”
means
a
bronchodilator
as
recommended
by
7
the
department
of
public
health
for
treatment
of
a
student’s
8
respiratory
distress,
asthma,
or
other
airway
constricting
9
disease.
10
b.
“Bronchodilator
canister”
means
a
portable
drug
11
delivery
device
packaged
with
multiple
premeasured
doses
of
a
12
bronchodilator.
13
a.
c.
“Epinephrine
auto-injector”
means
a
device
for
14
immediate
self-administration
or
administration
by
another
15
trained
individual
of
a
measured
dose
of
epinephrine
to
a
16
person
at
risk
of
anaphylaxis.
17
b.
d.
“
Licensed
health
care
professional”
means
a
person
18
licensed
under
chapter
148
to
practice
medicine
and
surgery
or
19
osteopathic
medicine
and
surgery,
an
advanced
registered
nurse
20
practitioner
licensed
under
chapter
152
or
152E
and
registered
21
with
the
board
of
nursing,
or
a
physician
assistant
licensed
to
22
practice
under
the
supervision
of
a
physician
as
authorized
in
23
chapters
147
and
148C
.
24
c.
e.
“Medication”
means
a
drug
that
meets
the
definition
25
provided
in
section
126.2,
subsection
8
,
has
an
individual
26
prescription
label,
is
prescribed
by
a
licensed
health
care
27
professional
for
a
student,
and
pertains
to
the
student’s
28
respiratory
distress,
asthma
,
or
other
airway
constricting
29
disease
,
or
risk
of
anaphylaxis
,
and
includes
but
is
not
30
limited
to
a
bronchodilator
.
31
d.
f.
“Self-administration”
means
a
student’s
discretionary
32
use
of
medication
prescribed
by
a
licensed
health
care
33
professional
for
the
student.
34
g.
“Spacer”
means
a
holding
chamber
that
is
used
to
optimize
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the
delivery
of
a
bronchodilator
to
a
person’s
lungs.
1
2.
The
board
of
directors
of
a
school
district
and
the
2
authorities
in
charge
of
an
accredited
nonpublic
school
3
shall
permit
the
self-administration
of
medication
or
the
use
4
of
a
bronchodilator
canister
and
spacer
by
a
student
with
5
respiratory
distress,
asthma
,
or
other
airway
constricting
6
disease
or
the
use
of
an
epinephrine
auto-injector
by
a
student
7
with
a
risk
of
anaphylaxis
if
the
following
conditions
are
met:
8
a.
The
student’s
parent
or
guardian
provides
to
the
9
school
written
authorization
for
the
self-administration
of
10
medication
,
for
the
use
of
a
bronchodilator
canister
and
11
spacer,
or
for
the
use
of
an
epinephrine
auto-injector.
12
b.
The
student’s
parent
or
guardian
provides
to
the
school
13
a
written
statement
from
the
student’s
licensed
health
care
14
professional
containing
the
following
information:
15
(1)
The
name
and
purpose
of
the
medication
,
bronchodilator
16
canister
and
spacer,
or
epinephrine
auto-injector.
17
(2)
The
prescribed
dosage.
18
(3)
The
times
at
which
or
the
special
circumstances
under
19
which
the
medication
,
bronchodilator
canister
and
spacer,
or
20
epinephrine
auto-injector
is
to
be
administered.
21
c.
The
parent
or
guardian
and
the
school
meet
the
22
requirements
of
subsection
3
.
23
3.
The
school
district
or
accredited
nonpublic
school
24
shall
notify
the
parent
or
guardian
of
the
student,
in
25
writing,
that
the
school
district
or
accredited
nonpublic
26
school
and
its
employees
are
to
incur
no
liability,
except
27
for
gross
negligence,
as
a
result
of
any
injury
arising
from
28
self-administration
of
medication
,
use
of
a
bronchodilator
29
canister
and
spacer,
or
use
of
an
epinephrine
auto-injector
30
by
the
student.
The
parent
or
guardian
of
the
student
shall
31
sign
a
statement
acknowledging
that
the
school
district
or
32
nonpublic
school
is
to
incur
no
liability,
except
for
gross
33
negligence,
as
a
result
of
self-administration
of
medication
,
34
use
of
a
bronchodilator
canister
and
spacer,
or
use
of
an
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epinephrine
auto-injector
by
the
student.
A
school
district
or
1
accredited
nonpublic
school
and
its
employees
acting
reasonably
2
and
in
good
faith
shall
incur
no
liability
for
any
improper
3
use
of
medication
,
a
bronchodilator
canister
and
spacer,
or
4
an
epinephrine
auto-injector
as
defined
in
this
section
or
5
for
supervising,
monitoring,
or
interfering
with
a
student’s
6
self-administration
of
medication
,
use
of
a
bronchodilator
7
canister
and
spacer,
or
use
of
an
epinephrine
auto-injector
as
8
defined
in
this
section
.
9
4.
The
permission
for
self-administration
of
medication
,
10
or
for
the
use
of
a
bronchodilator
canister
and
spacer,
or
for
11
the
use
of
an
epinephrine
auto-injector
is
effective
for
the
12
school
year
for
which
it
is
granted
and
shall
be
renewed
each
13
subsequent
school
year
upon
fulfillment
of
the
requirements
14
of
this
section
.
However,
the
parent
or
guardian
shall
15
immediately
notify
the
school
of
any
changes
in
the
conditions
16
listed
under
subsection
2
.
17
5.
Provided
that
the
requirements
of
this
section
are
18
fulfilled,
a
student
with
respiratory
distress,
asthma
,
or
19
other
airway
constricting
disease
may
possess
and
use
the
20
student’s
medication
and
a
student
with
a
written
statement
21
from
a
licensed
health
care
professional
on
file
pursuant
22
to
subsection
2
,
paragraph
“a”
,
may
use
a
bronchodilator
23
canister
and
spacer
or
an
epinephrine
auto-injector
while
in
24
school,
at
school-sponsored
activities,
under
the
supervision
25
of
school
personnel,
and
before
or
after
normal
school
26
activities,
such
as
while
in
before-school
or
after-school
27
care
on
school-operated
property.
If
the
student
misuses
this
28
privilege,
the
privilege
may
be
withdrawn.
A
school
district
29
or
nonpublic
school
shall
notify
a
student’s
parent
or
guardian
30
before
withdrawing
the
privilege
to
use
a
bronchodilator
31
canister
and
spacer
or
an
epinephrine
auto-injector.
32
6.
Information
provided
to
the
school
under
subsection
2
33
shall
be
kept
on
file
in
the
office
of
the
school
nurse
or,
in
34
the
absence
of
a
school
nurse,
the
school’s
administrator.
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7.
The
Iowa
braille
and
sight
saving
school,
the
Iowa
school
1
for
the
deaf,
and
the
institutions
under
the
control
of
the
2
department
of
human
services
as
provided
in
section
218.1
are
3
exempt
from
the
provisions
of
this
section
.
4
Sec.
2.
Section
280.16A,
Code
2021,
is
amended
to
read
as
5
follows:
6
280.16A
Epinephrine
auto-injector
or
bronchodilator
canister
7
and
spacer
supply.
8
1.
For
purposes
of
this
section
,
unless
the
context
9
otherwise
requires:
10
a.
“Bronchodilator”
means
the
same
as
defined
in
section
11
280.16.
12
b.
“Bronchodilator
canister”
means
the
same
as
defined
in
13
section
280.16.
14
a.
c.
“Epinephrine
auto-injector”
means
the
same
as
15
provided
in
section
280.16
.
16
b.
d.
“Licensed
health
care
professional”
means
the
same
as
17
provided
in
section
280.16
.
18
c.
e.
“Personnel
authorized
to
administer
epinephrine
or
19
a
bronchodilator
”
means
a
school
nurse
or
other
employee
of
20
a
school
district
or
accredited
nonpublic
school
trained
and
21
authorized
to
administer
an
epinephrine
auto-injector
or
a
22
broncholdilator
canister
and
spacer
.
23
f.
“School
nurse”
means
a
person
who
holds
an
endorsement
24
or
a
statement
of
professional
recognition
for
school
nurses
25
issued
by
the
board
of
educational
examiners
under
chapter
272.
26
g.
“Spacer”
means
the
same
as
defined
in
section
280.16.
27
2.
Notwithstanding
any
other
provision
of
law
to
the
28
contrary,
a
licensed
health
care
professional
may
prescribe
29
epinephrine
auto-injectors
and
bronchodilator
canisters
30
and
spacers
in
the
name
of
a
school
district
or
accredited
31
nonpublic
school
to
be
maintained
for
use
as
provided
in
this
32
section
.
33
3.
The
board
of
directors
in
charge
of
each
school
district
34
and
the
authorities
in
charge
of
each
accredited
nonpublic
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701
school
may
obtain
a
prescription
for
epinephrine
auto-injectors
1
and
bronchodilator
canisters
and
spacers
and
maintain
a
supply
2
of
such
epinephrine
auto-injectors
and
bronchodilator
canisters
3
and
spacers
in
a
secure
location
at
each
school
for
use
as
4
provided
in
this
section
.
The
board
and
the
authorities
shall
5
replace
epinephrine
auto-injectors
and
bronchodilator
canisters
6
and
spacers
in
the
supply
upon
use
or
expiration.
Personnel
7
authorized
to
administer
epinephrine
or
a
bronchodilator
8
may
possess
and
administer
epinephrine
auto-injectors
or
9
bronchodilator
canisters
and
spacers,
as
applicable,
from
the
10
supply
as
provided
in
this
section
.
11
4.
Personnel
authorized
to
administer
epinephrine
or
12
a
bronchodilator
may
provide
or
administer
an
epinephrine
13
auto-injector
or
a
bronchodilator
canister
and
spacer,
14
as
applicable,
from
the
school’s
supply
to
a
student
or
15
other
individual
if
such
personnel
reasonably
and
in
good
16
faith
believe
the
student
or
other
individual
is
having
an
17
anaphylactic
reaction
or
requires
treatment
for
respiratory
18
distress,
asthma,
or
other
airway
constricting
disease
.
19
5.
The
following
persons,
provided
they
have
acted
20
reasonably
and
in
good
faith,
shall
not
be
liable
for
21
any
injury
arising
from
the
provision,
administration,
22
or
assistance
in
the
administration
of
an
epinephrine
23
auto-injector
or
a
bronchodilator
canister
and
spacer
as
24
provided
in
this
section
:
25
a.
Any
personnel
authorized
to
administer
epinephrine
or
26
a
bronchodilator
who
,
as
applicable,
provide,
administer,
or
27
assist
in
the
administration
of
an
epinephrine
auto-injector
to
28
a
student
or
other
individual
present
at
the
school
who
such
29
personnel
believe
to
be
having
an
anaphylactic
reaction
or
in
30
the
administration
of
a
bronchodilator
canister
and
spacer
31
to
a
student
or
other
individual
present
at
the
school
who
32
such
personnel
believe
to
require
treatment
for
respiratory
33
distress,
asthma,
or
other
airway
constricting
disease
.
34
b.
A
school
district
or
accredited
nonpublic
school
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employing
the
personnel.
1
c.
The
board
of
directors
in
charge
of
the
school
district
2
or
authorities
in
charge
of
the
accredited
nonpublic
school.
3
d.
The
prescriber
of
the
epinephrine
auto-injector
or
4
bronchodilator
canister
and
spacer
.
5
6.
The
department
of
education,
the
board
of
medicine,
6
the
board
of
nursing,
and
the
board
of
pharmacy
shall,
in
7
consultation
with
an
organization
representing
school
nurses,
8
adopt
rules
pursuant
to
chapter
17A
to
implement
and
administer
9
this
section
,
including
but
not
limited
to
standards
and
10
procedures
for
the
prescription,
distribution,
storage,
11
replacement,
and
administration
of
epinephrine
auto-injectors
12
and
bronchodilator
canisters
and
spacers
,
and
for
training
13
and
authorization
to
be
required
for
personnel
authorized
to
14
administer
epinephrine
or
a
bronchodilator
.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
the
self-administration,
storage,
and
19
supply
of
bronchodilators
and
bronchodilator
canisters
and
20
spacers
relative
to
schools
and
students.
21
Current
law
provides
for
the
self-administration
by
students
22
of
asthma
or
other
airway
constricting
disease
medication
or
23
epinephrine
auto-injectors.
The
bill
adds
a
bronchodilator
24
specifically
to
the
definition
of
“medication”,
adds
25
respiratory
distress
as
a
condition
that
may
be
treated
by
the
26
medication,
and
adds
bronchodilator
canisters
and
spacers
to
27
the
list
of
devices
that
may
be
self-administered
by
students
28
and
stored
relative
to
students
and
schools.
The
bill
includes
29
definitions
of
“bronchodilator”,
“bronchodilator
canister”,
and
30
“spacer”.
31
The
bill
requires
that
the
same
conditions
be
met
for
the
32
board
of
directors
of
a
school
district
and
the
authorities
33
in
charge
of
an
accredited
nonpublic
school
to
permit
the
34
self-administration
of
medication
or
the
use
of
bronchodilator
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canisters
and
spacers
by
a
student
as
are
currently
required
1
for
the
self-administration
of
medication
or
the
use
of
2
an
epinephrine
auto-injector
by
a
student.
The
bill
also
3
applies
to
a
bronchodilator
and
bronchodilator
canisters
and
4
spacers
the
same
requirements
for
self-administration
and
5
use
of
medication
or
epinephrine
auto-injectors
relating
to
6
permissions,
the
requirements
for
the
provision
of
written
7
statements
from
licensed
health
care
professionals,
and
the
8
maintaining
of
information
provided
to
the
school.
9
The
bill
expands
provisions
authorizing
a
licensed
health
10
care
professional
to
prescribe
epinephrine
auto-injectors
11
in
the
name
of
a
school
district
or
accredited
nonpublic
12
school
to
be
maintained
for
use
at
a
school
to
also
include
13
bronchodilator
canisters
and
spacers.
The
bill
also
14
expands
current
provisions
allowing
personnel
authorized
to
15
administer
epinephrine
to
provide
or
administer
an
epinephrine
16
auto-injector
from
the
school’s
supply
to
allow
personnel
17
authorized
to
administer
a
bronchodilator
to
provide
or
18
administer
a
bronchodilator
canister
and
spacer
from
the
19
school’s
supply,
and
provides
liability
protection
for
persons
20
who
act
reasonably
and
in
good
faith.
The
bill
expands
the
21
requirement
that
the
department
of
education,
the
board
of
22
medicine,
the
board
of
nursing,
and
the
board
of
pharmacy,
23
in
consultation
with
an
organization
representing
school
24
nurses,
adopt
rules
pursuant
to
Code
chapter
17A
to
implement
25
and
administer
the
bill
relative
to
bronchodilators
and
26
bronchodilator
canisters
and
spacers.
27
-7-
LSB
1332YH
(9)
89
pf/rh
7/
7
