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ENGR. H. A. to ENGR. S. B. NO. 331 Page 1
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ENGROSSED HOUSE AMENDMENT
TO
ENGROSSED SENATE BILL NO. 331 By: Hines of the Senate
and
Stinson of the House
An Act relating to schools; creating the Emerson Kate
Cole Act; providing short title; amending 70 O.S.
2021, Section 1-116.3, which relates to school
medication policies; updating statutory language;
updating statutory reference; requiring a school
employee to call 911 if Epinephrine is administered
to a student; requiring notification of a parent or
legal guardian if a student experiences a possible
allergic reaction; requiring annual training for
certain teachers and school employees; providing for
content and method of training; providing for
noncodification; providing an effective date; and
declaring an emergency.
AMENDMENT NO. 1. Page 1, lines 6 through 12, strike the title
Passed the House of Representatives the 8th day of May, 2025.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of __________, 2025.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 331 By: Hines of the Senate
and
Stinson of the House
An Act relating to schools; creating the Emerson Kate
Cole Act; providing short title; amending 70 O.S.
2021, Section 1-116.3, which relates to school
medication policies; updating statutory language;
updating statutory reference; requiring a school
employee to call 911 if Epinephrine is administered
to a student; requiring notification of a parent or
legal guardian if a student experiences a possible
allergic reaction; requiring annual training for
certain teachers and school employees; providing for
content and method of training; providing for
noncodification; providing an effective date; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Emerson Kate
Cole Act”.
SECTION 2. AMENDATORY 70 O.S. 2021, 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
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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,
and the self-administration of replacement pancreatic enzymes by a
student for treatment of cystic fibrosis. The policy shall require:
1. The parent or legal guardian of the student to authorize in
writing the student’s self-administration of medication;
2. The parent or legal 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 legal 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 legal 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 legal guardian of the student to sign a
statement acknowledging that the school district shall incur no
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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 injectors or inhalers shall amend the
policy identified in subsection A of this section.
1. The amended policy for Epinephrine injectors shall require:
a. the school district to inform the parent or legal
guardian of each student, in writing, that a school
nurse or school employee trained by a health care
professional or trained in correlation with the State
Department of Health’s Diabetes Management Annual
School Training Program annual diabetes management
training may administer, with parent or legal guardian
permission but without a health care provider order,
an Epinephrine injection 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 legal
guardian to be on file with the school district prior
to the administration of an Epinephrine injection
pursuant to subparagraph a of this paragraph 1 of this
subsection, and
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c. the school district to designate the employee
responsible for obtaining the Epinephrine injectors at
each school site.
2. The amended policy for inhalers shall require:
a. the school district to inform the parent or legal
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 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 legal
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 injectors and inhalers and
spacers or holding chambers to the school district in the name of
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the district as a body corporate 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 the Epinephrine injectors or the inhalers and spacers or
holding chambers.
E. The school district may maintain at each school a minimum of
two Epinephrine injectors 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 duty on a
school district to maintain 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 is
administered to a student, a school employee shall contact 911 as
soon as possible. The school district shall notify the parent or
legal 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
may 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
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on how to administer Epinephrine. The training shall be completed
before the school year begins or upon hiring the teacher or school
employee. Documentation certifying completion of the required
training shall be retained in the personnel file for 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.
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 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 injectors
prescribed by a physician and having an individual label, or
replacement pancreatic enzymes prescribed by a physician and having
an individual label; and
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 inhaler and that
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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.
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 an
Epinephrine injector, or replacement pancreatic enzyme medication at
all times.
SECTION 3. This act shall become effective July 1, 2025.
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.
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Passed the Senate the 4th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives