[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2094 Reported in Senate (RS)]
Calendar No. 229
113th CONGRESS
1st Session
H. R. 2094
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31, 2013
Received; read twice and referred to the Committee on Health,
Education, Labor, and Pensions
October 30, 2013
Reported by Mr. Harkin, without amendment
_______________________________________________________________________
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.''.
Calendar No. 229
113th CONGRESS
1st Session
H. R. 2094
_______________________________________________________________________
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).
_______________________________________________________________________
October 30, 2013
Reported without amendment