Allows for the provision of epinephrine in schools by methods other than injections.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 1
Sponsored by Senators WAGNER, WEBER
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: Allows for the use of epinephrine in schools by means other than shots. (Flesch Read-
ability Score: 76.5).
Allows for the provision of epinephrine in schools by methods other than injections. Broadens
the training requirements related to the administration of epinephrine.
A BILL FOR AN ACT
Relating to the administration of epinephrine; amending ORS 339.866, 339.867, 339.871, 433.815 and
433.817.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 339.866 is amended to read:
339.866. (1) As used in this section:
(a) “Asthma” means a chronic inflammatory disorder of the airways that requires ongoing med-
ical intervention.
(b) “Medication” means any prescription for bronchodilators or [ autoinjectable] any premeas-
ured doses of epinephrine prescribed by a student’s Oregon licensed health care professional for
asthma or severe allergies.
(c) “Severe allergy” means a life-threatening hypersensitivity to a specific substance such as
food, pollen or dust.
(2) A school district board shall adopt policies and procedures that provide for self-
administration of medication by kindergarten through grade 12 students with asthma or severe
allergies:
(a) In school;
(b) At a school-sponsored activity;
(c) While under the supervision of school personnel;
(d) In before-school or after-school care programs on school-owned property; and
(e) In transit to or from school or school-sponsored activities.
(3) The policies and procedures shall:
(a) Require that an Oregon licensed health care professional prescribe the medication to be used
by the student during school hours and instruct the student in the correct and responsible use of
the medication;
(b) Require that an Oregon licensed health care professional, acting within the scope of the
person’s license, formulate a written treatment plan for managing the student’s asthma or severe
allergy and for the use of medication by the student during school hours;
(c) Require that the parent or guardian of the student submit to the school any written doc-
umentation required by the school, including any documents related to liability;
NOTE:Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 4805
SB 1
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(d) Require that backup medication, if provided by a student’s parent or guardian, be kept at the
student’s school in a location to which the student has immediate access in the event the student
has an asthma or severe allergy emergency;
(e) Require the establishment of a process by which the parent or guardian of a student may
request in writing that backup prescribed [ autoinjectable] epinephrine be kept at a reasonably secure
location in a student’s classroom if:
(A) The location identified under paragraph (d) of this subsection is not the student’s classroom;
and
(B) A licensed health care professional verifies in writing that lack of immediate access to
[autoinjectable] epinephrine may be life threatening to the student;
(f) Require that a school request from the student’s parent or guardian that the parent or
guardian provide medication for emergency use by the student; and
(g) Allow a school to revoke its permission for a student to self-administer medication if the
student does not responsibly self-administer the medication or abuses the use of the medication.
(4) A school district board may impose other policies and procedures that the board determines
are necessary to protect a student with asthma or a severe allergy.
(5) A school district board may not require school personnel who have not received appropriate
training to assist a student with asthma or a severe allergy with self-administration of medication.
(6) This section does not apply to youth correction facilities.
SECTION 2.
ORS 339.867 is amended to read:
339.867. As used in ORS 339.869 and 339.870:
(1)(a) “Medication” means:
(A) Medication that is not injected;
(B) Premeasured doses of epinephrine [that are injected ];
(C) Medication that is available for treating adrenal insufficiency; and
(D) Naloxone or any similar medication that is in any form available for safe administration and
that is designed to rapidly reverse an overdose of an opioid drug.
(b) “Medication” does not include nonprescription sunscreen.
(2) “Opioid overdose” has the meaning given that term in ORS 689.800.
(3) “Short-acting opioid antagonist” has the meaning given that term in ORS 689.800.
SECTION 3.
ORS 339.871 is amended to read:
339.871. (1) A school administrator, school nurse, teacher or other school employee designated
by the school administrator is not liable in a criminal action or for civil damages as a result of a
student’s self-administration of medication, as described in ORS 339.866, if the school administrator,
school nurse, teacher or other school employee, in compliance with the instructions of the student’s
Oregon licensed health care professional, in good faith assists the student’s self-administration of the
medication, if the medication is available to the student pursuant to written permission and in-
structions of the student’s parent, guardian or Oregon licensed health care professional.
(2) A school administrator, school nurse, teacher or other school employee designated by the
school administrator is not liable in a criminal action or for civil damages as a result of the use of
medication if the school administrator, school nurse, teacher or other school employee in good faith
administers [ autoinjectable] a premeasured dose of epinephrine to a student or other individual
with a severe allergy who is unable to self-administer the medication, regardless of whether the
student or individual has a prescription for epinephrine.
(3) A school district and the members of a school district board are not liable in a criminal
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action or for civil damages as a result of the use of medication if:
(a) Any person in good faith administers [ autoinjectable] a premeasured dose of epinephrine to
a student or other individual with a severe allergy who is unable to self-administer the medication,
regardless of whether the student or individual has a prescription for epinephrine; and
(b) The person administered the [ autoinjectable] premeasured dose of epinephrine on school
premises, including at a school, on school property under the jurisdiction of the district or at an
activity under the jurisdiction of the school district.
(4) The civil and criminal immunities imposed by this section do not apply to an act or omission
amounting to gross negligence or willful and wanton misconduct.
SECTION 4.
ORS 433.815, as amended by section 83, chapter 73, Oregon Laws 2024, is amended
to read:
433.815. (1) Educational training on the treatment of allergic responses, as required by ORS
433.800 to 433.830, shall be conducted by a physician, physician associate or nurse practitioner. The
training may be conducted by any other health care professional licensed under ORS chapter 678
as assigned by a physician, physician associate or nurse practitioner, or by an emergency medical
services provider meeting the requirements established by the Oregon Health Authority by rule. The
curricula shall include, at a minimum, the following subjects:
(a) Recognition of the symptoms of systemic allergic responses to insect stings and other
allergens;
(b) Familiarity with common factors that are likely to elicit systemic allergic responses;
(c) Proper administration of [an intramuscular or subcutaneous injection of ] premeasured doses
of epinephrine , including administration by intramuscular or subcutaneous injection, for se-
vere allergic responses to insect stings and other specific allergens; and
(d) Necessary follow-up treatment.
(2) Educational training on the treatment of hypoglycemia, as required by ORS 433.800 to
433.830, shall be conducted by a physician, physician associate, nurse practitioner or any other
health care professional licensed under ORS chapter 678. The curricula shall include, at a minimum,
the following subjects:
(a) Recognition of the symptoms of hypoglycemia;
(b) Familiarity with common factors that may induce hypoglycemia;
(c) Proper administration of a subcutaneous injection of glucagon for severe hypoglycemia when
other treatment has failed or cannot be initiated; and
(d) Necessary follow-up treatment.
(3) Educational training on the treatment of adrenal insufficiency, as required by ORS 433.800
to 433.830, shall be conducted by a physician, physician associate, nurse practitioner or any other
health care professional licensed under ORS chapter 678. The curricula shall include, at a minimum,
the following subjects:
(a) General information about adrenal insufficiency and the dangers associated with adrenal in-
sufficiency;
(b) Recognition of the symptoms of a person who is experiencing an adrenal crisis;
(c) The types of medications that are available for treating adrenal insufficiency; and
(d) Proper administration of medications that treat adrenal insufficiency.
SECTION 5.
ORS 433.817 is amended to read:
433.817. Educational training on the treatment of allergic responses, as required by ORS 433.800
to 433.830, may be conducted by a public health authority or organization or by any other entity
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or individual approved by the Oregon Health Authority by rule. The training curricula under this
section must include the following subjects:
(1) Recognition of the symptoms of systemic allergic responses to insect stings and other
allergens;
(2) Familiarity with common factors that are likely to elicit systemic allergic responses;
(3) Proper administration of [an intramuscular or subcutaneous injection of ] premeasured doses
of epinephrine , including administration by intramuscular or subcutaneous injection, for se-
vere allergic responses to insect stings and other specific allergens; and
(4) Necessary follow-up treatment.
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