MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Education
By: Senator(s) Tindell
AN ACT TO CREATE NEW SECTION 41-79-33, MISSISSIPPI CODE OF 1972, TO REQUIRE PUBLIC 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; TO AMEND SECTION 41-79-31, MISSISSIPPI CODE OF 1972, IN CONFORMITY; 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:
(a) "Administer" means the direct application of an epinephrine auto-injector to the body of an individual.
(b) "Authorized health care provider" means an individual allowed by law to prescribe and administer prescription drugs in the course of professional practice.
(c) "Designated school personnel" means an employee, agent or volunteer of a school designated by the local school board who has completed the training required under this section to provide or administer an epinephrine auto-injector.
(d) "Epinephrine auto-injector" means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.
(e) "Provide" means the supply of one or more epinephrine auto-injectors to an individual.
(f) "School" means any public school.
(g) "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.
(2) 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 pursuant to 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 this section.
(3) The school board of each local public 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.
(4) Each public 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.
(5) A school 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 educed prices.
(6) Designated school personnel must complete an anaphylaxis training program prior to providing or administering an epinephrine auto-injector made available by a school and at least every two (2) years following completion of the initial anaphylaxis training program. Such 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 State 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.
(7) Not later than July 1, 2014, the State Department of Education, in consultation with the State 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.
Not later than July 1, 2014, the local school board shall:
(i) 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
(ii) Make such plan available on such governing authority's website or the website of each school under such governing authority's jurisdiction, or if such websites do not exist, make such plan publicly available through other practicable means as determined by such governing authority.
(8) 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 or on a form developed by the State Department of Education or 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.
(9) (a) A school that possesses and makes available epinephrine auto-injectors and its school board, school nurses, employees, agents and volunteers; (b) an authorized health care provider that prescribes epinephrine auto-injectors to a school; and (c) an individual or entity that conducts the training described in this section 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 the Good Samaritan statute.
(10) Each public 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. Section 41-79-31, Mississippi Code of 1972, is amended as follows:
41-79-31. (1) The school
board of each local public school district * * * shall permit the self-administration of
asthma and anaphylaxis medication pursuant to the requirements of this section.
(2) As used in this section:
(a) "Parent" means parent or legal guardian.
(b) "Asthma and anaphylaxis medication" means inhaled bronchodilator and auto-injectable epinephrine.
(c) "Self-administration of prescription asthma and/or anaphylaxis medication" means a student's discretionary use of prescription asthma and/or anaphylaxis medication.
(3) A student with asthma and/or anaphylaxis is entitled to possess and self-administer prescription asthma and/or anaphylaxis medication while on school property, on school provided transportation, or at a school-related event or activity if:
(a) The prescription asthma and/or anaphylaxis medication has been prescribed for that student as indicated by the prescription label on the medication;
(b) The self-administration is done in compliance with the prescription or written instructions from the student's physician or other licensed health care provider; and
(c) A parent of the student provides to the school:
(i) Written authorization, signed by the parent, for the student to self-administer prescription asthma and/or anaphylaxis medication while on school property or at a school-related event or activity;
(ii) A written statement, signed by the parent, in which the parent releases the school district and its employees and agents from liability for an injury arising from the student's self-administration of prescription asthma and/or anaphylaxis medication while on school property or at a school-related event or activity unless in cases of wanton or willful misconduct;
(iii) A written statement from the student's physician or other licensed health care provider, signed by the physician or provider, that states:
1. That the student has asthma and/or anaphylaxis and is capable of self-administering the prescription asthma and/or anaphylaxis medication;
2. The name and purpose of the medication;
3. The prescribed dosage for the medication;
4. The times at which or circumstances under which the medication may be administered; and
5. The period for which the medication is prescribed.
(4) The physician's statement must be kept on file in the office of the school nurse of the school the student attends or, if there is not a school nurse, in the office of the principal of the school the student attends.
(5) If a student uses his/her medication in a manner other than prescribed, he/she may be subject to disciplinary action under the school codes. The disciplinary action shall not limit or restrict the student's immediate access to the medication.
(6) The school board of each school district shall require each school within the district to keep onsite, in the office of the school nurse or, if there is not a school nurse, in the office of the principal, auto-injectable epinephrine to be used as provided under Section 41-79-33.
SECTION 3. This act shall take effect and be in force from and after July 1, 2014.