EPINEPHRINE DELIVERY SYSTEMS – Amends existing law to revise provisions regarding the use of epinephrine in schools.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
531
BY
HEALTH
AND
WELFARE
COMMITTEE
AN
ACT
1
RELATING
TO
EPINEPHRINE
DELIVERY
SYSTEMS;
AMENDING
SECTION
33
-
520,
IDAHO
2
CODE,
TO
REVISE
PROVISIONS
REGARDING
EPINEPHRINE
DELIVERY
SYSTEMS;
3
AMENDING
SECTION
33
-
520A,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
4
LIFE
-
THREATENING
ALLERGIES
IN
SCHOOLS
AND
GUIDELINES
REGARDING
EPI
-
5
NEPHRINE
DELIVERY
SYSTEMS;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
6
EFFECTIVE
DATE.
7
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
8
SECTION
1.
That
Section
33
-
520,
Idaho
Code,
be,
and
the
same
is
hereby
9
amended
to
read
as
follows:
10
33
-
520.
POLICY
GOVERNING
MEDICAL
INHALERS,
EPINEPHRINE
AUTO
-
INJEC
-
1
1
TORS
DELIVERY
SYSTEMS
,
INSULIN
AND
BLOOD
GLUCOSE
MONITORING
SUPPLIES.
(1)
12
The
board
of
trustees
of
each
school
district,
including
charter
districts,
13
shall
adopt
a
policy
permitting
the
self
-
administration
of
medication
ad
-
14
ministered
by
way
of
a
metered
-
dose
inhaler
by
a
pupil
for
asthma
or
other
po
-
15
tentially
life
-
threatening
respiratory
illness
or
by
way
of
an
epinephrine
16
auto
-
injector
delivery
system
for
severe
allergic
reaction
(anaphylaxis).
17
On
or
before
September
1,
2016,
such
boards
of
trustees
shall
also
adopt
a
18
policy
permitting
the
self
-
administration
of
diabetes
medication
and
blood
19
glucose
monitoring
by
a
pupil
with
diabetes.
20
(2)
As
used
in
this
section:
21
(a)
"Medication"
means
an
epinephrine
auto
-
injector
delivery
system
,
a
22
metered
-
dose
inhaler
or
a
dry
powder
inhaler
or
insulin
prescribed
by
a
23
physician
and
having
an
individual
label;
and
24
(b)
"Self
-
administration"
means
a
student's
use
of
medication
or
of
25
blood
glucose
monitoring
supplies
pursuant
to
prescription
or
written
26
direction
from
a
physician.
27
(3)
A
student
who
is
permitted
to
self
-
administer
medication
or
blood
28
glucose
monitoring
pursuant
to
this
section
shall
be
permitted
to
possess
29
and
use
a
prescribed
inhaler,
an
epinephrine
auto
-
injector
delivery
system
,
30
insulin
or
blood
glucose
monitoring
supplies
at
all
times.
31
(4)
Nothing
in
this
section
shall
be
construed
to
prevent
a
school
dis
-
32
trict
from
requiring
pupils
to
maintain
current
duplicate
prescription
med
-
33
ications
or
blood
glucose
monitoring
supplies
with
the
school
nurse
or,
in
34
the
absence
of
such
nurse,
with
the
school
administrator.
35
SECTION
2.
That
Section
33
-
520A,
Idaho
Code,
be,
and
the
same
is
hereby
36
amended
to
read
as
follows:
37
33
-
520A.
LIFE
-
THREATENING
ALLERGIES
IN
SCHOOLS
-
-
GUIDELINES,
STOCK
38
SUPPLY
OF
EPINEPHRINE
AUTO
-
INJECTORS
DELIVERY
SYSTEMS
AND
EMERGENCY
ADMIN
-
39

2
ISTRATION.
(1)
As
used
in
this
section,
the
following
definitions
shall
ap
-
1
ply:
2
(a)
"Administer"
means
the
direct
application
of
an
epinephrine
auto
-
3
injector
delivery
system
to
the
body
of
an
individual.
4
(b)
"Designated
school
personnel"
means
an
employee,
agent
or
vol
-
5
unteer
of
a
school
designated
by
the
governing
authority
of
a
school
6
who
has
completed
the
training
to
provide
or
administer
an
epinephrine
7
auto
-
injector
delivery
system
to
a
student.
8
(c)
"Epinephrine
auto
-
injector
delivery
system
"
means
a
device
that
9
automatically
injects
a
premeasured
dose
of
epinephrine
that
is
ap
-
10
proved
by
the
federal
food
and
drug
administration
that
contains
a
1
1
premeasured
dose
of
epinephrine
and
that
is
used
to
administer
epineph
-
12
rine
into
the
human
body
.
13
(d)
"Provide"
means
the
supply
of
one
(1)
or
more
epinephrine
auto
-
in
-
14
jectors
delivery
systems
to
an
individual.
15
(e)
"School"
means
any
public
or
nonpublic
school.
16
(f)
"Self
-
administration"
means
a
student
or
other
person's
discre
-
17
tionary
use
of
an
epinephrine
auto
-
injector
delivery
system
,
whether
18
provided
by
the
student
or
by
a
school
nurse
or
designated
school
per
-
19
sonnel
pursuant
to
the
provisions
of
this
section.
20
(2)
Any
physician,
advanced
practice
registered
nurse
licensed
to
pre
-
21
scribe
or
physician
assistant
licensed
to
prescribe
pursuant
to
title
54,
22
Idaho
Code,
may
prescribe
epinephrine
auto
-
injectors
delivery
systems
in
23
the
name
of
a
school
to
be
maintained
for
use
in
accordance
with
subsection
24
(3)
of
this
section.
Licensed
pharmacists
and
physicians
may
dispense
epi
-
25
nephrine
auto
-
injectors
delivery
systems
pursuant
to
a
prescription
issued
26
in
accordance
with
this
subsection.
A
school
may
maintain
a
stock
supply
of
27
epinephrine
auto
-
injectors
delivery
systems
.
28
(3)
The
governing
authority
of
a
school
may
authorize
school
nurses
and
29
designated
school
personnel
to
do
the
following:
30
(a)
Provide
an
epinephrine
auto
-
injector
delivery
system
to
a
student
31
to
self
-
administer
the
epinephrine
auto
-
injector
delivery
system
in
32
accordance
with
a
prescription
specific
to
the
student
on
file
with
the
33
school
nurse;
34
(b)
Administer
an
epinephrine
auto
-
injector
delivery
system
to
a
stu
-
35
dent
in
accordance
with
a
prescription
specific
to
the
student
on
file
36
with
the
school
nurse;
and
37
(c)
Administer
an
epinephrine
auto
-
injector
delivery
system
to
any
38
student
or
other
individual
on
school
premises
that
the
school
nurse
39
or
designated
school
personnel
in
good
faith
believes
is
experiencing
40
anaphylaxis
regardless
of
whether
the
student
or
other
individual
has
a
41
prescription
for
an
epinephrine
auto
-
injector
delivery
system
.
42
(4)
A
school
may
enter
into
arrangements
with
manufacturers
of
epineph
-
43
rine
auto
-
injectors
delivery
systems
or
third
-
party
suppliers
of
epineph
-
44
rine
auto
-
injectors
delivery
systems
to
obtain
epinephrine
auto
-
injectors
45
delivery
systems
at
fair
market
price,
reduced
price
or
free.
46
(5)
The
governing
authority
of
a
school
that
participates
in
supplying
47
and
administering
epinephrine
auto
-
injectors
delivery
systems
pursuant
to
48
the
provisions
of
this
section
shall
do
the
following:
49

3
(a)
Require
each
school
that
maintains
a
stock
supply
and
administers
1
epinephrine
auto
-
injectors
delivery
systems
to
submit
a
report
of
each
2
incident
at
the
school
or
related
school
event
involving
a
severe
al
-
3
lergic
reaction
or
the
administration
of
an
epinephrine
auto
-
injector
4
delivery
system
to
the
governing
authority
of
the
school
or
its
de
-
5
signee;
and
6
(b)
Establish
detailed
standards
for
training
programs
that
must
be
7
completed
by
designated
school
personnel
in
order
to
provide
or
admin
-
8
ister
an
epinephrine
auto
-
injector
delivery
system
in
accordance
with
9
this
section.
Such
training
may
be
conducted
online
and,
at
a
minimum,
10
shall
cover:
1
1
(i)
Techniques
on
how
to
recognize
symptoms
of
severe
allergic
12
reactions,
including
anaphylaxis;
13
(ii)
Standards
and
procedures
for
the
storage,
administration
and
14
disposal
of
an
epinephrine
auto
-
injector
delivery
system
;
and
15
(iii)
Emergency
follow
-
up
procedures.
16
(6)
There
shall
be
no
civil
liability
for
any
damages
for
a
physician,
17
advanced
practice
registered
nurse,
physician's
assistant
or
pharma
-
18
cist
providing
a
prescription
or
standing
protocol
for
school
epinephrine
19
auto
-
injectors
delivery
systems
consistent
with
the
standard
of
care
for
20
the
provider.
Further,
there
shall
be
no
civil
liability
for
damages
for
21
a
school
or
its
employees
or
agents
for
any
injuries
that
result
from
the
22
administration
or
self
-
administration
of
an
epinephrine
auto
-
injector
23
delivery
system
regardless
of
whether
authorization
for
use
was
given
by
the
24
student's
parents,
guardian
or
medical
provider
provided
the
actions
taken
25
in
administering
or
providing
the
injector
epinephrine
delivery
system
26
were
reasonable
under
the
circumstances.
The
liability
protections
in
this
27
section
do
not
apply
to
acts
or
omissions
constituting
gross
negligence,
28
those
that
are
reckless
or
that
constitute
willful
and
wanton
behavior.
The
29
liability
protections
in
this
section
are
in
addition
to
any
provided
under
30
section
5
-
330,
Idaho
Code.
31
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
32
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
33
July
1,
2026.
34