[Congressional Record Volume 157, Number 176 (Thursday, November 17, 2011)]
[Senate]
[Pages S7704-S7705]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. DURBIN (for himself and Mr. Kirk):
S. 1884. 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; to the Committee on
Health, Education, Labor, and Pensions.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1884
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;
[[Page S7705]]
``(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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