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SB351 INTRODUCED
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SB351
MS7UKWH-1
By Senator Weaver
RFD: Healthcare
First Read: 10-Mar-26
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MS7UKWH-1 03/05/2026 OW (L)cr 2026-1239
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First Read: 10-Mar-26
SYNOPSIS:
Under existing law, single-dose autoinjectible
epinephrine is the form of epinephrine approved to be
carried and self-administered by students, and
acquired, stocked, and administered by schools,
authorized entities, and certain staff members.
This bill would expand the type of approved
epinephrine to include any Food and Drug Administration
approved form of single-dose premeasured epinephrine
used to administer epinephrine into the human body to
prevent or treat a life-threatening allergic reaction.
A BILL
TO BE ENTITLED
AN ACT
Relating to public health; to amend Sections 16-1-39,
16-1-48, and 22-1-16, Code of Alabama 1975, to expand the form
of epinephrine approved to be carried and self-administered by
students, and stocked and administered by schools, authorized
entities, and certain staff members.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 16-1-39, 16-1-48, and 22-1-16, Code
of Alabama 1975, are amended to read as follows:
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of Alabama 1975, are amended to read as follows:
"§16-1-39
(a) Commencing with the 2007-2008 scholastic year, each
local board of education and the governing body of each
nonpublic school in the state shall permit the
self-administration of medications by a student for chronic
conditions if conducted in compliance with the State
Department of Education and State Board of Nursing Medication
Curriculum, as may be amended from time to time by the
department and board. Approved medications may be
self-administered if the parent or legal guardian of the
student provides all of the information outlined in the
medication curriculum, including, but not limited to, all of
the following:
(1) Written and signed authorization for the
self-administration to the chief executive officer of the
school.
(2) Written and signed acknowledgement acknowledgment
that the school shall incur no liability and that the parent
or legal guardian shall indemnify and hold harmless the school
and the employees and agents of the school against any claims
that may arise relating to the self-administration of approved
medications.
(3) Written medical authorization that includes all of
the following:
a. The signature of the attending physician, or his or
her authorized agent.
b. Confirmation that the student has been instructed in
the proper self-administration of the approved medication.
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the proper self-administration of the approved medication.
c. The name, purpose, and prescribed dosage of the
medications to be self-administered.
d. The frequency with which the prescribed medications
are to be administered.
e. Any special instructions or circumstances under
which the medications should be administered.
f. The length of time for which the medications are
prescribed.
(b) All documents provided to a school pursuant to
subsection (a) shall be kept on file in the office of the
school nurse or chief executive officer of the school.
(c) The local board of education or the governing body
of the nonpublic school shall incur no liability and is immune
from any liability exposure created by this section.
(d) Permission for the self-administration of approved
medications shall only be effective for the school year in
which permission is granted. Permission for
self-administration of approved medications may be granted in
subsequent years provided all requirements of this section are
satisfied.
(e) Upon obtaining permission to self-administer
approved medications pursuant to this section, a student shall
be permitted to possess and self-administer approved
medications, according to the orders of the prescriber, at any
time while on school property or while attending a
school-sponsored event.
(f) Nothing in this section shall be interpreted as
permitting a student to possess a controlled substance, as
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permitting a student to possess a controlled substance, as
defined in the medication curriculum, on school property.
(g) Single dose autoinjectable An epinephrine delivery
system , as defined in subsection (c) of Section 16-1-48 (c), is
an approved medication for purposes of subsection (a) that may
be carried on the person of and self-administered by a
student."
"§16-1-48
(a) The State Department of Education shall develop an
anaphylaxis preparedness program to be adopted by each local
board of education and implemented in each K-12 public school
commencing with the 2015-2016 scholastic year. The Alabama
State Board of Pharmacy shall provide guidance, direction, and
advice to the State Department of Education in developing and
administering the anaphylaxis preparedness program.
(b) The anaphylaxis preparedness program shall
incorporate the following three levels of prevention initiated
by licensed public school nurses as a part of the health
services program:
(1) Level I, primary prevention: Education programs
that address food allergies and anaphylaxis through both
classroom and individual instruction for staff and students.
(2) Level II, secondary prevention: Identification and
management of chronic illness.
(3) Level III, tertiary prevention: The development of
a planned response to anaphylaxis-related emergencies in the
school setting.
(c) Each local board of education may collaborate with
a physician to develop and maintain a protocol for emergency
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a physician to develop and maintain a protocol for emergency
response that shall include a supply of premeasured, single
dose autoinjectable epinephrine delivery systems on each
public school campus to treat potentially life threatening
allergic reactions. Single dose autoinjectable An epinephrine
delivery system consists of a single use device used for
automatic injection of that is approved by the federal Food
and Drug Administration, that contains a premeasured dose of
epinephrine , and that is used to administer epinephrine into
the human body or another epinephrine system approved by the
federal Food and Drug Administration for public use to prevent
or treat a life-threatening allergic reaction . Single dose
autoinjectable epinephrine Epinephrine delivery systems may be
self-administered at school by a student pursuant to Section
16-1-39 or may be administered or provided to school children
by the school nurse, or unlicensed school personnel who have
completed an anaphylaxis training program conducted by a
nationally recognized organization experienced in training
laypersons in emergency health treatment or other medication
administration program approved by the State Department of
Education and State Board of Nursing. Training may be
conducted online or in person and, at a minimum, shall cover
each of the following:
(1) Techniques on how to recognize symptoms of severe
allergic reactions, including anaphylaxis.
(2) Standards and procedures for the storage and
administration of single dose autoinjectable epinephrine
delivery systems .
(3) Emergency follow-up procedures.
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(3) Emergency follow-up procedures.
(d) A school that possesses and makes available single
dose autoinjectable epinephrine delivery systems and its
employees, agents, and other trained personnel, and any person
who conducts the training described in subsection (c), shall
be immune from suit and not liable for any civil damages
resulting from any acts or omissions in the supervision or
rendering of services, care, or assistance to a student under
this section, nor for any civil damages resulting from any
act, or failure to act, to provide or arrange for further
treatment, care, or assistance. No information or protocols
produced related to this section shall be construed to
establish a standard of care for physicians or otherwise
modify, amend, or supersede any provision of the Alabama
Medical Liability Act of 1996, commencing with Section
6-5-540, or any amendment thereto, or any judicial
interpretation thereof. Any provision of law to the contrary
notwithstanding, a physician who is consulted or participates
in regard to anaphylaxis-related emergencies, or develops,
maintains, or is otherwise associated with, a protocol under
this section, or takes any other action associated with, or
related to, this section, is immune from all civil and
criminal liability for any such acts.
(e) The requirement that a supply of premeasured,
single dose autoinjectable epinephrine delivery systems be
secured and maintained on each public school campus shall only
be enforced if funding is provided by the state."
"§22-1-16
(a) As used in this section, the following words shall
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(a) As used in this section, the following words shall
have the following meanings:
(1) ADMINISTER. The direct application of an
epinephrine auto-injector delivery system to the body of an
individual.
(2) AUTHORIZED ENTITY. Any entity or organization other
than a K-12 public school subject to Section 16-1-48, in
connection with or at which allergens capable of causing
anaphylaxis may be present, including, but not limited to,
recreation camps, colleges and universities, day care
facilities, youth sport leagues, amusement parks, restaurants,
places of employment, and sports arenas.
(3) EPINEPHRINE AUTO-INJECTOR DELIVERY SYSTEM . A
single-use device that is approved by the federal Food and
Drug Administration, that contains used for the automatic
injection of a premeasured dose of epinephrine , and that is
used to administer epinephrine into the human body to prevent
or treat a life-threatening allergic reaction .
(4) MEDICAL PRACTITIONER. A physician or other
individual licensed under Title 34 authorized to treat, use,
or prescribe medicine and drugs for sick and injured humans in
this state.
(5) PROVIDE. The supply of one or more epinephrine
auto-injectors delivery systems to an individual. As used in
this section, the term should not be construed to include any
managerial authority on behalf of the medical practitioner.
(b) A medical practitioner may prescribe epinephrine
auto-injectors delivery systems in the name of an authorized
entity for use in accordance with this section, and
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entity for use in accordance with this section, and
pharmacists and medical providers may dispense epinephrine
auto-injectors delivery systems pursuant to a prescription
issued in the name of any authorized entity. A prescription
issued pursuant to this section shall be valid for two years.
(c) An authorized entity may acquire and stock a supply
of epinephrine auto-injectors delivery systems pursuant to a
prescription issued in accordance with this section.
Epinephrine auto-injectors delivery systems shall be stored in
a location readily accessible in an emergency and in
accordance with the epinephrine auto-injector's delivery
system's instructions for use and any additional requirements
that may be established by the State Board Committee of Public
Health. An authorized entity shall designate employees or
agents who have completed training required by this section to
be responsible for the storage, maintenance, control, and
general oversight of epinephrine auto-injectors delivery
systems acquired by the authorized entity.
(d) An employee or agent of an authorized entity, or
other individual who has completed the training required by
this section, may use epinephrine auto-injectors delivery
systems prescribed pursuant to this section to do either of
the following:
(1) Provide an epinephrine auto-injector delivery
system to an individual who the employee, agent, or other
individual believes in good faith is experiencing anaphylaxis,
or the parent, guardian, or caregiver of the individual, for
immediate administration, regardless of whether the individual
has a prescription for an epinephrine auto-injector delivery
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has a prescription for an epinephrine auto-injector delivery
system or has previously been diagnosed with an allergy.
(2) Administer an epinephrine auto-injector delivery
system to any individual who the employee, agent, or other
individual believes in good faith is experiencing anaphylaxis,
regardless of whether the individual has a prescription for an
epinephrine auto-injector delivery system or has previously
been diagnosed with an allergy.
(e) An employee, agent, or other individual described
in subsection (c) or (d) shall complete an initial anaphylaxis
training program and shall complete subsequent training
programs at least every two years thereafter. Training shall
be conducted by a nationally recognized organization
experienced in training laypersons in emergency health
treatment or an entity or individual approved by the
Department of Public Health. The Department of Public Health
may approve specific entities or individuals or may approve
classes of entities or individuals to conduct training. The
entity that conducts the training shall issue a certificate,
on a form developed by the Department of Public Health, to
each individual who successfully completes the anaphylaxis
training program. Training may be conducted online or in
person and, at a minimum, shall cover all of the following:
(1) How to recognize signs and symptoms of severe
allergic reactions, including anaphylaxis.
(2) Standards and procedures for the storage and
administration of an epinephrine auto-injector delivery
system .
(3) Emergency follow-up procedures.
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(3) Emergency follow-up procedures.
(f) The following persons shall not be liable for any
injuries or related damages that result from any act or
omission taken pursuant to this section ;, provided , however,
this immunity does not apply to an act or omission
constituting willful or wanton conduct:
(1) An authorized entity that possesses and makes
available epinephrine auto-injectors delivery systems and its
employees, agents, and other individuals.
(2) An individual or entity that conducts the training
described in this section, but only to the extent the injuries
or related damages arise from the training conducted by the
individual or entity. Notwithstanding subsection (g), a health
care provider who or which administers an epinephrine
auto-injector delivery system shall be subject to and afforded
the protections provided by the Alabama Medical Liability Act,
Sections 6-5-480 to 6-5-488, inclusive, and Sections 6-5-540
to 6-5-552, inclusive, and any amendments thereto. The
immunity provided in this subsection does not affect a
manufacturer's liability regarding the design, manufacture,
instructions regarding the use of, or training regarding the
use of , an epinephrine auto-injector delivery system .
(g) All of the following individuals are immune from
any civil or criminal liability for actions authorized under
this section:
(1) A physician who prescribes or dispenses an
epinephrine auto-injector delivery system pursuant to this
section, or who is consulted pursuant to this section, and who
has no managerial authority over the individual administering
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has no managerial authority over the individual administering
the epinephrine auto-injector delivery system .
(2) A pharmacist who dispenses an epinephrine
auto-injector pursuant delivery system to this section and who
has no managerial authority over the individual administering
the epinephrine auto-injector delivery system .
(h) The administration of an epinephrine auto-injector
delivery system in accordance with this section is not the
practice of medicine, except for licensed health care
professionals, nor is it the practice of another profession
that otherwise requires licensure. This section does not alter
or replace any other immunity or defense that may be available
under state law.
(i)(1) An authorized entity that possesses and makes
available epinephrine auto-injectors delivery systems shall
submit to the Department of Public Health, on a form developed
by the Department of Public Health, a report of each incident
on the authorized entity's premises that involves the
administration of an epinephrine auto-injector delivery system
pursuant to subsection (c). The Department of Public Health
shall annually publish a report that summarizes and analyzes
all reports submitted to it under this subsection.
(2) The State Board Committee of Public Health may
adopt rules necessary to carry out the intent of this
section."
Section 2. This act shall become effective on October
1, 2026.
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