Read the full stored bill text
House
File
2055
-
Introduced
HOUSE
FILE
2055
BY
BARKER
A
BILL
FOR
An
Act
relating
to
epinephrine
delivery
systems
in
schools,
1
food
establishments,
carnivals,
recreational
camps,
youth
2
sports
facilities,
and
sports
arenas.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5303YH
(2)
91
mb/jh
H.F.
2055
Section
1.
Section
135.185,
Code
2026,
is
amended
to
read
1
as
follows:
2
135.185
Epinephrine
auto-injector
delivery
system
supply.
3
1.
For
purposes
of
this
section
,
unless
the
context
4
otherwise
requires:
5
a.
“Epinephrine
auto-injector
delivery
system
”
means
the
same
6
as
provided
in
section
280.16
.
7
b.
“Facility”
means
a
food
establishment
as
defined
in
8
section
137F.1
,
a
carnival
as
defined
in
section
88A.1
,
a
9
recreational
camp,
a
youth
sports
facility,
or
a
sports
arena.
10
c.
“Licensed
health
care
professional”
means
the
same
as
11
provided
in
section
280.16
.
12
d.
“Personnel
authorized
to
administer
epinephrine”
means
an
13
employee
or
agent
of
a
facility
who
is
trained
and
authorized
14
to
administer
an
epinephrine
auto-injector
delivery
system
.
15
2.
Notwithstanding
any
other
provision
of
law
to
the
16
contrary,
a
licensed
health
care
professional
may
prescribe
17
epinephrine
auto-injectors
delivery
systems
in
the
name
of
a
18
facility
to
be
maintained
for
use
as
provided
in
this
section
.
19
3.
A
facility
may
obtain
a
prescription
for
epinephrine
20
auto-injectors
delivery
systems
and
maintain
a
supply
of
such
21
auto-injectors
delivery
systems
in
a
secure
location
at
each
22
location
where
a
member
of
the
public
may
be
present
for
use
23
as
provided
in
this
section
.
A
facility
that
obtains
such
a
24
prescription
shall
replace
epinephrine
auto-injectors
delivery
25
systems
in
the
supply
upon
use
or
expiration.
Personnel
26
authorized
to
administer
epinephrine
may
possess
and
administer
27
epinephrine
auto-injectors
delivery
systems
from
the
supply
as
28
provided
in
this
section
.
29
4.
Personnel
authorized
to
administer
epinephrine
may
30
provide
or
administer
an
epinephrine
auto-injector
delivery
31
system
from
the
facility’s
supply
to
an
individual
present
at
32
the
facility
if
such
personnel
reasonably
and
in
good
faith
33
believe
the
individual
is
having
an
anaphylactic
reaction.
34
5.
The
following
persons,
provided
they
have
acted
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reasonably
and
in
good
faith,
shall
not
be
liable
for
1
any
injury
arising
from
the
provision,
administration,
2
or
assistance
in
the
administration
of
an
epinephrine
3
auto-injector
delivery
system
as
provided
in
this
section
:
4
a.
Any
personnel
authorized
to
administer
epinephrine
who
5
provide,
administer,
or
assist
in
the
administration
of
an
6
epinephrine
auto-injector
delivery
system
to
an
individual
7
present
at
the
facility
who
such
personnel
believe
to
be
having
8
an
anaphylactic
reaction.
9
b.
The
owner
or
operator
of
the
facility.
10
c.
The
prescriber
of
the
epinephrine
auto-injector
delivery
11
system
.
12
6.
The
department,
the
board
of
medicine,
the
board
of
13
nursing,
and
the
board
of
pharmacy
shall
adopt
rules
pursuant
14
to
chapter
17A
to
implement
and
administer
this
section
,
15
including
but
not
limited
to
standards
and
procedures
for
16
the
prescription,
distribution,
storage,
replacement,
and
17
administration
of
epinephrine
auto-injectors
delivery
systems
,
18
and
for
training
and
authorization
to
be
required
for
personnel
19
authorized
to
administer
epinephrine.
20
Sec.
2.
Section
280.16,
Code
2026,
is
amended
to
read
as
21
follows:
22
280.16
Self-administration
of
respiratory
distress,
asthma,
23
or
other
airway
constricting
disease
medication,
epinephrine
24
auto-injectors
delivery
systems
,
bronchodilator
canisters,
or
25
bronchodilator
canisters
and
spacers.
26
1.
Definitions.
For
purposes
of
this
section
:
27
a.
“Bronchodilator”
means
a
bronchodilator
as
recommended
28
by
the
department
of
health
and
human
services
for
treatment
29
of
a
student’s
respiratory
distress,
asthma,
or
other
airway
30
constricting
disease.
31
b.
“Bronchodilator
canister”
means
a
portable
drug
32
delivery
device
packaged
with
multiple
premeasured
doses
of
a
33
bronchodilator.
34
c.
“Epinephrine
auto-injector
delivery
system
”
means
a
35
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device
for
immediate
self-administration
or
administration
by
1
another
trained
individual
of
a
measured
dose
of
epinephrine
2
to
a
person
at
risk
of
anaphylaxis
,
including
epinephrine
3
auto-injectors
and
epinephrine
nasal
sprays
.
4
d.
“
Licensed
health
care
professional”
means
a
person
5
licensed
under
chapter
148
to
practice
medicine
and
surgery
or
6
osteopathic
medicine
and
surgery,
an
advanced
registered
nurse
7
practitioner
licensed
under
chapter
152
or
152E
and
registered
8
with
the
board
of
nursing,
or
a
physician
assistant
licensed
9
under
chapter
148C
.
10
e.
“Medication”
means
a
drug
that
meets
the
definition
11
provided
in
section
126.2,
subsection
8
,
has
an
individual
12
prescription
label,
is
prescribed
by
a
licensed
health
care
13
professional
for
a
student,
and
pertains
to
the
student’s
14
respiratory
distress,
asthma,
or
other
airway
constricting
15
disease,
or
risk
of
anaphylaxis,
and
includes
but
is
not
16
limited
to
a
bronchodilator.
17
f.
“Self-administration”
means
a
student’s
discretionary
use
18
of
medication
prescribed
by
a
licensed
health
care
professional
19
for
the
student.
20
g.
“Spacer”
means
a
holding
chamber
that
is
used
to
optimize
21
the
delivery
of
a
bronchodilator
to
a
person’s
lungs.
22
2.
The
board
of
directors
of
a
school
district
and
the
23
authorities
in
charge
of
an
accredited
nonpublic
school
shall
24
permit
the
self-administration
of
medication
or
the
use
of
a
25
bronchodilator
canister
or
bronchodilator
canister
and
spacer
26
by
a
student
with
respiratory
distress,
asthma,
or
other
airway
27
constricting
disease
or
the
use
of
an
epinephrine
auto-injector
28
delivery
system
by
a
student
with
a
risk
of
anaphylaxis
if
the
29
following
conditions
are
met:
30
a.
The
student’s
parent
or
guardian
provides
to
the
31
school
written
authorization
for
the
self-administration
32
of
medication,
for
the
use
of
a
bronchodilator
canister
or
33
a
bronchodilator
canister
and
spacer,
or
for
the
use
of
an
34
epinephrine
auto-injector
delivery
system
.
35
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b.
The
student’s
parent
or
guardian
provides
to
the
school
1
a
written
statement
from
the
student’s
licensed
health
care
2
professional
containing
the
following
information:
3
(1)
The
name
and
purpose
of
the
medication,
bronchodilator
4
canister,
bronchodilator
canister
and
spacer,
or
epinephrine
5
auto-injector
delivery
system
.
6
(2)
The
prescribed
dosage.
7
(3)
The
times
at
which
or
the
special
circumstances
under
8
which
the
medication,
bronchodilator
canister,
bronchodilator
9
canister
and
spacer,
or
epinephrine
auto-injector
delivery
10
system
is
to
be
administered.
11
c.
The
parent
or
guardian
and
the
school
meet
the
12
requirements
of
subsection
3
.
13
3.
The
school
district
or
accredited
nonpublic
school
14
shall
notify
the
parent
or
guardian
of
the
student,
in
15
writing,
that
the
school
district
or
accredited
nonpublic
16
school
and
its
employees
are
to
incur
no
liability,
except
17
for
gross
negligence,
as
a
result
of
any
injury
arising
from
18
self-administration
of
medication,
use
of
a
bronchodilator
19
canister
or
a
bronchodilator
canister
and
spacer,
or
use
of
20
an
epinephrine
auto-injector
delivery
system
by
the
student.
21
The
parent
or
guardian
of
the
student
shall
sign
a
statement
22
acknowledging
that
the
school
district
or
nonpublic
school
23
is
to
incur
no
liability,
except
for
gross
negligence,
as
24
a
result
of
self-administration
of
medication,
use
of
a
25
bronchodilator
canister
or
a
bronchodilator
canister
and
26
spacer,
or
use
of
an
epinephrine
auto-injector
delivery
system
27
by
the
student.
A
school
district
or
accredited
nonpublic
28
school
and
its
employees
acting
reasonably
and
in
good
faith
29
shall
incur
no
liability
for
any
improper
use
of
medication,
a
30
bronchodilator
canister,
a
bronchodilator
canister
and
spacer,
31
or
an
epinephrine
auto-injector
delivery
system
as
defined
in
32
this
section
or
for
supervising,
monitoring,
or
interfering
33
with
a
student’s
self-administration
of
medication,
use
of
34
a
bronchodilator
canister
or
a
bronchodilator
canister
and
35
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spacer,
or
use
of
an
epinephrine
auto-injector
delivery
system
1
as
defined
in
this
section
.
2
4.
The
permission
for
self-administration
of
medication,
3
for
the
use
of
a
bronchodilator
canister
or
a
bronchodilator
4
canister
and
spacer,
or
for
the
use
of
an
epinephrine
5
auto-injector
delivery
system
is
effective
for
the
school
year
6
for
which
it
is
granted
and
shall
be
renewed
each
subsequent
7
school
year
upon
fulfillment
of
the
requirements
of
this
8
section
.
However,
the
parent
or
guardian
shall
immediately
9
notify
the
school
of
any
changes
in
the
conditions
listed
under
10
subsection
2
.
11
5.
Provided
that
the
requirements
of
this
section
are
12
fulfilled,
a
student
with
respiratory
distress,
asthma,
or
13
other
airway
constricting
disease
may
possess
and
use
the
14
student’s
medication
and
a
student
with
a
written
statement
15
from
a
licensed
health
care
professional
on
file
pursuant
16
to
subsection
2
,
paragraph
“a”
,
may
use
a
bronchodilator
17
canister,
a
bronchodilator
canister
and
spacer,
or
an
18
epinephrine
auto-injector
delivery
system
while
in
school,
at
19
school-sponsored
activities,
under
the
supervision
of
school
20
personnel,
and
before
or
after
normal
school
activities,
21
such
as
while
in
before-school
or
after-school
care
on
22
school-operated
property.
If
the
student
misuses
this
23
privilege,
the
privilege
may
be
withdrawn.
A
school
district
24
or
nonpublic
school
shall
notify
a
student’s
parent
or
guardian
25
before
withdrawing
the
privilege
to
use
a
bronchodilator
26
canister,
a
bronchodilator
canister
and
spacer,
or
an
27
epinephrine
auto-injector
delivery
system
.
28
6.
Information
provided
to
the
school
under
subsection
2
29
shall
be
kept
on
file
in
the
office
of
the
school
nurse
or,
in
30
the
absence
of
a
school
nurse,
the
school’s
administrator.
31
7.
The
Iowa
school
for
the
deaf
and
the
institutions
under
32
the
control
of
the
department
of
health
and
human
services
as
33
provided
in
section
218.1
are
exempt
from
the
provisions
of
34
this
section
.
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Sec.
3.
Section
280.16A,
Code
2026,
is
amended
to
read
as
1
follows:
2
280.16A
Epinephrine
auto-injector
delivery
system
,
3
bronchodilator
canister,
or
bronchodilator
canister
and
spacer
4
supply.
5
1.
For
purposes
of
this
section
,
unless
the
context
6
otherwise
requires:
7
a.
“Bronchodilator”
means
the
same
as
defined
in
section
8
280.16
.
9
b.
“Bronchodilator
canister”
means
the
same
as
defined
in
10
section
280.16
.
11
c.
“Epinephrine
auto-injector
delivery
system
”
means
the
same
12
as
provided
in
section
280.16
.
13
d.
“Licensed
health
care
professional”
means
the
same
as
14
provided
in
section
280.16
.
15
e.
“Personnel
authorized
to
administer
epinephrine
or
a
16
bronchodilator”
means
a
school
nurse
or
other
employee
of
a
17
school
district
or
accredited
nonpublic
school
trained
and
18
authorized
to
administer
an
epinephrine
auto-injector
delivery
19
system
,
a
bronchodilator
canister,
or
a
bronchodilator
canister
20
and
spacer.
21
f.
“School
nurse”
means
a
registered
nurse
holding
current
22
licensure
recognized
by
the
board
of
nursing
who
practices
in
23
the
school
setting
to
promote
and
protect
the
health
of
the
24
school
population
by
using
knowledge
from
the
nursing,
social,
25
and
public
health
sciences.
26
g.
“Spacer”
means
the
same
as
defined
in
section
280.16
.
27
2.
Notwithstanding
any
other
provision
of
law
to
the
28
contrary,
a
licensed
health
care
professional
may
prescribe
29
epinephrine
auto-injectors
delivery
systems
,
bronchodilator
30
canisters,
and
bronchodilator
canisters
and
spacers
in
the
31
name
of
a
school
district
or
accredited
nonpublic
school
to
be
32
maintained
for
use
as
provided
in
this
section
.
33
3.
The
board
of
directors
in
charge
of
each
school
district
34
and
the
authorities
in
charge
of
each
accredited
nonpublic
35
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school
may
obtain
a
prescription
for
epinephrine
auto-injectors
1
delivery
systems
,
bronchodilator
canisters,
and
bronchodilator
2
canisters
and
spacers
and
maintain
a
supply
of
such
epinephrine
3
auto-injectors
delivery
systems
,
bronchodilator
canisters,
4
and
bronchodilator
canisters
and
spacers
in
a
secure
5
location
at
each
school
for
use
as
provided
in
this
section
.
6
The
board
and
the
authorities
shall
replace
epinephrine
7
auto-injectors
delivery
systems
,
bronchodilator
canisters,
and
8
bronchodilator
canisters
and
spacers
in
the
supply
upon
use
or
9
expiration.
Personnel
authorized
to
administer
epinephrine
10
or
a
bronchodilator
may
possess
and
administer
epinephrine
11
auto-injectors
delivery
systems
,
bronchodilator
canisters,
or
12
bronchodilator
canisters
and
spacers,
as
applicable,
from
the
13
supply
as
provided
in
this
section
.
14
4.
Personnel
authorized
to
administer
epinephrine
or
15
a
bronchodilator
may
provide
or
administer
an
epinephrine
16
auto-injector
delivery
system
,
a
bronchodilator
canister,
or
17
a
bronchodilator
canister
and
spacer,
as
applicable,
from
18
the
school’s
supply
to
a
student
or
other
individual
if
such
19
personnel
reasonably
and
in
good
faith
believe
the
student
or
20
other
individual
is
having
an
anaphylactic
reaction
or
requires
21
treatment
for
respiratory
distress,
asthma,
or
other
airway
22
constricting
disease.
23
5.
The
following
persons,
provided
they
have
acted
24
reasonably
and
in
good
faith,
shall
not
be
liable
for
25
any
injury
arising
from
the
provision,
administration,
26
or
assistance
in
the
administration
of
an
epinephrine
27
auto-injector
delivery
system
,
a
bronchodilator
canister,
or
a
28
bronchodilator
canister
and
spacer
as
provided
in
this
section
:
29
a.
Any
personnel
authorized
to
administer
epinephrine
or
30
a
bronchodilator
who,
as
applicable,
provide,
administer,
or
31
assist
in
the
administration
of
an
epinephrine
auto-injector
32
delivery
system
to
a
student
or
other
individual
present
at
the
33
school
who
such
personnel
believe
to
be
having
an
anaphylactic
34
reaction
or
in
the
administration
of
a
bronchodilator
canister
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or
a
bronchodilator
canister
and
spacer
to
a
student
or
other
1
individual
present
at
the
school
who
such
personnel
believe
to
2
require
treatment
for
respiratory
distress,
asthma,
or
other
3
airway
constricting
disease.
4
b.
A
school
district
or
accredited
nonpublic
school
5
employing
the
personnel.
6
c.
The
board
of
directors
in
charge
of
the
school
district
7
or
authorities
in
charge
of
the
accredited
nonpublic
school.
8
d.
The
prescriber
of
the
epinephrine
auto-injector
delivery
9
system
,
the
bronchodilator
canister,
or
the
bronchodilator
10
canister
and
spacer.
11
6.
The
department
of
education,
the
board
of
medicine,
12
the
board
of
nursing,
and
the
board
of
pharmacy
shall,
in
13
consultation
with
an
organization
representing
school
nurses,
14
adopt
rules
pursuant
to
chapter
17A
to
implement
and
administer
15
this
section
,
including
but
not
limited
to
standards
and
16
procedures
for
the
prescription,
distribution,
storage,
17
disposal,
replacement,
and
administration
of
epinephrine
18
auto-injectors
delivery
systems
,
bronchodilator
canisters,
19
and
bronchodilator
canisters
and
spacers,
and
for
training
20
and
authorization
to
be
required
for
personnel
authorized
to
21
administer
epinephrine
or
a
bronchodilator.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
epinephrine
delivery
systems
in
26
schools,
food
establishments,
carnivals,
recreational
camps,
27
youth
sports
facilities,
and
sports
arenas.
28
Current
law
permits
food
establishments,
carnivals,
29
recreational
camps,
youth
sports
facilities,
and
sports
arenas
30
to
obtain
and
maintain
a
supply
of
epinephrine
auto-injectors
31
for
emergency
use.
Current
law
also
requires
the
board
32
of
directors
of
a
school
district
and
the
authorities
in
33
charge
of
an
accredited
nonpublic
school
to
permit
the
34
self-administration
of
medication
or
the
use
of
an
epinephrine
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auto-injector
by
a
student
with
a
risk
of
anaphylaxis
if
1
certain
conditions
are
met.
Current
law
further
authorizes
the
2
board
of
directors
in
charge
of
each
school
district
and
the
3
authorities
in
charge
of
each
accredited
nonpublic
school
to
4
obtain
a
prescription
for
epinephrine
auto-injectors
and
to
5
maintain
a
supply
of
such
devices
in
a
secure
location
at
each
6
school.
7
The
bill
replaces
the
defined
term
“epinephrine
8
auto-injector”
with
“epinephrine
delivery
system”,
which
9
includes
both
epinephrine
auto-injectors
and
epinephrine
10
nasal
sprays.
As
a
result,
under
the
bill,
epinephrine
nasal
11
sprays
would
be
permitted
and
available
in
the
same
manner
as
12
epinephrine
auto-injectors.
13
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