School Access to Emergency Epinephrine Act

School Access to Emergency Epinephrine Act - Amends the Public Health Service Act, with respect to asthma-related grants for child health services, to give an additional preference to a state that allows self-administration of asthma and anaphylaxis medication and makes a certification concerning the adequacy of the state's civil liability protection law to protect trained school personnel who may administer epinephrine to a student reasonably believed to be having an anaphylactic reaction.

Requires elementary and secondary schools in such a state to: (1) permit trained personnel to administer epinephrine to a student reasonably believed to be having such a reaction, (2) maintain a supply of epinephrine in a secure location that is easily accessible to trained personnel for such treatment, and (3) have in place a plan for having on the school premises during operating hours one or more designated personnel trained in administration of epinephrine.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1503 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1503

   To amend the Public Health Service Act to increase the preference 
  given, in awarding certain asthma-related grants, to certain States 
(those allowing trained school personnel to administer epinephrine and 
                  meeting other related requirements).


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2013

Mr. Durbin (for himself, Mr. Kirk, Mr. Bennet, Mr. Cardin, Mr. Warner, 
 Mr. Tester, Mrs. Shaheen, Mr. Baucus, Ms. Landrieu, Mr. Cochran, Mr. 
  Whitehouse, Mr. Rubio, Mr. Johnson of South Dakota, Mr. Blunt, Ms. 
Cantwell, Ms. Mikulski, Mr. Blumenthal, Mr. Sanders, Mr. Franken, Mrs. 
 Hagan, and Mr. Markey) introduced the following bill; which was read 
 twice and referred to the Committee on Health, Education, Labor, and 
                                Pensions

_______________________________________________________________________

                                 A BILL


 
   To amend the Public Health Service Act to increase the preference 
  given, in awarding certain asthma-related grants, to certain States 
(those allowing trained school personnel to administer epinephrine and 
                  meeting other related requirements).

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``School Access to Emergency 
Epinephrine Act''.

SEC. 2. ADDITIONAL PREFERENCE TO CERTAIN STATES THAT ALLOW TRAINED 
              SCHOOL PERSONNEL TO ADMINISTER EPINEPHRINE.

    Section 399L(d) of part P of title III of the Public Health Service 
Act (42 U.S.C. 280g(d)) is amended--
            (1) in paragraph (1), by adding at the end the following:
                    ``(F) School personnel administration of 
                epinephrine.--In determining the preference (if any) to 
                be given to a State under this subsection, the 
                Secretary shall give additional preference to a State 
                that provides to the Secretary the certification 
                described in subparagraph (G) and that requires that 
                each public elementary school and secondary school in 
                the State--
                            ``(i) permits trained personnel of the 
                        school to administer epinephrine to any student 
                        of the school reasonably believed to be having 
                        an anaphylactic reaction;
                            ``(ii) maintains a supply of epinephrine in 
                        a secure location that is easily accessible to 
                        trained personnel of the school for the purpose 
                        of administration to any student of the school 
                        reasonably believed to be having an 
                        anaphylactic reaction; and
                            ``(iii) has in place a plan for having on 
                        the premises of the school during all operating 
                        hours of the school one or more individuals who 
                        are trained personnel of the school.
                    ``(G) Civil liability protection law.--The 
                certification required in subparagraph (F) shall be a 
                certification made by the State attorney general that 
                the State has reviewed any applicable civil liability 
                protection law to determine the application of such law 
                with regard to elementary and secondary school trained 
                personnel who may administer epinephrine to a student 
                reasonably believed to be having an anaphylactic 
                reaction and has concluded that such law provides 
                adequate civil liability protection applicable to such 
                trained personnel. For purposes of the previous 
                sentence, the term `civil liability protection law' 
                means a State law offering legal protection to 
                individuals who give aid on a voluntary basis in an 
                emergency to an individual who is ill, in peril, or 
                otherwise incapacitated.''; and
            (2) in paragraph (3), by adding at the end the following:
                    ``(E) The term `trained personnel' means, with 
                respect to an elementary or secondary school an 
                individual--
                            ``(i) who has been designated by the 
                        principal (or other appropriate administrative 
                        staff) of the school to administer epinephrine 
                        on a voluntary basis outside their scope of 
                        employment;
                            ``(ii) who has received training in the 
                        administration of epinephrine; and
                            ``(iii) whose training in the 
                        administration of epinephrine meets appropriate 
                        medical standards and has been documented by 
                        appropriate administrative staff of the 
                        school.''.
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