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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1887 By: Murdock
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Section 1-116.3, as amended by Section 2, Chapter
184, O.S.L. 2025 (70 O.S. Supp. 2025, Section 1-
116.3), which relates to school medication policies;
updating statutory language; updating statutory
reference; modifying frequency of certain required
training; amending 70 O.S. 2021, Section 24-155,
which relates to concussion management guidelines;
updating statutory references; updating statutory
language; modifying frequency of required training;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 1-116.3, as
amended by Section 2, Chapter 184, O.S.L. 2025 (70 O.S. Supp. 2025,
Section 1-116.3), is amended to read as follows:
Section 1-116.3. A. Notwithstanding the provisions of Section
1-116.2 of this title, the board of education of each school
district shall adopt a policy on or before September 1, 2008, that
permits the self-administration of inhaled asthma medication by a
student for treatment of asthma, the self-administration of
anaphylaxis medication by a student for treatment of anaphylaxis,
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and the self-administration of replacement pancreatic enzymes by a
student for treatment of cystic fibrosis. The policy shall require:
1. The parent or guardian of the student to authorize in
writing the student’s self-administration of medication;
2. The parent or guardian of the student to provide to the
school a written statement from the physician treating the student
that the student has asthma, anaphylaxis, or cystic fibrosis and is
capable of, and has been instructed in the proper method of, self-
administration of medication;
3. The parent or guardian of the student to provide to the
school an emergency supply of the student’s medication to be
administered pursuant to the provisions of Section 1-116.2 of this
title;
4. The school district to inform the parent or guardian of the
student, in writing, that the school district and its employees and
agents shall incur no liability as a result of any injury arising
from the self-administration of medication by the student; and
5. The parent or guardian of the student to sign a statement
acknowledging that the school district shall incur no liability as a
result of any injury arising from the self-administration of
medication by the student.
B. The school board of education of each school district that
elects to stock Epinephrine epinephrine or inhalers shall amend the
policy identified in subsection A of this section.
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1. The amended policy for Epinephrine epinephrine shall
require:
a. the school district to inform the parent or guardian
of each student, in writing, that a school nurse or
school employee trained by a health care professional
or trained pursuant to subsection G of this section
may administer Epinephrine epinephrine to a student
whom the school nurse or trained school employee in
good faith believes is having an anaphylactic
reaction,
b. a waiver of liability executed by a parent or guardian
be on file with the school district prior to the
administration of Epinephrine epinephrine pursuant to
subparagraph a of this paragraph 1 of this subsection,
and
c. the school district to designate the employee
responsible for obtaining the Epinephrine epinephrine
at each school site.
2. The amended policy for inhalers shall require:
a. the school district to inform the parent or guardian
of each student, in writing, that a school nurse or
school employee trained by a health care professional
may administer an inhaler to a student whom the school
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nurse or trained school employee in good faith
believes is having respiratory distress,
b. the school district to designate the employee
responsible for obtaining the inhalers and spacers or
holding chambers at each school site, and
c. the school district to notify the parent or guardian
of a student after administration of an inhaler.
C. The school district and its employees and agents shall incur
no liability as a result of any injury arising pursuant to the
discharge or nondischarge of the powers provided for pursuant to
subparagraph a of paragraphs 1 and 2 of subsection B of this
section.
D. A licensed physician who has prescriptive authority may
write a prescription for Epinephrine epinephrine and inhalers and
spacers or holding chambers to the school district in the name of
the district as a body corporate as specified in Section 5-105 of
this title which shall be maintained at each school site. Such
physician shall incur no liability as a result of any injury arising
from the use of Epinephrine epinephrine or the inhalers and spacers
or holding chambers.
E. The school district may maintain at each school a minimum of
two Epinephrine epinephrine devices and two inhalers with spacers or
holding chambers in a secure location. Provided, however, that
nothing in this section shall be construed as creating or imposing a
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duty on a school district to maintain Epinephrine epinephrine
injectors or inhalers with spacers or holding chambers at a school
site or sites.
F. In the event a student is believed to be having an
anaphylactic reaction or respiratory distress, a school employee
shall contact 911 as soon as possible. If Epinephrine epinephrine
is administered to a student, a school employee shall contact 911 as
soon as possible. The school district shall notify the parent or
guardian of any student who experiences a possible allergic reaction
as soon as possible.
G. The State Board of Education, in consultation with the State
Board of Health, shall develop model policies which school districts
shall use in compliance with this section. The model policies shall
include, at a minimum, required annual training for teachers and
school employees who are directly responsible for students on the
topics of food allergies, recognizing anaphylaxis, and instruction
on how to administer Epinephrine epinephrine. The training shall be
completed before the school year begins or upon hiring the first
year a teacher or school employee is employed by the school district
and then once every other academic year thereafter. Documentation
certifying completion of the required training shall be retained in
the personnel file of the teacher or school employee. The training
may be provided online or in person by the school nurse or a
recognized food allergy and anaphylaxis training program.
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H. The State Board of Education, in consultation with the State
Board of Health, shall promulgate rules to implement this section.
I. As used in this section:
1. “Medication” means a metered dose metered-dose inhaler or a
dry powder inhaler to alleviate asthmatic symptoms, prescribed by a
physician and having an individual label, an anaphylaxis medication
used to treat anaphylaxis including, but not limited to, Epinephrine
epinephrine prescribed by a physician and having an individual
label, or replacement pancreatic enzymes prescribed by a physician
and having an individual label;
2. “Self-administration” means a student’s use of medication
pursuant to prescription or written direction from a physician;
3. “Respiratory distress” means the perceived or actual
presence of coughing, wheezing, or shortness of breath; and
4. “Inhaler” means a device that delivers a bronchodilator to
alleviate symptoms of respiratory distress that is manufactured in
the form of a metered-dose inhaler or dry-powder dry powder inhaler
and that may include a spacer or holding chamber that attaches to
the inhaler to improve the delivery of the bronchodilator.
J. The permission for self-administration of asthma,
anaphylaxis, or replacement pancreatic enzyme medication is
effective for the school year for which it is granted and shall be
renewed each subsequent school year upon fulfillment of the
requirements of this section.
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K. A student who is permitted to self-administer asthma,
anaphylaxis, or replacement pancreatic enzyme medication pursuant to
this section shall be permitted to possess and use a prescribed
inhaler, anaphylaxis medication including, but not limited to,
Epinephrine epinephrine, or replacement pancreatic enzyme medication
at all times.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 24-155, is
amended to read as follows:
Section 24-155. A. As defined in this act section:
1. “Athlete” means a secondary-school-age individual who is
participating in a sport which is individual- and/or team-based,
outside of school or within school and either competitive or in an
organized practice; and
2. “Health care provider” means an individual who is
registered, certified, licensed, or otherwise recognized by the
state to provide medical or psychological treatment and who is
trained and experienced in the evaluation, management, and care of
concussions.
B. The State Department of Health shall create a concussion
management section on its website to provide the guidelines
necessary for each school district board of education and youth
sports organization to develop their its own policies and procedures
pertaining to, but not limited to:
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1. A concussion and head injury information sheet for game
officials, team officials, athletes, parents or guardians, and other
persons having care or charge of athletes of the signs and symptoms
of concussion or head injury and the risk of continuing to practice
or compete in an athletic event or activity after sustaining a
concussion or head injury;
2. “Return to Learn” guidelines for teachers and relevant
school personnel pertaining to athletes who are returning to the
classroom after sustaining a concussion or head injury;
3. “Graduated Stepwise Return to Athletic Participation”
guidelines for team officials pertaining to athletes returning to
practice or competition after a concussion or head injury; and
4. Links to one or more free online concussion training
programs as provided by the Centers for Disease Control and
Prevention (CDC), the National Federation of State High School
Associations (NFHS), or a comparable program or resource.
The Department shall periodically review the guidelines and
update it them accordingly.
C. Each school district board of education and youth sports
organization or association shall develop policies and procedures
pursuant to subsection B of this section to inform and educate their
its respective coaches, game officials, team officials, athletes,
and their parents or guardians of the nature and risk of concussion
and head injury, including continuing to play after concussion or
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head injury. On an annual basis, information regarding concussion
and head injuries shall be disseminated to the athlete and his or
her parent or guardian. Acknowledgment and understanding of the
information shall be completed by the athlete and the athlete’s
parent or guardian and maintained by the school or the youth sports
organization or association prior to the athlete’s participation in
practice or competition.
1. On an annual basis, game Game officials and team officials
shall undergo concussion training provided by the CDC, the NFHS, or
a comparable program or resource. The training shall be completed
the first year a game official or team official is employed by or
volunteers for the school district or youth sports organization or
association and then once every other academic year thereafter. A
record of completion of the training course shall be readily
available upon request.
2. If any game official or team official responsible for the
care and safety of an athlete in an athletic event becomes aware or
suspects an athlete is exhibiting signs, symptoms, or behaviors
consistent with having sustained a concussion or head injury, he or
she shall remove the athlete from the practice or competition.
3. If an athlete is removed from practice or competition as
provided in paragraph 2 of this subsection, the athlete shall not,
on the same day the athlete is removed, be permitted to return to
that practice or competition or to participate in any other practice
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or competition, unless deemed eligible pursuant to the provisions of
paragraph 4 of this subsection.
4. An athlete who has been removed from participation as
provided in paragraph 2 of this subsection may not participate until
the athlete is evaluated by a health care provider and receives
written clearance to return to participation from that health care
provider. The health care provider may be a volunteer. A health
care provider, game official, or team official, whether volunteer or
employee, shall not be liable for civil damages for injury, death,
or loss to person or property allegedly arising from any act or
omission in providing services or performing duties unless the acts
or omissions constituting gross negligence or willful or wanton
misconduct.
D. Respective governing boards shall establish the following
minimum penalties for a violation of paragraph 2 of subsection C of
this section for those individuals set forth in paragraph 1 of
subsection C of this section:
1. First violation shall be additional concussion recognition
and management education as predetermined by the governing board;
2. Second violation shall be suspension from the sport until
appearance before the governing board; and
3. Monetary fines shall not be considered as a penalty.
E. The Department State Board of Education shall promulgate
rules necessary to implement the provisions of this act section.
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SECTION 3. This act shall become effective July 1, 2026.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health, or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-2-2237 EB 1/15/2026 8:30:17 AM