Bill Text: OR SB611 | 2013 | Regular Session | Enrolled


Bill Title: Relating to severe allergies; and declaring an emergency.

Spectrum: Partisan Bill (? 1-0)

Status: (Passed) 2013-07-02 - Effective date, July 1, 2013. [SB611 Detail]

Download: Oregon-2013-SB611-Enrolled.html


     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         Senate Bill 611

Sponsored by COMMITTEE ON HEALTH CARE AND HUMAN SERVICES

                     CHAPTER ................

                             AN ACT

Relating to severe allergies; creating new provisions; amending
  ORS 339.867, 339.869, 339.871, 433.810, 433.820, 433.825 and
  433.830; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 339.867 is amended to read:
  339.867. As used in ORS 339.869 and 339.870, 'medication '
means   { - noninjectable - }  medication { +  that is not
injected, except for premeasured doses of epinephrine that are
injected + }.
  SECTION 2. ORS 339.869 is amended to read:
  339.869. (1) The State Board of Education, in consultation with
the Oregon Health Authority, the Oregon State Board of Nursing
and the State Board of Pharmacy, shall adopt { + :
  (a) + } Rules for the administration of prescription and
nonprescription medication to students by trained school
personnel and for student self-medication. The rules shall
include age appropriate guidelines and training requirements for
school personnel.
   { +  (b) Rules for the administration of premeasured doses of
epinephrine by school personnel trained as provided by ORS
433.815 to any student or other individual on school premises who
the personnel believe in good faith is experiencing a severe
allergic reaction, regardless of whether the student or
individual has a prescription for epinephrine.
  (c) Guidelines for the management of students with
life-threatening food allergies, which must include:
  (A) Standards for the education and training of school
personnel to manage students with life-threatening allergies.
  (B) Procedures for responding to life-threatening allergic
reactions.
  (C) A process for the development of individualized health care
and allergy plans for every student with a known life-threatening
allergy.
  (D) Protocols for preventing exposures to allergens. + }
  (2) { + (a) + } School district boards shall adopt policies and
procedures that provide for { + :
  (A) + } The administration of prescription and nonprescription
medication to students by trained school personnel   { - and
for - }  { + ;
  (B)  + }Student self-medication  { - . - }  { + ; and
  (C) The administration of premeasured doses of epinephrine to
students and other individuals.

Enrolled Senate Bill 611 (SB 611-B)                        Page 1

  (b) + }   { - Such - }  Policies and procedures  { + adopted
under paragraph (a) of this subsection + } shall be consistent
with the rules adopted by the State Board of Education under
subsection (1) of this section. A school district board shall not
require school personnel who have not received appropriate
training to administer medication.
  SECTION 3.  { + Section 4 of this 2013 Act is added to and made
a part of ORS 433.800 to 433.830. + }
  SECTION 4.  { + Educational training on the treatment of
allergic responses, as required by ORS 433.800 to 433.830, may be
conducted by a public health authority or organization or by a
person who has successfully completed educational training as
described in ORS 433.815. The training curricula under this
section must include the following subjects:
  (1) Recognition of the symptoms of systemic allergic responses
to insect stings and other allergens;
  (2) Familiarity with common factors that are likely to elicit
systemic allergic responses;
  (3) Proper administration of an intramuscular or subcutaneous
injection of epinephrine for severe allergic responses to insect
stings and other specific allergens; and
  (4) Necessary follow-up treatment. + }
  SECTION 5. ORS 433.810 is amended to read:
  433.810. The Oregon Health Authority shall:
  (1) Adopt rules necessary for the administration of ORS 433.800
to 433.830 { + , + } including defining circumstances under which
 { +  ORS + } 433.800 to 433.815 and 433.825  { + and section 4
of this 2013 Act + } shall apply. The authority shall include
input from the educational system, health care provider
organizations and other interested parties when adopting rules or
amending those rules.
  (2) Develop or approve protocols for educational training as
described in ORS 433.815  { + and section 4 of this 2013 Act + },
including the use of mechanisms for periodic retraining of
individuals, and provide the protocols for educational training
upon request to schools, health care professionals, parents or
guardians of students or other interested parties.
  SECTION 6. ORS 433.820 is amended to read:
  433.820. A person eligible to receive the training described in
ORS 433.815  { + and section 4 of this 2013 Act + } must meet the
following requirements:
  (1) Be 18 years of age or older; and
  (2) Have, or reasonably expect to have, responsibility for or
contact with at least one other person as a result of the
eligible person's occupational or volunteer status, such as camp
counselors, scout leaders, school personnel, forest rangers, tour
guides or chaperones.
  SECTION 7. ORS 433.825 is amended to read:
  433.825. (1) { + (a) + } A person who has successfully
completed educational training described in ORS 433.815 for
severe allergic responses may receive from any health care
professional with appropriate prescriptive privileges licensed
under ORS chapter 677 or 678 in this state a prescription for
premeasured doses of epinephrine and the necessary paraphernalia
for administration.
   { +  (b) An entity that employs a person described in
paragraph (a) of this subsection may acquire premeasured doses of
epinephrine and the necessary paraphernalia for administration in
accordance with paragraph (c) of this subsection. A health care
practitioner with appropriate prescriptive privileges licensed

Enrolled Senate Bill 611 (SB 611-B)                        Page 2

under ORS chapter 677 or 678 may write a prescription for
premeasured doses of epinephrine and the necessary paraphernalia
in the name of an entity that employs a person described in
paragraph (a) of this subsection.
  (c)  + }  { - The - }   { + A + } person  { + described in
paragraph (a) of this subsection + } may possess and
administer { + , + } in an emergency situation when a licensed
health care professional is not immediately available { + , + }
 { - such - }  prescribed epinephrine to any person suffering a
severe allergic response.
  (2) A person who has successfully completed educational
training in the administration of glucagon as described in ORS
433.815 for hypoglycemia may receive from the parent or guardian
of a student doses of glucagon prescribed by a health care
professional with appropriate prescriptive privileges licensed
under ORS chapter 677 or 678 in this state, as well as the
necessary paraphernalia for administration. The person may
possess and administer glucagon to the student for whom the
glucagon is prescribed, if the student is suffering a severe
hypoglycemic reaction in an emergency situation when a licensed
health care professional is not immediately available and other
treatment has failed or cannot be initiated.
  SECTION 8. ORS 433.830 is amended to read:
  433.830. (1) No cause of action shall arise against a person
who has successfully completed an educational training program
described in ORS 433.815  { + or section 4 of this 2013 Act + }
for any act or omission of the person when acting in good faith
while rendering emergency treatment pursuant to the authority
granted by ORS 433.800 to 433.830, except where such conduct can
be described as wanton misconduct.
  (2) No cause of action shall arise against an institution,
facility, agency or organization when acting in good faith to
allow for the rendering of emergency treatment pursuant to the
authority granted by ORS 433.800 to 433.830, except where such
conduct can be described as wanton misconduct.
  SECTION 9. If House Bill 2749 becomes law, ORS 339.871, as
amended by section 2, chapter ___, Oregon Laws 2013 (Enrolled
House Bill 2749), is amended to read:
  339.871. (1) A school administrator, school nurse, teacher or
other school employee designated by the school administrator is
not liable in a criminal action or for civil damages as a result
of a student's   { - use - }   { + self-administration + } of
medication, as described in ORS 339.866, if the school
administrator, school nurse, teacher or other school employee, in
compliance with the instructions of the student's Oregon licensed
health care professional, in good faith  { - : - }
    { - (a) - }  assists the student's self-administration of the
medication, if the medication is available to the student
pursuant to written permission and instructions of the student's
parent, guardian or Oregon licensed health care
professional { + . + }   { - ; or - }
    { - (b) - }   { + (2) A school administrator, school nurse,
teacher or other school employee designated by the school
administrator is not liable in a criminal action or for civil
damages as a result of the use of medication if the school
administrator, school nurse, teacher or other school employee in
good faith + } administers autoinjectable epinephrine to a
student  { + or other individual + } with a severe allergy who is
unable to self-administer the medication  { - , if the
autoinjectable epinephrine is available for the student pursuant

Enrolled Senate Bill 611 (SB 611-B)                        Page 3

to written permission and instructions of the student's parent,
guardian or Oregon licensed health care professional - }  { + ,
regardless of whether the student or individual has a
prescription for epinephrine + }.
    { - (2) - }   { + (3) + } A school district and the members
of a school district board are not liable in a criminal action or
for civil damages as a result of   { - a student's - }
 { + the + } use of medication  { - , as described in ORS
339.866, - }  if:
  (a) Any person in good faith administers autoinjectable
epinephrine to a student  { + or other individual + } with a
severe allergy who is unable to self-administer the medication
 { - ; - }  { + , regardless of whether the student or individual
has a prescription for epinephrine; and + }
  (b) The person administered the autoinjectable epinephrine
 { + on school premises, including + } at a school, on school
property under the jurisdiction of the district or at an activity
under the jurisdiction of the school district { + . + }   { - ;
and - }
    { - (c) The autoinjectable epinephrine is available for the
student pursuant to written permission and instructions of the
student's parent, guardian or Oregon licensed health care
professional. - }
    { - (3) - }   { + (4) + } The civil and criminal immunities
imposed by this section do not apply to an act or omission
amounting to gross negligence or willful and wanton misconduct.
  SECTION 10.  { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect
July 1, 2013. + }
                         ----------

Passed by Senate March 26, 2013

Repassed by Senate June 12, 2013

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House June 10, 2013

    .............................................................
                                     Tina Kotek, Speaker of House

Enrolled Senate Bill 611 (SB 611-B)                        Page 4

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2013

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled Senate Bill 611 (SB 611-B)                        Page 5
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