SB118

SYNOPSIS: Under existing law, students attending public and nonpublic K-12 schools are permitted to self-administer certain approved medications while on school property and the State Department of Education is required to develop and anaphylaxis preparedness program to recognize, prevent, and respond to severe allergic reactions on public school campuses.

This bill would name the self-administration law and the anaphylaxis preparedness program law together as the Kyle Graddy Act.

This bill would specifically allow the possession and self-administration of single dose autoinjectable epinephrine by a school student.

This bill would also provide further for the definition of single dose autoinjectable epinephrine.

A BILL TO BE ENTITLED AN ACT

To amend Sections 16-1-39 and 16-1-48, Code of Alabama 1975, relating to the administration of medications on K-12 school campuses; to name the code sections together as the Kyle Graddy Act; to allow the possession and self-administration of single dose autoinjectable epinephrine by students; and to provide further for the definition of single dose autoinjectable epinephrine.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This section shall be known and may be cited as the Kyle Graddy Act.Section 2. Sections 16-1-39 and 16-1-48 of the Code of Alabama 1975, are amended to read as follows:

§16-1-39.

"(a) Commencing with the 2007-2008 scholastic year, each local board of education and the governing body of each nonpublic school in the state shall permit the self-administration of medications by a student for chronic conditions if conducted in compliance with the State Department of Education and State Board of Nursing Medication Curriculum, as may be amended from time to time by the department and board. Approved medications may be self-administered if the parent or legal guardian of the student provides all of the information outlined in the medication curriculum, including, but not limited to, all of the following:

"(1) Written and signed authorization for the self-administration to the chief executive officer of the school.

"(2) Written and signed acknowledgement that the school shall incur no liability and that the parent or legal guardian shall indemnify and hold harmless the school and the employees and agents of the school against any claims that may arise relating to the self-administration of approved medications.

"(3) Written medical authorization that includes all of the following:

"a. The signature of the attending physician, or his or her authorized agent.

"b. Confirmation that the student has been instructed in the proper self-administration of the approved medication.

"c. The name, purpose, and prescribed dosage of the medications to be self-administered.

"d. The frequency with which the prescribed medications are to be administered.

"e. Any special instructions or circumstances under which the medications should be administered.

"f. The length of time for which the medications are prescribed.

"(b) All documents provided to a school pursuant to subsection (a) shall be kept on file in the office of the school nurse or chief executive officer of the school.

"(c) The local board of education or the governing body of the nonpublic school shall incur no liability and is immune from any liability exposure created by this section.

"(d) Permission for the self-administration of approved medications shall only be effective for the school year in which permission is granted. Permission for self-administration of approved medications may be granted in subsequent years provided all requirements of this section are satisfied.

"(e) Upon obtaining permission to self-administer approved medications pursuant to this section, a student shall be permitted to possess and self-administer approved medications, according to the orders of the prescriber, at any time while on school property or while attending a school-sponsored event.

"(f) Nothing in this section shall be interpreted as permitting a student to possess a controlled substance, as defined in the medication curriculum, on school property.

"(g) Single dose autoinjectable epinephrine, as defined in susection (c) of Section 16-1-48, is an approved medication for purposes of subsection (a) that may be carried on the person of and self-administered by a student.

§16-1-48.

"(a) The State Department of Education shall develop an anaphylaxis preparedness program to be adopted by each local board of education and implemented in each K-12 public school commencing with the 2015-2016 scholastic year. The Alabama State Board of Pharmacy shall provide guidance, direction, and advice to the State Department of Education in developing and administering the anaphylaxis preparedness program.

"(b) The anaphylaxis preparedness program shall incorporate the following three levels of prevention initiated by licensed public school nurses as a part of the health services program:

"(1) Level I, primary prevention: Education programs that address food allergies and anaphylaxis through both classroom and individual instruction for staff and students.

"(2) Level II, secondary prevention: Identification and management of chronic illness.

"(3) Level III, tertiary prevention: The development of a planned response to anaphylaxis-related emergencies in the school setting.

"(c) Each local board of education may collaborate with a physician to develop and maintain a protocol for emergency response that shall include a supply of premeasured, autoinjectable epinephrine single dose autoinjectable epinephrine on each public school campus to treat potentially life threatening allergic reactions. Single dose autoinjectable epinephrine consists of a disposable autoinjectable drug delivery device that is easily transportable and contains a premeasured single dose of epinephrine. Single dose autoinjectable epinephrine may be self-administered at school by a student pursuant to Section 16-1-39 or may be administered or provided to school children by the school nurse, or unlicensed school personnel who have completed an anaphylaxis training program conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or other medication administration program approved by the State Department of Education and State Board of Nursing. Training may be conducted online or in person and, at a minimum, shall cover each of the following:

"(1) Techniques on how to recognize symptoms of severe allergic reactions, including anaphylaxis.

"(2) Standards and procedures for the storage and administration of an single dose autoinjectable epinephrine.

"(3) Emergency follow-up procedures.

"(d) A school that possesses and makes available single dose autoinjectable epinephrine and its employees, agents, and other trained personnel, and any person who conducts the training described in subsection (c), shall be immune from suit and not liable for any civil damages resulting from any acts or omissions in the supervision or rendering of services, care, or assistance to a student under this section, nor for any civil damages resulting from any act, or failure to act, to provide or arrange for further treatment, care, or assistance. No information or protocols produced related to this section shall be construed to establish a standard of care for physicians or otherwise modify, amend, or supersede any provision of the Alabama Medical Liability Act of 1996, commencing with Section 6-5-540, or any amendment thereto, or any judicial interpretation thereof. Any provision of law to the contrary notwithstanding, a physician who is consulted or participates in regard to anaphylaxis-related emergencies, or develops, maintains, or is otherwise associated with, a protocol under this section, or takes any other action associated with, or related to, this section, is immune from all civil and criminal liability for any such acts.

"(e) The requirement that a supply of premeasured, single dose autoinjectable epinephrine be secured and maintained on each public school campus shall only be enforced if funding is provided by the state."

Section 3. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Education

Schools

Epinephrine

School Nurses

Popular Names

Code Amended