MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Education; Public Health and Human Services
By: Representative Evans (91st)
AN ACT TO CREATE NEW SECTION 41-79-33, MISSISSIPPI CODE OF 1972, TO PRESCRIBE AND DEFINE TERMS USED IN ASSOCIATION WITH THE PROVISION, STORAGE AND SELF-ADMINISTRATION OF EPINEPHRINE AUTO-INJECTORS ON SCHOOL PROPERTY; TO CREATE NEW SECTION 41-79-35, MISSISSIPPI CODE OF 1972, TO PERMIT AN AUTHORIZED HEALTH CARE PROVIDER TO PRESCRIBE EPINEPHRINE AUTO-INJECTORS IN THE NAME OF A SCHOOL TO BE USED IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT; TO AUTHORIZE SCHOOLS TO MAINTAIN A STOCK OF EPINEPHRINE TO BE USED IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT; TO AUTHORIZE SCHOOLS TO DESIGNATE A SCHOOL NURSE OR OTHER PERSONNEL MEMBER TO ADMINISTER EPINEPHRINE IN CERTAIN SITUATIONS; TO CREATE NEW SECTION 41-79-37, MISSISSIPPI CODE OF 1972, TO ALLOW LOCAL SCHOOL BOARDS TO ENTER INTO ARRANGEMENTS WITH MANUFACTURERS OR SUPPLIERS OF EPINEPHRINE TO OBTAIN EPINEPHRINE AUTO-INJECTORS AT FAIR-MARKET VALUE, FREE OR REDUCED PRICES; TO CREATE NEW SECTION 41-79-39, MISSISSIPPI CODE OF 1972, TO REQUIRE DESIGNATED SCHOOL PERSONNEL TO COMPLETE THE ANAPHYLAXIS TRAINING PROGRAM BEFORE PROVIDING OR ADMINISTERING AN EPINEPHRINE AUTO-INJECTOR AND TO UNDERGO ADDITIONAL TRAINING AT LEAST EVERY TWO YEARS; TO REQUIRE THE TRAINING TO BE CONDUCTED BY A NATIONALLY RECOGNIZED ORGANIZATION EXPERIENCED IN EMERGENCY HEALTH TREATMENT TRAINING OR AN INDIVIDUAL APPROVED BY THE MISSISSIPPI DEPARTMENT OF HEALTH; TO CREATE NEW SECTION 41-79-41, MISSISSIPPI CODE OF 1972, TO REQUIRE SCHOOLS THAT POSSESS AND STOCK A SUPPLY OF EPINEPHRINE AUTO-INJECTORS TO SUBMIT A REPORT OF EACH INCIDENT THAT INVOLVES A SEVERE ALLERGIC REACTION OR THE ADMINISTRATION OF AN EPINEPHRINE AUTO-INJECTOR TO THE STATE DEPARTMENT OF EDUCATION; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO ANNUALLY PUBLISH A SUMMARY REPORT AND ANALYSIS OF ALL SUCH REPORTS RECEIVED; TO PROVIDE IMMUNITY FOR ACTIONS OF CERTAIN PERSONNEL OF THE SCHOOL DISTRICT WHO ARE AUTHORIZED TO ADMINISTER THE EPINEPHRINE AUTO-INJECTOR WHICH MAY CONSTITUTE ORDINARY NEGLIGENCE; TO CREATE NEW SECTION 41-79-43, MISSISSIPPI CODE OF 1972, TO PERMIT AUTHORIZED HEALTH CARE PROVIDERS TO PRESCRIBE EPINEPHRINE AUTO-INJECTORS IN THE NAME OF AN AUTHORIZED ENTITY TO BE USED IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT; TO PERMIT AUTHORIZED ENTITIES TO MAINTAIN A STOCK OF EPINEPHRINE TO BE USED IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT; TO REQUIRE DESIGNATED EMPLOYEES OR AGENTS OF AN AUTHORIZED ENTITY TO COMPLETE THE ANAPHYLAXIS TRAINING PROGRAM BEFORE PROVIDING OR ADMINISTERING AN EPINEPHRINE AUTO-INJECTOR AND TO UNDERGO ADDITIONAL TRAINING AT LEAST EVERY TWO YEARS; TO REQUIRE THE TRAINING TO BE CONDUCTED BY A NATIONALLY RECOGNIZED ORGANIZATION EXPERIENCED IN EMERGENCY HEALTH TREATMENT TRAINING OR AN INDIVIDUAL APPROVED BY THE MISSISSIPPI DEPARTMENT OF HEALTH; TO CREATE NEW SECTION 41-79-45, MISSISSIPPI CODE OF 1972, TO PROVIDE IMMUNITY FOR ACTIONS OF CERTAIN PERSONNEL OF THE AUTHORIZED ENTITY WHO ARE AUTHORIZED TO ADMINISTER THE EPINEPHRINE AUTO-INJECTOR WHICH MAY CONSTITUTE ORDINARY NEGLIGENCE; TO AUTHORIZE ENTITIES THAT POSSESS AND STOCK A SUPPLY OF EPINEPHRINE AUTO-INJECTORS TO SUBMIT A REPORT OF EACH INCIDENT THAT INVOLVES A SEVERE ALLERGIC REACTION OR THE ADMINISTRATION OF AN EPINEPHRINE AUTO-INJECTOR TO THE MISSISSIPPI DEPARTMENT OF HEALTH; TO REQUIRE AUTHORIZED ENTITIES THAT POSSESS AND STOCK A SUPPLY OF EPINEPHRINE AUTO-INJECTORS TO SUBMIT A REPORT OF EACH INCIDENT OF ADMINISTRATION OF AN EPINEPHRINE AUTO-INJECTOR OCCURRING ON ITS PREMISES; TO REQUIRE THE MISSISSIPPI DEPARTMENT OF HEALTH TO ANNUALLY PUBLISH A SUMMARY REPORT AND ANALYSIS OF ALL SUCH REPORTS RECEIVED; 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. As used in this act, the following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a) "Administer" means the direct application of an epinephrine auto-injector to the body of an individual.
(b) "Authorized entity" means any entity or organization at or in connection with which allergens capable of causing anaphylaxis may be present, including, but not limited to, restaurants, recreation camps, youth sports leagues, amusement parks, and sports arenas.
(c) "Authorized health care provider" means an individual allowed by law to prescribe and administer prescription drugs in the course of professional practice.
(d) "Designated school personnel" means an employee, agent, or volunteer of a school designated by the local school board of the school who has completed the training required under this Act to provide or administer an epinephrine auto-injector.
(e) "Epinephrine auto-injector" means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.
(f) "Provide" means the supply of one or more epinephrine auto-injectors to an individual.
(g) "School" means any public or nonpublic school.
(h) "Self-administration" means a student or other person's discretionary use of an epinephrine auto-injector, whether provided by the student or by a school nurse or designated school personnel pursuant to this section.
SECTION 2. The following shall be codified as Section 41-79-35, Mississippi Code of 1972:
41-79-35. (1) An authorized health care provider may prescribe epinephrine auto-injectors in the name of a school for use in accordance with this section, and pharmacists and physicians may dispense epinephrine auto-injectors in accordance with a prescription issued in the name of a school. A school may maintain a stock supply of epinephrine auto-injectors for use in accordance with the provisions this section.
(2) School nurses and designated school personnel may, upon authorization by the local school board, use epinephrine auto-injectors prescribed under this act to:
(a) Provide an epinephrine auto-injector to a student for self-administration in accordance with a prescription specific to the student on file with the school as required under Section 41-79-31;
(b) Administer an epinephrine auto-injector to a student in accordance with a prescription specific to the student on file with the school as required under Section 41-79-31; and
(c) Administer an epinephrine auto-injector to any student or other individual, on school premises, at school-sponsored events or at any other time the student or individual is subject to the school's jurisdiction or supervision, who the school nurse or designated school personnel believes in good faith is experiencing anaphylaxis in accordance with a standing protocol from an authorized health care provider, regardless of whether the student or other individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.
SECTION 3. The following shall be codified as Section 41-79-37, Mississippi Code of 1972:
41-79-37. A local school board may enter into arrangements with manufacturers of epinephrine auto-injectors or third-party suppliers of epinephrine auto-injectors to obtain epinephrine auto-injectors at fair-market, free or reduced prices.
SECTION 4. The following shall be codified as Section 41-79-39, Mississippi Code of 1972:
41-79-39. (1) Designated school personnel must complete an anaphylaxis training program before providing or administering an epinephrine auto-injector made available by a school, and shall undergo additional anaphylaxis training at least every two (2) years following completion of the initial anaphylaxis training program. The training shall be conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or other entity or individual approved by the Mississippi Department of Health. Training may be conducted online or in person and, at a minimum, shall cover:
(a) Techniques on how to recognize symptoms of severe allergic reactions, including anaphylaxis;
(b) Standards and procedures for the storage and administration of an epinephrine auto-injector; and
(c) Emergency follow-up procedures.
The entity that conducts the training shall issue a certificate, on a form developed or approved by the Mississippi Department of Health, to each person who successfully completes the anaphylaxis training program.
(2) Not later than October 1, 2014, the State Department of Education, in consultation with the Mississippi Department of Health, shall develop and make available to all schools guidelines for the management of students with life-threatening food allergies. The guidelines shall include, but need not be limited to:
(a) Education and training for school personnel on the management of students with life-threatening allergies, including training related to the administration of an epinephrine auto-injector;
(b) Procedures for responding to life-threatening allergic reactions;
(c) A process for the development of individualized health care and allergy action plans for every student with a known life-threatening allergy; and
(d) Protocols to prevent exposure to allergens.
(3) Not later than October 1, 2014, the local school board shall:
(a) Implement a plan based on the guidelines developed pursuant to this subsection for the management of students with life-threatening allergies enrolled in the schools under its jurisdiction; and
(b) Make the plan available on the school district's website or the website of each school under the local school board's jurisdiction, or if the websites do not exist, make the plan publicly available through other practicable means as determined by the local school board.
SECTION 5. The following shall be codified as Section 41-79-41, Mississippi Code of 1972:
41-79-41. (1) A school that possesses and makes available a stock supply of epinephrine auto-injectors pursuant to this section shall submit to the State Department of Education, on a form developed by the State Department of Education, a report of each incident that involves a severe allergic reaction or the administration of an epinephrine auto-injector. The State Department of Education shall annually publish a report that summarizes and analyzes all reports submitted to it under this section.
(2) A school that possesses and makes available epinephrine auto-injectors and its local school board, school nurses, employees, agents and volunteers, an authorized health care provider that prescribes epinephrine auto-injectors to a school, and an individual or entity that conducts the training described in this act shall not be liable for damages for any injuries that result from the administration of, self-administration of, or failure to administer an epinephrine auto-injector that may constitute ordinary negligence, 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 an epinephrine auto-injector 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 Section 95-9-1.
SECTION 6. The following shall be codified as Section 41-79-43, Mississippi Code of 1972:
41-79-43. (1) An authorized health care provider may prescribe epinephrine auto-injectors in the name of an authorized entity for use in accordance with this section, and pharmacists and physicians may dispense epinephrine auto-injectors in accordance with a prescription issued in the name of an authorized entity.
(2) An authorized entity may acquire and stock a supply of epinephrine auto-injectors pursuant to a prescription issued in accordance with this section. The epinephrine auto-injectors shall be stored in a location readily accessible in an emergency and in accordance with the epinephrine auto-injector's instructions for use and any additional requirements that may be established by the Mississippi Department of Health. An authorized entity shall designate employees or agents who have completed the training required by this act to be responsible for the storage, maintenance, and general oversight of epinephrine auto-injectors acquired by the authorized entity.
(3) An employee or agent of an authorized entity, or other individual, who has completed the training required by this act may, on the premises of or in connection with the authorized entity, use epinephrine auto-injectors prescribed under this act to:
(a) Provide an epinephrine auto-injector to any individual who the employee, agent or other individual believes in good faith is experiencing anaphylaxis for immediate self-administration, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy; or
(b) Administer an epinephrine auto-injector to any individual who the employee, agent or other individual believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.
(4) An employee, agent or other individual described in subsection (3) of this section must complete an anaphylaxis training program before providing or administering an epinephrine auto-injector made available by an authorized entity, and shall undergo additional anaphylaxis training at least every two (2) years following completion of the initial anaphylaxis training program. The training shall be conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or other entity or individual approved by the Mississippi Department of Health. Training may be conducted online or in person and, at a minimum, shall cover:
(a) Techniques on how to recognize symptoms of severe allergic reactions, including anaphylaxis;
(b) Standards and procedures for the storage and administration of an epinephrine auto-injector; and
(c) Emergency follow-up procedures.
The entity that conducts the training shall issue a certificate, on a form developed or approved by the Mississippi Department of Health, to each person who successfully completes the anaphylaxis training program.
SECTION 7. The following shall be codified as Section 41-79-45, Mississippi Code of 1972:
41-79-45. (1) An authorized entity that possesses and makes available epinephrine auto-injectors and its employees, agents and other trained individuals, an individual who uses an epinephrine auto-injector made available, an authorized health care provider that prescribes epinephrine auto-injectors to an authorized entity, and an individual or entity that conducts the training described in Section 41-79-43 shall not be liable for any injuries or related damages that result from the administration of, self-administration of, or failure to administer an epinephrine auto-injector in accordance with this section that may constitute ordinary negligence. This immunity does not apply to acts or omissions constituting gross, willful, or wanton negligence. The administration of an epinephrine auto-injector in accordance with this section is not the practice of medicine. The immunity from liability provided under this subsection is in addition to and not in lieu of that provided under Section 95-9-1. An entity located in this state shall not be liable for any injuries or related damages that result from the provision or administration of an epinephrine auto-injector by its employees or agents outside of this state if the entity or its employee or agent would not have been liable for such injuries or related damages had the provision or administration occurred within this state.
(2) An authorized entity that possesses and makes available epinephrine auto-injectors shall submit to the Mississippi Department of Health, on a form developed by the department, a report of each incident on the authorized entity's premises that involves the administration of an epinephrine auto-injector. The department shall annually publish a report that summarizes and analyzes all reports submitted to it under this subsection.
(3) An authorized entity that acquires a stock supply of epinephrine auto-injectors in accordance with a prescription issued as provided under this section may make the epinephrine auto-injectors available to individuals other than those trained individuals described in Section 41-79-43 if the epinephrine auto-injectors are stored in a locked, secure container and are made available only upon remote authorization by an authorized health care provider after consultation with the authorized health care provider by audio, tele-video or other similar means of electronic communication. Consultation with an authorized health care provider for this purpose shall not be considered the practice of telemedicine or otherwise be construed as violating any law or rule regulating the authorized health care provider's professional practice.
SECTION 8. This act shall take effect and be in force from and after July 1, 2014.