Clarifying requirements of possession and administration of epinephrine in schools

SB 1078 Text

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Senate Bill 1078 History

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Key:
Green
= existing Code.
Red
= new code to be enacted

WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
Introduced
Senate Bill 1078
By Senator Takubo
[Introduced February 23, 2026; referred
to the Committee on Health and Human Resources; and then to the Committee on Education]
A BILL to amend and reenact §18-5-22c of the Code of West Virginia, 1931, as amended, relating to epinephrine administration in schools; and clarifying the requirements of possession and administration of epinephrine in schools.
Be it enacted by the Legislature of West Virginia:

ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-22c.
Providing for the maintenance and use of epinephrine auto-injectors; administration of injections; administration of injections;

Possession and administration of epinephrine in schools;
notice; indemnity from liability; rules.

(a) A public, private, parochial or denominational school located within this state may possess and maintain at the school a supply of
epinephrine auto-injectors for use in emergency medical care or treatment for an anaphylactic reaction

any formulation of epinephrine that is approved by the United States Food and Drug Administration (FDA) for the emergency treatment of anaphylaxis
. A prior diagnosis for a student or school personnel requiring the use of epinephrine
auto-injectors
is not necessary to permit the school to stock epinephrine
auto-injectors
. Epinephrine
auto-injectors
shall be maintained by the school in a secure location which is only accessible by medical personnel and authorized nonmedical personnel and not by students.
(b)
An allopathic physician licensed to practice pursuant to the provisions of article three, chapter thirty of this code or an osteopathic physician licensed to practice pursuant to the provisions of article fourteen, chapter thirty of this code may prescribe within the course of his or her professional practice standing orders and protocols for use when necessary by a school which wishes to maintain epinephrine auto-injector pursuant to the provisions of this section.

A licensed health care provider pursuant to practice pursuant to §30-3-1
et seq
. of this code, or osteopathic physician licensed to practice licensed to practice pursuant to the provisions of article 14, may issue a prescription or standing order to a county board or individual school authorizing the acquisition, possession, and administration of epinephrine in any FDA approved form.
(c)
A school nurse, as set forth in section twenty-two of this article, may administer an epinephrine auto-injector to a student or school personnel during regular school hours or at a school function when the school nurse medically believes the individual is experiencing an anaphylactic reaction. A school nurse may use the school supply of epinephrine auto-injectors for a student or school personnel authorized to self-administer that meet the requirements of a prescription on file with the school.

A school nurse, or a school employee designated and trained under this section, may possess and administer epinephrine to a student, staff member, or visitor whom the nurse or trained employee, in good faith, believes to be experiencing anaphylaxis, regardless of whether the individual has a known allergy or a prior prescription.
(d) Nonmedical school personnel who have been trained in the administration of
an
epinephrine
auto-injector
and who have been designated and authorized by the school or county board to administer
the
epinephrine
auto-injector
are authorized to administer
an
epinephrine
auto-injector
to a student or school personnel during regular school hours or at a school function when the authorized and designated nonmedical school personnel reasonably believes, based upon their training, that the individual is experiencing an anaphylactic reaction. Nonmedical school personnel may use the school supply of epinephrine
auto-injectors
for a student or school personnel authorized to self-administer that meet the requirements of a prescription on file with the school.
(e) School transportation employees, including bus drivers, who have been trained in the administration of
an
epinephrine
auto-injector
and who have been designated and authorized by the school or county board to administer
an
epinephrine
auto-injector
may administer
an
epinephrine
auto-injector
to a student or school personnel during transportation to or from a school function when the school transportation employee reasonably believes, based upon his or her training, that the individual is experiencing an anaphylactic reaction. A school transportation employee may use the individual’s personal supply of epinephrine
auto-injectors
or the school’s supply of epinephrine
auto-injectors
for a student or school personnel authorized to self-administer that meet the requirements of a prescription on file with the school:
Provided,
That a school transportation employee shall defer to an individual possessing a higher degree of medical training or the parent of the child experiencing an anaphylactic reaction, if either are present at the time of the reaction;
Provided, however,
That the school transportation employee, trained and authorized to administer epinephrine auto-injectors, is not subject to the terms of section twenty-two of this article.
(f) Prior notice to the parents of a student of the administration of the epinephrine auto-injector is not required. Immediately following the administration of the epinephrine auto-injector, the school shall provide notice to the parent of a student who received an auto-injection.
(g) A school nurse, a trained school transportation employee, or trained and authorized nonmedical school personnel who
administer an epinephrine auto-injection to a student or to school personnel as provided in this section is immune from liability for any civil action arising out of an act or omission resulting from the administration of the epinephrine auto-injection unless the act or omission was the result of the school nurse, school transportation employee,

or trained and authorized nonmedical school personnel’s gross negligence or willful misconduct

administers epinephrine in accordance with this section is immune from civil liability, criminal liability, and professional disciplinary action, provided the administration was done in good faith and consistent with training
.
(h) For the purposes of this section, all county boards of education may participate in free or discounted drug programs from pharmaceutical manufacturers to provide epinephrine
auto-injectors
to schools in their counties which choose to stock
auto-injectors

epinephrine
.
(i) All county boards of education are required to collect and compile aggregate data on incidents of anaphylactic reactions resulting in the administration of school
-
maintained epinephrine
auto-injectors
in their county during a school year and forward the data to the state superintendent of schools. The state superintendent of schools shall prepare an annual report to be presented to the Joint Committee on Government and Finance as set forth in article three, chapter four of this code, by December 31 of each year.
(j) The State Board of Education, as defined in article two of this chapter, shall consult with the state health officer, as defined in section four, article three, chapter thirty of this code, and promulgate rules necessary to effectuate the provisions of this section in accordance with the provisions of article three-b, chapter twenty-nine-a of this code. The rules shall provide, at a minimum, for:
(1) The criteria for selection and minimum requirements of nonmedical school personnel and school transportation employees who may administer epinephrine
auto-injectors
following the necessary training;
(2) The training requirements necessary for nonmedical school personnel and school transportation employees to be authorized to administer
an
epinephrine
auto-injection
;
(3) Training on anaphylaxis and allergy awareness for food service workers in the school system, if easily available locally;
(4) Storage requirements for maintaining the epinephrine
auto-injectors
within the schools;
(5) Comprehensive notice requirements to the parents of a student who was administered
a
school maintained epinephrine
auto-injection
including who administered
the injection
, the rational for administering
the injection
, the approximate time of
the injection

administration,
and any other necessary elements to make the student’s parents fully aware of the circumstances surrounding the administration of the
injection

medication
;
(6) Any and all necessary documentation to be kept and maintained regarding receipt, inventory, storage and usage of all epinephrine
auto-injectors
;
(7) Detailed reporting requirements for county boards of education on incidents of use of school maintained epinephrine
auto-injectors
during a school year; and
(8) Any other requirements necessary to fully implement this section.

NOTE: The purpose of this bill is to update who may possess and administer epinephrine in schools.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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