[United States Statutes at Large, Volume 127, 113th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 113-48
113th Congress

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

[[Page 576]]

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.''.

Approved November 13, 2013.

LEGISLATIVE HISTORY--H.R. 2094:
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HOUSE REPORTS: No. 113-182 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 159 (2013):
July 30, considered and passed House.
Oct. 31, considered and passed Senate.