[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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