LEGISLATION
Epinephrine Legislation Sorted By State
Each local board of education and the governing body of each nonpublic school in the state shall permit the self-administration of medications by a student for chronic conditions if conducted in compliance with the State Department of Education and State Board of Nursing Medication Curriculum, as may be amended from time to time by the department and board. Approved medications may be self-administered if the parent or legal guardian of the student provides all of the information outlined in the medication curriculum.
A public school shall permit the self-administration of medication by a pupil for asthma or anaphylaxis if, during the current school year, the pupil's parent or guardian provides the school [documents available at the link]. A pupil who is permitted to self-administer medication under this section shall be permitted to carry and to store with the school nurse or other designated school official an inhaler or autoinjectable epinephrine, or both, at all times.
AN EMPLOYEE OF A SCHOOL DISTRICT OR CHARTER SCHOOL WHO IS TRAINED IN THE ADMINISTRATION OF AUTO-INJECTABLE EPINEPHRINE MAY ADMINISTER OR ASSIST IN THE ADMINISTRATION OF AUTO-INJECTABLE EPINEPHRINE TO A PUPIL OR AN ADULT WHOM THE EMPLOYEE BELIEVES IN GOOD FAITH TO BE EXHIBITING SYMPTOMS OF ANAPHYLACTIC SHOCK WHILE AT SCHOOL OR AT SCHOOL-SPONSORED ACTIVITIES.
IF SUFFICIENT MONIES ARE APPROPRIATED BY THE LEGISLATURE EACH YEAR TO PROVIDE FOR THE PURCHASE OF TWO JUVENILE DOSES AND TWO ADULT DOSES OF AUTO-INJECTIBLE EPINEPHRINE AT EACH PUBLIC SCHOOL IN THIS STATE, BEGINNING IN THE 2014-2015 SCHOOL YEAR, EACH SCHOOL DISTRICT AND CHARTER SCHOOL SHALL STOCK TWO JUVENILE DOSES AND TWO ADULT DOSES OF AUTO-INJECTABLE EPINEPHRINE AT EACH SCHOOL PURSUANT TO A STANDING ORDER ISSUED BY THE CHIEF MEDICAL OFFICER OF THE DEPARTMENT OF HEALTH SERVICES, THE CHIEF MEDICAL OFFICER OF A COUNTY HEALTH DEPARTMENT, A DOCTOR OF MEDICINE LICENSED PURSUANT TO TITLE 32, CHAPTER 13 OR A DOCTOR OF OSTEOPATHY LICENSED PURSUANT TO TITLE 32, CHAPTER 17.
EACH FISCAL YEAR THE DEPARTMENT OF EDUCATION SHALL INCLUDE IN ITS BUDGET REQUEST FOR ASSISTANCE TO SCHOOLS A SEPARATE LINE ITEM FOR A CONTINUOUS, NONLAPSING APPROPRIATION TO FUND THE REQUIREMENTS OF THIS SECTION.
"A school nurse that receives a supply of epinephrine auto- injectors under § 20-13-405 for use at a public school shall maintain the supply of epinephrine auto-injectors at the school in a locked, secure location."
Each public and private elementary and secondary school in the state may voluntarily determine whether or not to make emergency epinephrine auto-injectors and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to epinephrine auto-injectors and trained personnel. Any school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for the purposes of this subdivision.
"(b) A GOVERNING AUTHORITY OF A SCHOOL MAY ADOPT AND IMPLEMENT A POLICY WHEREBY SCHOOLS UNDER ITS JURISDICTION MAY ACQUIRE AND MAINTAIN A STOCK SUPPLY OF EPINEPHRINE AUTO-INJECTORS. PAGE 2-HOUSE BILL 13-1171(c) A GOVERNING AUTHORITY OF A SCHOOL MAY ADOPT A POLICY FOR SCHOOLS WITHIN ITS JURISDICTION TO AUTHORIZE THE SCHOOL NURSE OR OTHER DESIGNATED SCHOOL PERSONNEL TO ADMINISTER AN EPINEPHRINE AUTO-INJECTOR TO ANY STUDENT THAT THE SCHOOL NURSE OR DESIGNATED SCHOOL PERSONNEL IN GOOD FAITH BELIEVES IS EXPERIENCING ANAPHYLAXIS, IN ACCORDANCE WITH STANDING ORDERS AND PROTOCOLS FROM A LICENSED PHYSICIAN, PHYSICIAN ASSISTANT, OR ADVANCE PRACTICE NURSE WITH PRESCRIPTIVE AUTHORITY, REGARDLESS OF WHETHER THE STUDENT HAS A PRESCRIPTION FOR AN EPINEPHRINE AUTO-INJECTOR. (d) A GOVERNING AUTHORITY OF A SCHOOL MAY ENTER INTO ARRANGEMENTS WITH MANUFACTURERS OF EPINEPHRINE AUTO-INJECTORS OR THIRD-PARTY SUPPLIERS OF EPINEPHRINE AUTO-INJECTORS TO OBTAIN EPINEPHRINE AUTO-INJECTORS AT FAIR-MARKET OR REDUCED PRICES OR FOR FREE."
The State shall require that each public elementary school and secondary school in the State— (I) permit authorized personnel to administer epinephrine to any student believed in good faith to be having an anaphylactic reaction; and (II) maintain in a secure and easily accessible location a supply of epinephrine that— (aa) is prescribed under a standing protocol from a licensed physician; and (bb) is accessible to authorized personnel for administration to a student having an anaphylactic reaction.
Notwithstanding any of the foregoing to the contrary, all policies adopted by public school districts or charter schools relating to the possession or use of drugs shall permit a student's discretionary use and possession of an asthmatic quick relief inhaler ("Inhaler") or autoinjectable epinephrine with individual prescription label; provided, nevertheless, that the student uses the inhaler or autoinjectable epinephrine pursuant to prescription or written direction from a state licensed health care practitioner; a copy of which shall be provided to the school district or charter school; and further provided that the parent(s) or legal custodian(s) of such student provide the school district or charter school with written authorization for the student to possess and use the inhaler or autoinjectable epinephrine at such student's discretion, together with a form of release satisfactory to the school district or charter school releasing the school district or charter school and its employees from any and all liability resulting or arising from the student's discretionary use and possession of the inhaler or autoinjectable epinephrine and further provided that the school nurse may impose reasonable limitations or restrictions upon the student's use and possession of the inhaler or autoinjectable epinephrine based upon the student's age, level of maturity, behavior, or other relevant considerations.
Controlled medications must be stored on the person assisting or in a secure location under double lock. Maintaining doses for greater than one day is not permitted except in the case of an overnight activity.
A public school may purchase from a wholesale 98 distributor as defined in s. 499.003 and maintain in a locked, secure location on its premises a supply of epinephrine auto-100 injectors for use if a student is having an anaphylactic 101 reaction.
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.
Code Section 43-34-103.
A public or private school in this state may acquire and stock a supply of auto-injectable epinephrine pursuant to a prescription issued in accordance with Code
Section 26-4-116.1. A public or private school may designate an employee or agent trained in the possession and administration of auto-injectable epinephrine to be responsible for the storage, maintenance, and distribution of the auto-injectable epinephrine stocked by the school.
The department shall permit: (1) The self-administration of medication by a student for asthma, anaphylaxis, or other potentially life threatening illnesses; and (2) Department employees and agents to volunteer to administer glucagon in an emergency situation to students with diabetes.
The student's parent or guardian shall provide the department with: (1) Written authorization for the self-administration of medication or the emergency administration of glucagon; (2) In the case of self administration of medication, written certification from the student's physician or physician assistant stating that the student: (A) Has asthma, anaphylaxis, or another potentially life-threatening illness; and (B) Is capable of, and has been instructed in, the proper method of self-administration of medication.
A student who is permitted to self-administer medication pursuant to this section shall be permitted to possess and use a prescribed inhaler or epinephrine auto-injector at all times.
The school district or nonpublic school may maintain at a school in a locked, secure location a supply of epinephrine auto-injectors. A physician may prescribe epinephrine auto-injectors in the name of the school district or nonpublic school to be maintained for use when necessary. The school district or nonpublic school supply of epinephrine auto-injectors may be provided to and utilized by any student authorized to self-administer that meets the prescription on file or by any personnel authorized under a student's Individual Health Care Action Plan, Illinois Food Allergy Emergency Action Plan and Treatment Authorization Form, or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 to administer an epinephrine auto-injector to the student, that meets the prescription on file. When a student does not have an epinephrine auto-injector or a prescription for an epinephrine auto-injector on file, the school nurse may utilize the school district or nonpublic school supply of epinephrine auto-injectors to respond to anaphylactic (sic) reaction, under a standing protocol from a physician licensed to practice medicine in all its branches and the requirements of this Section.
For chronic conditions (such as asthma), the parent/legal guardian written consent must be renewed monthly. An individual care plan must be provided that lists symptoms or conditions under which the medication will be given. For medications taken at home, we ask for a three-day supply to be kept with our disaster kit in case there is a situation in which children are not able to return home for an extended time.
Medication authorization and documentation is considered confidential and must be stored out of general view.
Medication will be stored as follows:
• Inaccessible to children, locked
• Separate from staff or household medication
• Protected from sources of contamination
• Away from heat, light and sources of moisture (not in the kitchen or bathroom)
• At temperature specified on the label (refrigerated if required)
• So that internal (oral) and external (topical) medications are separated
• Separate from food
• In a sanitary and orderly manner
Each agency shall establish medication administration policy and procedures … A written medication administration record shall be on file at the school and shall include: (1) Date., (2) Individual’s name. (3) Prescriber or person authorizing administration. (4) Medication. (5) Medication dosage. (6) Administration time. (7) Administration method. (8) Signature and title of the person administering medication. (9) Any unusual circumstances, actions or omissions.
Medication shall be stored in a secured area unless an alternate provision is documented.
Sec. 2. Any accredited school may maintain an epinephrine kit. An epinephrine kit may consist of one or more doses of epinephrine. Epinephrine from an epinephrine kit shall be used only in emergency situations when the person administering the epinephrine reasonably believes that the signs and symptoms of an anaphylactic reaction are occurring and if administered at school, on school property or at a school-sponsored event. A school may not maintain an epinephrine kit unless the school has consulted with a pharmacist licensed by the state board of pharmacy. The consultant pharmacist shall have supervisory responsibility for maintaining the epinephrine kit. The consultant pharmacist shall be responsible for developing procedures, proper control and accountability for the epinephrine kit. Periodic physical inventory of the epinephrine kit shall be required. An epinephrine kit shall be maintained under the control of the consultant pharmacist.
Each school is encouraged to keep an epinephrine auto-injector in a minimum of two (2) locations in the school, including but not limited to the school office and the school cafeteria, so that epinephrine may be administered to any student believed to be having a life-threatening allergic or anaphylactic reaction. Schools electing to keep epinephrine auto-injectors shall maintain them in a secure, accessible, but unlocked location. The provisions of this paragraph shall apply to the extent that the epinephrine auto-injectors are donated to a school or a school has sufficient funding to purchase the epinephrine auto-injectors.
Notwithstanding any provision of law or any rule, regulation, or policy to the contrary, the governing authority of each public elementary and secondary school shall adopt a policy authorizing a school nurse or trained school employee to administer auto-injectable epinephrine, as defined in Subparagraph (J)(4)(a) of this Section, to a student who the school nurse or trained school employee, in good faith, professionally believes is having an anaphylactic reaction, whether or not such student has a prescription for epinephrine. At least one employee at each school shall receive training from a registered nurse or a licensed medical physician in the administration of auto-injectable epinephrine. The school nurse or trained employee may administer the auto-injectable epinephrine to respond to a student's anaphylactic reaction, under a standing protocol from a physician licensed to practice medicine in the state.
(2) Each public elementary and secondary school may maintain a supply of auto-injectable epinephrine at the school in a locked, secure, and easily accessible location. A licensed physician may prescribe epinephrine auto-injectors in the name of the school system or the individual school to be maintained for use when deemed necessary pursuant to the provisions of this Subsection.
A public school or a private school approved pursuant to section 2902 must have a written local policy authorizing students to possess and self-administer emergency medication from an asthma inhaler or an epinephrine pen. The written local policy must include the following requirements.
(1) A student who self-administers an asthma inhaler or an epinephrine pen must have the prior written approval of the student's primary health care provider and, if the student is a minor, the prior written approval of the student's parent or guardian.
(2) The student's parent or guardian must submit written verification to the school from the student's primary health care provider confirming that the student has the knowledge and the skills to safely possess and use an asthma inhaler or an epinephrine pen in school.
(3) The school nurse shall evaluate the student's technique to ensure proper and effective use of an asthma inhaler or an epinephrine pen in school.
A PROVISION AUTHORIZING A SCHOOL NURSE TO OBTAIN AND STORE AT A PUBLIC SCHOOL AUTO–INJECTABLE EPINEPHRINE TO BE USED IN AN EMERGENCY SITUATION.
Notwithstanding any general or special law or regulation to the contrary, each school shall maintain a stock supply of non-patient specific epinephrine to be administered in the event of an anaphylactic emergency.
The department of public health shall promulgate regulations requiring
school districts to adopt and implement policies pursuant to this section. Such regulations shall require that stock epinephrine be stored in an easily accessible unlocked location, the number and type of epinephrine auto-injectors required be based on school population, that the individuals authorized to administer epinephrine meet certain training requirements for such administration, and that the stock inventory be checked at regular intervals for expiration and replacement.
As part of its general powers, a school district may request a pupil's parent or legal guardian to provide an extra inhaler or epinephrine auto-injector to designated school personnel for use in case of emergency. A parent or legal guardian is not required to provide an extra inhaler or epinephrine auto-injector to school personnel.
Districts and schools may obtain and possess epinephrine auto-injectors to be maintained and administered according to this section. A district or school may maintain a stock supply of epinephrine auto-injectors.
A district or school may authorize school nurses and other designated school personnel trained under this section to administer an epinephrine auto-injector to any student or other individual … regardless of whether the student or other individual has a prescription for an epinephrine auto-injector if: (1) the school nurse or designated person believes in good faith that an individual is experiencing anaphylaxis; and (2) the person experiencing anaphylaxis is on school premises or off school premises at a school-sponsored event. The administration of an epinephrine auto-injector in accordance with this section is not the practice of medicine.
A student with asthma and/or anaphylaxis is entitled to possess and self-administer prescription asthma and/or anaphylaxis medication while on school property, on school provided transportation, or at a school-related event or activity if:
(a) The prescription asthma and/or anaphylaxis medication has been prescribed for that student as indicated by the prescription label on the medication; (b) The self-administration is done in compliance with the prescription or written instructions from the student's physician or other licensed health care provider; and (c) A parent of the student provides to the school [written authorizations as described at the provided link].
167.630. 1. Each school board may authorize a school nurse licensed under chapter 335 who is employed by the school district and for whom the board is responsible for to maintain an adequate supply of prefilled auto syringes of epinephrine with fifteen-hundredths milligram or three-tenths milligram delivery at the school. The nurse shall recommend to the school board the number of prefilled epinephrine auto syringes that the school should maintain.
2. To obtain prefilled epinephrine auto syringes for a school district, a prescription written by a licensed physician, a physician's assistant, or nurse practitioner is required. For such prescriptions, the school district shall be designated as the patient, the nurse's name shall be required, and the prescription shall be filled at a licensed pharmacy.
3. A school nurse or other school employee trained by and supervised by the nurse shall have the discretion to use an epinephrine auto syringe on any student the school nurse or trained employee believes is having a life-threatening anaphylactic reaction based on the training in recognizing an acute episode of an anaphylactic reaction. The provisions of section 167.624 concerning immunity from civil liability for trained employees administering lifesaving methods shall apply to trained employees administering a prefilled auto syringe under this section.
If provided by the parent or guardian and in accordance with documents provided by the pupil's physician, physician assistant, or advanced practice registered nurse, backup medication must be kept at a pupil's school in a predetermined location or ocations to which the pupil has access in the event of an asthma or anaphylaxis emergency.
Upon receipt of a written request and authorization under subsection (1) of this section, the school and the parent or guardian, in consultation with the student's physician, shall develop an asthma or anaphylaxis medical management plan for the student for the current school year. Such plan shall (a) identify the health care services the student may receive at school relating to such condition, (b) evaluate the student's understanding of and ability to self-manage his or her asthma or anaphylaxis condition, (c) permit regular monitoring of the student's self-management of his or her asthma or anaphylaxis condition by an appropriately credentialed health care professional, (d) include the name, purpose, and dosage of the prescription asthma or anaphylaxis medication prescribed for such student, (e) include procedures for storage and access to backup supplies of such prescription asthma or anaphylaxis medication, and (f) be signed by the student's parent or guardian and the physician responsible for treatment of the student's asthma or anaphylaxis condition.
Sec. 8. 1. Each public school shall ensure that auto injectable epinephrine maintained at the school is stored in a designated, secure location that is unlocked and easily accessible.
A private school shall ensure that auto-injectable epinephrine maintained at the school is stored in a designated, secure location that is unlocked and easily accessible.
A physician may issue to a public or private school an order to allow the school to obtain and maintain auto-injectable epinephrine at the school, regardless of whether any person at the school has been diagnosed with a condition which may cause the person to require such medication for the treatment of anaphylaxis.
The school nurse or, if a school nurse is not assigned to the school building, the school principal shall maintain for a pupil's use at least one epinephrine auto-injector, provided by the pupil, in the nurse's office or in a similarly accessible location.
All medication to be administered by the school nurse shall be kept in a securely-locked cabinet which is kept locked except when opened to obtain medications. Medications requiring refrigeration shall be stored in a locked box in a refrigerator maintained at temperatures of 38 degrees to 42 degrees. Emergency medications may be secured in other locations readily accessible only to those with authorization.
(1) the placement of a pupil's prescribed epinephrine in a secure but unlocked location easily accessible by the school nurse and designees to ensure prompt availability in the event of an allergic emergency at school or at a school-sponsored function. The location of the epinephrine shall be indicated on the pupil's emergency care plan. Back-up epinephrine shall also be available at the school if needed;
(2) the school nurse or designee to be promptly available on site at the school and school-sponsored functions in the event of an allergic reaction; and
(3) the transportation of the pupil to a hospital emergency room by emergency services personnel after the administration of epinephrine, even if the pupil's symptoms appear to have resolved.
f. The policy developed by a board of education or chief school administrator of a nonpublic school shall also:
(1) permit the school nurse or trained designee to administer epinephrine via a pre-filled auto-injector mechanism to any pupil whose parent or guardian has not met the requirements of subsections a., b., and d. of this section and has not received the notice required pursuant to subsection c. of this section when the nurse or designee in good faith believes that the pupil is having an anaphylactic reaction; and
(2) require each public and nonpublic school to maintain in a secure but unlocked and easily accessible location a supply of epinephrine auto-injectors that is prescribed under a standing protocol from a licensed physician, and is accessible to the school nurse and trained designees for administration to a pupil having an anaphylactic reaction.
General rights: Schools (whether public or nonpublic) must grant to any student in grades kindergarten through 12 authorization to carry and self-administer health care practitioner prescribed asthma treatment medications and anaphylaxis emergency treatment medication if the following conditions are met:
(a) a health care practitioner has prescribed the medication for use by the student during school hours and instructed the student in the correct and responsible use of the medication; and
(b) the student has demonstrated the skill level necessary to use the medication and any device that is necessary to administer such medication as prescribed by the health care practitioner (or such practitioner’s designee) and the school nurse or other school official who is a public education department licensed health care provider; and
(c) the school nurse (if available) with the health care practitioner formulates a written treatment plan for managing asthma or anaphylaxis episodes of the student and for medication use by the student during school hours; and (d) the school has, in writing, informed the parent or guardian of the student that the school, including its employees and agents, is to incur no liability as a result of any injury arising from the self-administration of medication pursuant to this section; and
(e) the student’s parent or guardian has completed and submitted to the school: (i) any written documentation required by the school, including the statement required by Paragraph (1); (ii) the treatment plan formulated under Subparagraph (c) of this paragraph; and (iii) a signed statement from the parent or guardian of the student acknowledging that, notwithstanding any provision of state law to the contrary, the school (including its employees and agents) is to incur no liability as a result of any injury arising from such self-administration of medication and the parent or guardian will indemnify and hold harmless the school (including its employees and agents) against any claim arising out of such self-administration of medication.
Emergency medications should be stored in a safe, appropriate, and secure, yet accessible location that will allow for rapid, life-saving administration by authorized personnel. Actual location of the medicines should be carefully considered and identified in a student‟s individual written management plan. All those involved with the student‟s care should be notified where the medication is stored. The epi-pen should not be stored in a locked container. For outside school activities, such as gym class or a class trip, the epi-pen should be carried in a hand-held emergency kit in the possession of a trained staff member. Epi-pens should be kept in close proximity to the student whenever exposure to an allergen is likely (e.g., classroom, lunchroom, playground, etc.).
A local board of education shall provide for a supply of emergency epinephrine auto-injectors on school property for use by trained school personnel to provide emergency medical aid to persons suffering from an anaphylactic reaction. Each school shall store in a secure but easily accessible location, a minimum of one epinephrine auto-injector for use in different areas of the school, such as the school office, school cafeteria, or the school gymnasium.
All medications are to be kept in a double-locked area. Access to keys must be restricted to staff with proper administration training.
A student who has been diagnosed with asthma or anaphylaxis may possess and
self-administer emergency medication for the treatment of such conditions provided
the student's parent files with the school a document that is signed by the student's
health care provider and which:
a. Indicates that the student has been instructed in the self-administration of
emergency medication for the treatment of asthma or anaphylaxis;
b. Lists the name, dosage, and frequency of all medication prescribed to the student
for use in the treatment of the student's asthma or anaphylaxis; and
c. Includes guidelines for the treatment of the student in the case of an asthmatic
episode or anaphylaxis.
The board, or a person designated by the board, shall establish a location in each school building for the storage of drugs to be administered under this section and federal law. All such drugs shall be stored in that location in a locked storage place, except that drugs that require refrigeration may be kept in a refrigerator in a place not commonly used by students.
Notwithstanding the provisions of Section 1-116.2 of this title, the board of education of each school district shall adopt a policy on or before September 1, 2008, that permits the self-administration of inhaled asthma medication by a student for treatment of asthma and the self-administration of anaphylaxis medication by a student for treatment of anaphylaxis.
A student who is permitted to self-administer asthma or anaphylaxis medication pursuant to this section shall be permitted to possess and use a prescribed inhaler or anaphylaxis medication, including but not limited to an Epinephrine injector, at all times
A school district board shall adopt policies and procedures that provide for self-administration of medication by kindergarten through grade 12 students with asthma or severe allergies: (a )In school; (b) At a school-sponsored activity; (c) While under the supervision of school personnel; (d)In before-school or after-school care programs on school-owned property; and (e)In transit to or from school or school-sponsored activities.
The policies and procedures shall: (a )Require that an Oregon licensed health care professional prescribe the medication to be used by the student during school hours and instruct the student in the correct and responsible use of the medication; (b) Require that an Oregon licensed health care professional, acting within the scope of the persons license, formulate a written treatment plan for managing the students asthma or severe allergy and for the use of medication by the student during school hours; (c) Require that the parent or guardian of the student submit to the school any written documentation required by the school, including any documents related to liability; (d)
Each school entity shall prepare a written plan for the implementation of a comprehensive and integrated K-12 program of the student services based on the needs of its students. The plan must include policies and procedures for emergency care and administration of medication and treatment under The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § § 780-101—780-144) and guidelines issued by the Department of Health.
24 P.S. 14-1414.1 (2011) requires each school entity to develop a written policy to allow students to possess and self-administer an epinephrine auto-injector in a school setting. The policy shall include a requirement that students must demonstrate competency in the self-administration and responsible use of the medication, specify limitations and conditions under which the student may lose privileges to self-carry, and identify a suitable storage location if the student is not allowed to self-carry.
The department of elementary and secondary education and the department of health shall incorporate into their policies, rules, and regulations pertaining to school health programs a procedure for addressing incidents of anaphylaxis (exaggerated allergic reaction) in order to provide for the health and safety of children who have been medically identified as being prone to anaphylaxis or who show evidence of anaphylaxis. The policies, rules, and regulations shall include a procedure whereby a parent or legal guardian of any child may expressly authorize the school department and school bus drivers and monitors to administer the epinephrine on his or her child in case of an emergency and ensures that the epinephrine is kept in a conspicuous place, readily available and that their proper use is made known to school personnel.
The Rules & Regulations for Student Health require a secure medication storage area, including a locked storage site for controlled substances.
(6) 'Participating governing authorities' means governing authorities of school districts and governing authorities of private schools that authorize schools to maintain a supply of undesignated epinephrine auto-injectors and to provide and administer epinephrine auto-injectors to students and other people pursuant to subsections (B) and (C).
The South Dakota Board of Education shall establish the requirements for storage and control of medications at the school site and the policies and procedures for provision of the school health services.
There are no state policies regarding staff- or self-administration of epinephrine or asthma medications.
(f) (1) The department of education, in conjunction with the department of health, shall develop and make available guidelines for the management of students with life-threatening food allergies to each LEA. The guidelines shall include, but need not be limited to:
(A) Education and training for school personnel on the management of students with life-threatening food allergies, including training related to the administration of medication with a cartridge injector;
(B) Procedures for responding to life-threatening allergic reactions to food;
(C) Procedures for the maintenance of a file by the school nurse or principal for each student at risk for anaphylaxis;
(D) Development of communication strategies between individual schools and local providers of emergency medical services, including appropriate instructions for emergency medical response;
(E) Development of strategies to reduce the risk of exposure to anaphylactic causative agents in classrooms and common school areas such as the cafeteria;
(F) Procedures for the dissemination of information on life threatening food allergies to school staff, parents and students, if appropriate by law;
(G) Procedures for authorizing school personnel to administer epinephrine when the school nurse is not immediately available;
(H) Procedures for the timely accessibility of epinephrine by school personnel when the nurse is not immediately available;
(I) Development of extracurricular programs related to anaphylaxis, such as nonacademic outings and field trips, before and after school programs and school-sponsored programs held on weekends;
(J) Creation of an individual health care plan tailored to the needs of each individual child at risk for anaphylaxis, including any procedures for the self-administration of medication by the children in instances where the children are capable of self-administering medication and where such self-administration is otherwise in accordance with this title; and
(K) Collection and publication of data for each administration of epinephrine to a student at risk for anaphylaxis.
The board of trustees of each school district and the governing body or an appropriate officer of each open-enrollment charter school shall adopt and administer a policy for the care of students with a diagnosed food allergy at risk for anaphylaxis based on guidelines developed by the commissioner of state health services in consultation with an ad hoc committee appointed by the commissioner of state health services.
The guidelines described by Subsection (a) may not:
(1) require a school district or open-enrollment charter school to purchase prescription anaphylaxis medication, such as epinephrine, or require any other expenditure that would result in a negative fiscal impact on the district or charter school; or
(2) require the personnel of a district or charter school to administer anaphylaxis medication, such as epinephrine, to a student unless the anaphylaxis medication is prescribed for that student.
(5) (a) Each primary or secondary school in the state, both public and private, shall make an emergency epinephrine auto-injector available to any teacher or other school employee who: (i) is employed at the school; and (ii) is a qualified adult.
(b) This section does not require a school described in Subsection (5)(a) to keep more than one emergency epinephrine auto-injector on the school premises, so long as it may be quickly accessed by a teacher or other school employee, who is a qualified adult, in the event of an emergency.
Many children are able to attend regular school because of the effective use of medication in the treatment of chronic disabilities or illnesses. When possible medication shall be administered in the home. However, any student who is required to take medication during the regular school days must comply with the school regulations, which shall require the following.
The school shall assure that the following are provided:
- 4222.1 Written orders from a physician detailing the name of the drug, dosage, time interval the medication is to be taken, diagnosis, and reason for giving.
- 4222.2 Written permission from the parent or guardian requesting that the school district comply with the physician’s order.
- 4222.3 Medication brought to school in a container appropriately labeled by the pharmacy or physician.
- 4222.4 A locked cabinet for storage of medications.
- 4222.5 Opportunities for communication with the pupil, parent, and physician regarding the efficacy of the medication administered during school hours.
Local school boards may develop and implement policies for the possession and administration of auto-injectable epinephrine by a school nurse or an employee of the school board who is authorized and trained in the administration of epinephrine auto-injectors pursuant to subsection E of § 22.1-274. The policies may authorize a school nurse, or an employee of the school board who is authorized and trained in the administration of epinephrine auto-injectors pursuant to subsection E of § 22.1-274, to provide auto-injectable epinephrine to a student with a prescription on file. The local school board may authorize a school nurse, or an employee of the school board who is authorized and trained in the administration of epinephrine auto-injectors pursuant to subsection E of § 22.1-274, to administer auto-injectable epinephrine to any student believed to be having an anaphylactic reaction in accordance with a protocol developed by the Board of Medicine and the Board of Nursing.
Notwithstanding any provision of law to the contrary and pursuant to a standing protocol developed by the Board of Medicine, a physician may issue a prescription to a local school board for auto-injectable epinephrine.
Pursuant to a standing protocol developed by the Board of Medicine and the Board of Nursing, a school nurse may possess and administer auto-injectable epinephrine.
NEW SECTION. Sec. 2. A new section is added to chapter 28A.210 RCW to read as follows:
(1) School districts and nonpublic schools may maintain at a school in a designated location a supply of epinephrine autoinjectors based on the number of students enrolled in the school.
(2)(a) A licensed health professional with the authority to prescribe epinephrine autoinjectors may prescribe epinephrine autoinjectors in the name of the school district or school to be maintained for use when necessary. Epinephrine prescriptions must be accompanied by a standing order for the administration of school-supplied, undesignated epinephrine autoinjectors for potentially life-threatening allergic reactions.
(b) There are no changes to current prescription or self-administration practices for children with existing epinephrine autoinjector prescriptions or a guided anaphylaxis care plan.
(c) Epinephrine autoinjectors may be obtained from donation sources, but must be accompanied by a prescription.
(3)(a) When a student has a prescription for an epinephrine autoinjector on file, the school nurse or designated trained school personnel may utilize the school district or school supply of epinephrine autoinjectors to respond to an anaphylactic reaction under a standing protocol according to RCW 28A.210.300.
(b) When a student does not have an epinephrine autoinjector or prescription for an epinephrine autoinjector on file, the school nurse may utilize the school district or school supply of epinephrine ESB 5104.PL p. 2 1 autoinjectors to respond to an anaphylactic reaction under a standing protocol according to RCW 28A.210.300.
Section 1414.2. School Access to Emergency Epinephrine.--(a) A school entity or nonpublic school may authorize a trained school employee to: (1) provide an epinephrine auto-injector that meets the prescription on file to a student who is authorized to self-administer an epinephrine auto-injector; (2) administer an epinephrine auto-injector that meets the prescription on file to a student who is authorized to self-administer an epinephrine auto-injector; and (3) administer an epinephrine auto-injector to a student that the employee in good faith believes to be having an anaphylactic reaction.
(b) Notwithstanding section 11 of the act of April 14, 1972 (P.L.233, No.64), known as "The Controlled Substance, Drug, Device and Cosmetic Act," a physician may prescribe epinephrine auto-injectors in the name of the school entity or nonpublic school to be maintained for use when necessary.
(c) A school entity or nonpublic school may maintain at a school in a locked, secure location a supply of epinephrine auto-injectors.
(d) A school entity or nonpublic school that authorizes the provision of epinephrine auto-injectors under this section shall designate one or more individuals at each school who shall be responsible for the storage and use of the epinephrine auto-injectors.
(e) Individuals who are responsible for the storage and use of epinephrine auto-injectors must successfully complete a training program developed and implemented by the Department of Health.
Any school board, county children with disabilities education board, cooperative educational service agency or governing body of a private school whose employees or volunteers may be authorized to administer nonprescription drug products or prescription drugs to pupils under this section shall adopt a written policy governing the administration of nonprescription drug products and prescription drugs to pupils. In developing the policy, the school board, board, agency or governing body shall seek the assistance of one or more school nurses who are employees of the school board, board, agency or governing body or are providing services or consultation under s. 121.02
(1) (g). The policy shall include procedures for obtaining and filing in the school or other appropriate facility the written instructions and consent required under sub. (2) (a), for the periodic review of such written instructions by a registered nurse licensed under s. 441.06 or in a party state, as defined in s. 441.50 (2) (j), for the storing of nonprescription drug products and prescription drugs, and for record keeping, including documenting the administration of each dose, including errors.
The district shall ensure that students are educated in a safe environment that meets all applicable building, health, safety and environmental codes and standards required by law for all public buildings. The district shall provide an organized program provided by qualified personnel to provide for the safe handling, storage, and administration of both prescription and over-the-counter medications.
