Schools-administration of epinephrine.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0173

ENROLLED ACT NO. 45, HOUSE OF REPRESENTATIVES

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2014 BUDGET SESSION

AN ACT relating to schools; authorizing the administration and storage of stock epinephrine auto-injectors' required for potentially life threatening allergic reactions; imposing requirements; providing guidelines; delegating duties to the department of education and department of health; providing exceptions to liability; providing definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 21
‑
4
‑
31
6
is
created
to read:

21
‑
4
‑
316.

Administration of
stock
epinephrine
auto-injectors
.

(a)

A district board may adopt and implement a policy whereby the district may acquire
,
maintain
and dispense to schools within the district
a supply of epinephrine auto-injectors.

Upon authorization by the board, school nurses and
assigned
school personnel may administer
a stock
epinephrine auto-injector to a student that the school nurse or
assigned
school personnel in good faith believes is experiencing a severe allergic reaction.
A district board shall not be required to obtain a prescription to acquire, maintain or dispense to schools within the district a supply of epinephrine auto-injectors under this section.
A district board may enter into arrangements with manufacturers or third-party suppliers of epinephrine auto-injectors to obtain the
epinephrine auto-injectors
at fair market, free or reduced prices.

(b)

A district board that decides to
acquire,
maintain
and dispense
a supply of epinephrine auto-injectors shall:

(i)

Implement a plan based on the guidelines developed pursuant to this section for the management of students with life threatening allergies enrolled in the schools within the district;

(ii)

Make the plan available on the school district's website or the website of each school within the district, or if such websites do not exist, make the plan publicly available through other practicable means as determined by the board.

(c)

Not later than December 31, 2014, the department of education, in consultation with the department of health, shall develop and make available to all schools guidelines for the management of students with life threatening allergies. The guidelines shall include, but not be limited to:

(i)

Identification of life threatening allergies or severe allergic reactions qualifying for administration of epinephrine auto-injectors under this act;

(ii)

Identification of appropriate and acceptable epinephrine auto-injectors;

(i
ii
)

Education and training for school personnel on the management of students with life threatening allergies, including training related to the administration of epinephrine auto-injectors;

(iv
)

Procedures for responding to life threatening allergies;

(v
)

A process for the development of individualized health care and allergy action plans for every student with a life threatening allergy;

(
v
i
)

Protocols to prevent exposure to allergens;

(v
ii
)

Requirements for each school to keep a record of each incident that involves a life threatening allergy or the administration of
stock

epinephrine auto-injectors;

(vi
ii
)

Requirements for schools that have adopted a policy allowing for the administration of
stock
epinephrine auto-injectors pursuant to this section to
maintain a list
of employees in the school or school district who have been trained and
assigned
to administer
stock
epinephrine auto-injectors;

(
ix
)

Requirements for school nurses and
assigned
school personnel to
confirm
completion of a training program approved by the department of education, in consultation with the department of health.

(d)

A school that possesses and makes available
stock
epinephrine auto-injectors and those persons specified in this subsection shall not be liable for damages for any injuries that result from the administration of, self-administration of, or failure to administer epinephrine auto-injectors that may constitute ordinary negligence.

This immunity applies regardless of whether authorization was provided by the student's parent or guardian or by the student's health care provider.

This immunity does not apply to acts or omissions constituting gross, willful or wanton negligence.

The administration of
stock
epinephrine auto-injectors in accordance with this section is not the practice of medicine.

The immunity from liability provided under this section is in addition to and not in lieu of that provided under W.S. 1
‑
1
‑
120. The immunity provided in this subsection extends to:

(i)

A district board, school nurses, employees, agents and volunteers of the district;

(ii)

An authorized health care provider who prescribes
stock
epinephrine auto-injectors; and

(iii)

An individual or entity that conducts the training described in this section.

(
e
)

As used in this section:

(i)

"Administer" or "administration" means the direct application of a
stock
epinephrine auto-injector;

(
ii
)

"
Assigned
school personnel" means an employee, agent or volunteer of a school designated by the

administrator
of the school who has completed the training required under this section to provide or administer
stock
epinephrine auto-injectors;

(
i
ii)

"Authorized health care provider" means an individual authorized by law to prescribe and administer prescription drugs in the course
of professional practice;

(
i
v)

"Provide" means the supply of one (1) or more
stock
epinephrine auto-injectors;

(v)

"Stock epinephrine" means injectable medications used for the treatment of severe, life-threatening allergies that schools or districts buy and keep on-site for emergency use.

(f)

N
othing in this section shall be held to apply to or affect W.S. 21
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4
‑
310.

Section 2.

This act is effective July 1, 2014.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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