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House Bill 1167: Allows schools to keep and administer epinephrine auto-injectors in certain cases.
HB 1167 authorizes schools to acquire and maintain a stock of epinephrine auto-injectors pursuant to a prescription issued by an authorized health care provider for use in an emergency situation of a severe allergic reaction causing anaphylaxis.
If a school is going to acquire and maintain a stock of epinephrine auto-injectors, the new law requires the school board to adopt a policy related to the use and storage of epinephrine auto-injectors and also requires the school to notify parents or guardians of each student about the policy.
The law states that any school nurse or other designated school personnel, upon authorization by the governing school body, may administer an epinephrine auto-injector to a student in accordance with a prescription specific to the student on file with the school, or administer an epinephrine auto-injector to any student during school hours if the school nurse or designated school personnel believe that the student is experiencing anaphylaxis in accordance with a standing protocol from an authorized health care provider, regardless of whether a student has a prescription for an epinephrine auto-injector or has been diagnosed with an allergy.
The law requires each designated school personnel to be trained by a licensed health care professional before administering an epinephrine auto-injector from the school’s inventory.
Designated school personnel must be trained to recognize the symptoms of a severe allergy or anaphylactic reaction, to know the procedure for the administration of an epinephrine auto-injector, to know the procedure for storage of an epinephrine auto-injector, and to know the emergency care and aftercare for a student who has an allergic or anaphylactic reaction.
The new law also states that no school district, administrator, school board, school nurse, or designated school personnel that possess or make available epinephrine auto-injectors pursuant to the new law may be held liable for any injury or related damage that results from the administration of, self-administration of, or failure to administer an epinephrine auto-injector that may constitute ordinary negligence.
However, the immunity does not apply to an act or omission constituting gross, willful, or wanton negligence.
Following the passage of HB 1167, ASBSD amended the following sample policies:
Following the passage of HB 1167, ASBSD drafted the following new sample policies:
- JHCDB: Epinephrine Auto-Injectors
- JHCD: A Student Self-Administration of Asthma or Anaphylaxis Medication
- JHCDA-E: Authorization for Asthma or Anaphylaxis Self-Administered Medication
- JHCD-E: Consent for Medication Administration form
See more sample policies at the ASBSD Policy Reference Manual website.
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