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26LSO-0015
ORIGINAL Senate
File No
.
SF0019
ENROLLED ACT NO. 20,
SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2026 Budget Session
AN ACT relating to public health and safety; authorizing the administration of epinephrine through the use of auto-injectors, nasal sprays and any other federally approved device or method; amending definitions; requiring rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 21
‑
4
‑
310(c)(iii), 21
‑
4
‑
316(a), (b)(intro), (c)(i) through (iii), (vii), (viii), (d)(intro), (ii), (e)(i), (ii), (iv) and (v), 33
‑
24
‑
158(b), 35
‑
4
‑
902(a)(viii), 35
‑
4
‑
903(a)(intro), (b)(intro) and (ii), 35
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4
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904(a), (b)(intro) and (c), 35
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4
‑
905 and 35
‑
4
‑
906(a) through (e) are amended to read:
21
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4
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310.
Self
‑
administration of medication for potentially life threatening conditions.
(c)
As used in this section:
(iii)
"Medication required for potentially life threatening conditions" includes, but is not limited to asthma medication and prescription
single dose
epinephrine
.
pens.
21
‑
4
‑
316.
Administration of stock epinephrine.
(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:
(c)
Not later than December 31, 2014,
T
he 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
the
administration of epinephrine
auto
‑
injectors
under this act;
(ii)
Identification of appropriate and acceptable epinephrine
auto
‑
injectors
administration devices or methods
;
(iii)
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;
(vii)
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;
(viii)
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;
(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:
(ii)
An authorized health care provider who prescribes stock epinephrine
;
auto
‑
injectors;
and
(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;
(iv)
"Provide" means the supply of one (1) or more stock epinephrine
auto
‑
injectors
doses
;
(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.
33
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24
‑
158.
Prescription of epinephrine or opiate antagonist by pharmacist.
(b)
The board, in cooperation with the Wyoming state board of medicine, shall adopt rules specifying the requirements a pharmacist shall meet in order to prescribe
an
epinephrine
auto
‑
injector
or an opiate antagonist.
35
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4
‑
902.
Definitions.
(a)
As used in this article:
(viii)
"Epinephrine
"
auto
‑
injector"
means
an automatic injectable
a
device
or method
that administers the drug epinephrine to a person experiencing anaphylaxis and includes epipens
, nasal sprays
or any other device
or method
under a different
brand
name used for emergency epinephrine delivery for the treatment of anaphylaxis and which device
or method
is approved by the United States food and drug administration.
35
‑
4
‑
903.
Prescription of epinephrine or opiate antagonist.
(a)
A practitioner or a pharmacist acting in good faith and exercising reasonable care may, without a prescriber
‑
patient relationship, prescribe
an
epinephrine
auto
‑
injector
or an opiate antagonist to:
(b)
A practitioner or pharmacist who prescribes
an
epinephrine
auto
‑
injector
or an opiate antagonist under this article shall provide education to the person to whom the epinephrine
auto
‑
injector
or opiate antagonist is prescribed, which shall include written instruction on how to:
(ii)
Respond appropriately to an anaphylaxis or opiate related drug overdose event, including how to administer epinephrine
through use of an epinephrine auto
‑
injector
or administer an opiate antagonist;
35
‑
4
‑
904.
Standing order for epinephrine or opiate antagonist; anaphylaxis and drug overdose treatment policy; rules.
(a)
A practitioner acting in good faith and exercising reasonable care may prescribe by a standing order
an
epinephrine
auto
‑
injector
or an opiate antagonist to an entity that, in the course of the entity's official duties or business, may be in a position to assist a person experiencing anaphylaxis or an opiate related drug overdose.
(b)
An entity prescribed
an
epinephrine
auto
‑
injector
or an opiate antagonist by standing order shall establish an anaphylaxis or a drug overdose treatment policy in accordance with rules adopted by the department of health. The anaphylaxis or drug overdose treatment policy shall:
(c)
The Wyoming state board of medicine and the Wyoming state board of nursing may adopt rules as necessary to implement and administer
a
prescription of
an
epinephrine
auto
‑
injector
or an opiate antagonist by a standing order.
35
‑
4
‑
905.
Voluntary participation.
This article does not establish a duty or standard of care for a person to prescribe or administer epinephrine
, through use of an epinephrine auto
‑
injector,
or an opiate antagonist.
35
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4
‑
906.
Administration of epinephrine or opiate antagonist; immunity from liability; exemption from unprofessional conduct; relation to other law.
(a)
A person acting in good faith may administer epinephrine
through use of an epinephrine auto
‑
injector
or an opiate antagonist to another person who appears to be experiencing anaphylaxis or an opiate related drug overdose.
(b)
A person who administers epinephrine
through use of an epinephrine auto
‑
injector
or an opiate antagonist pursuant to this article is personally immune from civil or criminal liability for any act or omission resulting in damage or injury.
(c)
A practitioner or pharmacist who prescribes
an
epinephrine
auto
‑
injector
or
an
opiate antagonist pursuant to this article is personally immune from civil or criminal liability for any act or omission resulting in damage or injury.
(d)
An entity that establishes an anaphylaxis or drug overdose treatment policy pursuant to this article is immune from civil or criminal liability for any act or omission related to the administration of epinephrine
through use of an epinephrine auto
‑
injector
or an opiate antagonist resulting in damage or injury.
(e)
Prescribing
an
epinephrine
auto
‑
injector
or
an
opiate antagonist by a practitioner or pharmacist pursuant to this article shall not constitute unprofessional conduct.
Section 2.
The department of education, the department of health and the board of pharmacy shall promulgate all rules necessary to implement this act.
Section 3.
(a)
Except as provided in subsection (b) of this section, this act is effective July 1, 2026
.
(b)
Sections 2 and 3 of this section are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
Speaker of the House
President of the Senate
Governor
TIME APPROVED: _________
DATE APPROVED: _________
I hereby certify that this act originated in the Senate.
Chief Clerk
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