[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.''.
                                 ______