[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1884 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1884
To provide States with incentives to require elementary schools and
secondary schools to maintain, and permit school personnel to
administer, epinephrine at schools.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 17, 2011
Mr. Durbin (for himself and Mr. Kirk) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To provide States with incentives to require elementary schools and
secondary schools to maintain, and permit school personnel to
administer, epinephrine at schools.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Access to Emergency
Epinephrine Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to research funded by the Food Allergy
Initiative and conducted by Northwestern University and
Children's Memorial Hospital, nearly 6,000,000 children in the
United States have food allergies.
(2) Anaphylaxis, or anaphylactic shock, is a systemic
allergic reaction that can kill within minutes.
(3) More than 15 percent of school-aged children with food
allergies have had an allergic reaction in school.
(4) Teenagers and young adults with food allergies are at
the highest risk of fatal food-induced anaphylaxis.
(5) Individuals with food allergies who also have asthma
may be at increased risk for severe or fatal food allergy
reactions.
(6) Studies have shown that 25 percent of epinephrine
administrations in schools involve individuals with a
previously unknown allergy.
(7) The National Institute of Allergy and Infectious
Diseases (``NIAID'') has reported that delays in the
administration of epinephrine to patients in anaphylaxis can
result in rapid decline and death. NIAID recommends that
epinephrine be given promptly to treat anaphylaxis.
(8) Physicians can provide standing orders to furnish a
school with epinephrine for injection, and several States have
passed laws to authorize this practice.
(9) The American Academy of Allergy, Asthma, and Immunology
recommends that epinephrine injectors should be included in all
emergency medical treatment kits in schools.
(10) The American Academy of Pediatrics recommends that an
anaphylaxis kit should be kept with medications in each school
and made available to trained staff for administration in an
emergency.
(11) According to the Food Allergy and Anaphylaxis Network,
there are no contraindications to the use of epinephrine for a
life-threatening reaction.
SEC. 3. PREFERENCE FOR STATES REGARDING ADMINISTRATION OF EPINEPHRINE
BY SCHOOL PERSONNEL.
Section 399L of the Public Health Service Act (42 U.S.C. 280g(d))
is amended--
(1) in subsection (a), by redesignating the second
paragraph (2) and paragraph (3) as paragraphs (3) and (4),
respectively; and
(2) by striking subsection (d) and inserting the following:
``(d) Preference for States Regarding Medication to Treat Asthma
and Anaphylaxis.--
``(1) Preference.--The Secretary, in making any grant under
this section or any other grant that is asthma-related (as
determined by the Secretary) to a State, shall give preference
to any State that satisfies each of the following requirements:
``(A) Self-administration of medication.--
``(i) In general.--The State shall require
that each public elementary school and
secondary school in that State will grant to
any student in the school an authorization for
the self-administration of medication to treat
that student's asthma or anaphylaxis, if--
``(I) a health care practitioner
prescribed the medication for use by
the student during school hours and
instructed the student in the correct
and responsible use of the medication;
``(II) the student has demonstrated
to the health care practitioner (or
such practitioner's designee) and the
school nurse (if available) the skill
level necessary to use the medication
and any device that is necessary to
administer such medication as
prescribed;
``(III) 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
``(IV) the student's parent or
guardian has completed and submitted to
the school any written documentation
required by the school, including the
treatment plan formulated under
subclause (III) and other documents
related to liability.
``(ii) Scope.--An authorization granted
under clause (i) shall allow the student
involved to possess and use the student's
medication--
``(I) while in school;
``(II) while at a school-sponsored
activity, such as a sporting event; and
``(III) in transit to or from
school or school-sponsored activities.
``(iii) Duration of authorization.--An
authorization granted under clause (i)--
``(I) shall be effective only for
the same school and school year for
which it is granted; and
``(II) must be renewed by the
parent or guardian each subsequent
school year in accordance with this
subsection.
``(iv) Backup medication.--The State shall
require that backup medication, if provided by
a student's parent or guardian, be kept at a
student's school in a location to which the
student has prompt access in the event of an
asthma or anaphylaxis emergency.
``(v) Maintenance of information.--The
State shall require that information described
in clauses (i)(III) and (i)(IV) be kept on file
at the student's school in a location easily
accessible in the event of an asthma or
anaphylaxis emergency.
``(vi) Rule of construction.--Nothing in
this subparagraph creates a cause of action or
in any other way increases or diminishes the
liability of any person under any other law.
``(B) School personnel administration of
epinephrine.--
``(i) In general.--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) are prescribed under
a standing protocol from a
licensed physician; and
``(bb) are accessible to
authorized personnel for
administration to a student
having an anaphylactic
reaction.
``(ii) Liability and state law.--
``(I) Good samaritan law.--The
State shall have a State law ensuring
that elementary school and secondary
school employees and agents, including
a physician providing a prescription
for school epinephrine, will incur no
liability related to the administration
of epinephrine to any student believed
in good faith to be having an
anaphylactic reaction, except in the
case of willful or wanton conduct.
``(II) State law.--Nothing in this
subparagraph shall be construed to
preempt State law, including any State
law regarding whether students with
allergy or asthma may possess and self-
administer medication.
``(2) Definitions.--For purposes of this subsection:
``(A) The terms `elementary school' and `secondary
school' have the meaning given to those terms in
section 9101 of the Elementary and Secondary Education
Act of 1965.
``(B) The term `health care practitioner' means a
person authorized under law to prescribe drugs subject
to section 503(b) of the Federal Food, Drug, and
Cosmetic Act.
``(C) The term `medication' means a drug as that
term is defined in section 201 of the Federal Food,
Drug, and Cosmetic Act and includes inhaled
bronchodilators and epinephrine.
``(D) The term `self-administration' means a
student's discretionary use of his or her prescribed
asthma or anaphylaxis medication, pursuant to a
prescription or written direction from a health care
practitioner.
``(E) The term `authorized personnel' means the
school nurse or, if the school nurse is absent, an
individual who has been designated by the school nurse
and has received training in the administration of
epinephrine.''.
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