[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2094 Enrolled Bill (ENR)]

        H.R.2094

                     One Hundred Thirteenth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Thursday,
           the third day of January, two thousand and thirteen


                                 An Act


 
To amend the Public Health Service Act to increase the preference given, 
  in awarding certain asthma-related grants, to certain States (those 
allowing trained school personnel to administer epinephrine and meeting 
                      other related requirements).

    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. ADDITIONAL PREFERENCE TO CERTAIN STATES THAT ALLOW TRAINED 
SCHOOL PERSONNEL TO ADMINISTER EPINEPHRINE.
    Section 399L(d) of part P of title III of the Public Health Service 
Act (42 U.S.C. 280g(d)) is amended--
        (1) in paragraph (1), by adding at the end the following:
            ``(F) School personnel administration of epinephrine.--In 
        determining the preference (if any) to be given to a State 
        under this subsection, the Secretary shall give additional 
        preference to a State that provides to the Secretary the 
        certification described in subparagraph (G) and that requires 
        that each public elementary school and secondary school in the 
        State--
                ``(i) permits trained personnel of the school to 
            administer epinephrine to any student of the school 
            reasonably believed to be having an anaphylactic reaction;
                ``(ii) maintains a supply of epinephrine in a secure 
            location that is easily accessible to trained personnel of 
            the school for the purpose of administration to any student 
            of the school reasonably believed to be having an 
            anaphylactic reaction; and
                ``(iii) has in place a plan for having on the premises 
            of the school during all operating hours of the school one 
            or more individuals who are trained personnel of the 
            school.
            ``(G) Civil liability protection law.--The certification 
        required in subparagraph (F) shall be a certification made by 
        the State attorney general that the State has reviewed any 
        applicable civil liability protection law to determine the 
        application of such law with regard to elementary and secondary 
        school trained personnel who may administer epinephrine to a 
        student reasonably believed to be having an anaphylactic 
        reaction and has concluded that such law provides adequate 
        civil liability protection applicable to such trained 
        personnel. For purposes of the previous sentence, the term 
        `civil liability protection law' means a State law offering 
        legal protection to individuals who give aid on a voluntary 
        basis in an emergency to an individual who is ill, in peril, or 
        otherwise incapacitated.''; and
        (2) in paragraph (3), by adding at the end the following:
            ``(E) The term `trained personnel' means, with respect to 
        an elementary or secondary school, an individual--
                ``(i) who has been designated by the principal (or 
            other appropriate administrative staff) of the school to 
            administer epinephrine on a voluntary basis outside their 
            scope of employment;
                ``(ii) who has received training in the administration 
            of epinephrine; and
                ``(iii) whose training in the administration of 
            epinephrine meets appropriate medical standards and has 
            been documented by appropriate administrative staff of the 
            school.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.