House Bill 26

AN ACT TO CREATE NEW SECTION 41-79-33, MISSISSIPPI CODE OF 1972, TO REQUIRE PUBLIC SCHOOL DISTRICTS AND PRIVATE AND PAROCHIAL SCHOOLS OR SCHOOL DISTRICTS TO ADOPT A POLICY AUTHORIZING A SCHOOL NURSE OR TRAINED SCHOOL EMPLOYEE TO ADMINISTER AUTO-INJECTABLE EPINEPHRINE TO A STUDENT WHO IS HAVING AN ANAPHYLACTIC REACTION; TO REQUIRE THAT AT LEAST ONE EMPLOYEE AT EACH SCHOOL RECEIVE TRAINING FROM A REGISTERED NURSE OR A LICENSED MEDICAL PHYSICIAN IN THE ADMINISTRATION OF AUTO-INJECTABLE EPINEPHRINE; TO AUTHORIZE SCHOOLS TO MAINTAIN A SUPPLY OF AUTO-INJECTABLE EPINEPHRINE AT THE SCHOOL IN A SECURE LOCATION; TO AUTHORIZE PHYSICIANS TO PRESCRIBE EPINEPHRINE AUTO-INJECTORS IN THE NAME OF THE SCHOOL SYSTEM OR THE INDIVIDUAL SCHOOL TO BE MAINTAINED FOR USE AS PROVIDED IN THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 41-79-33, Mississippi Code of 1972:

41-79-33. (1) As used in this section, the term "auto-injectable epinephrine" means a medical device for the immediate administration of epinephrine to a person at risk for anaphylaxis.

(2) The school board of each local public school district and the governing body of each private and parochial school or school district shall adopt a policy authorizing a school nurse or trained school employee to administer auto-injectable epinephrine to a student who the school nurse or trained school employee, in good faith, professionally believes is having an anaphylactic reaction, whether or not the student has a prescription for epinephrine. At least one (1) employee at each school shall receive training from a registered nurse or a licensed medical physician in the administration of auto-injectable epinephrine. The school nurse or trained employee may administer the auto-injectable epinephrine to respond to a student's anaphylactic reaction, under a standing protocol from a physician licensed to practice medicine in the state.

(3) Each public, private and parochial school may maintain a supply of auto-injectable epinephrine at the school in a locked, secure, and easily accessible location. A licensed physician may prescribe epinephrine auto-injectors in the name of the school system or the individual school to be maintained for use when deemed necessary under the provisions of this section.

(4) Each public, private and parochial school shall include the policy required by this section in its student handbook and post the policy on the school's website, if it has one. The school also shall disclose the policy to any parent or other legal guardian who notifies the school in which the student is enrolled, in writing, that the student has an allergy or other condition which puts him or her at risk of anaphylaxis.

SECTION 2. This act shall take effect and be in force from and after July 1, 2013.