HB 20-1283

Abstract

The bill amends existing law relating to the administration of epinephrine auto-injectors to include permitting public schools to obtain a stock supply of inhalers containing albuterol (inhaler) that the school nurse or trained school personnel may administer to a student who the school nurse or trained personnel believe is experiencing respiratory distress. Persons administering an inhaler must complete training on administering an inhaler and on recognizing symptoms of respiratory distress. The state board of education, with assistance from the department of public health and environment, shall promulgate rules for the administration of inhalers to students, including education and training necessary for personnel administering inhalers. The inhalers may be obtained and used through standing orders and protocols issued by a licensed physician and other medical personnel with prescriptive authority. Schools may seek monetary donations to purchase inhalers and may enter into arrangements with manufacturers and suppliers to obtain inhalers at reduced prices or for free. If a school district acts consistent with the law and does not engage in willful or wanton conduct that causes damages, the school, school district, and school employees are immune from civil liability for any damages related to administering the inhaler to a student who was believed to be in respiratory distress. In addition, the bill amends existing law relating to the administration of epinephrine auto-injectors outside of school settings to include permitting authorized entities, such as recreation camps, amusement parks, and sports arenas, to obtain a stock supply of inhalers containing albuterol to administer to persons believed to be in respiratory distress. Persons administering the inhalers for authorized entities must complete training on administering an inhaler and on recognizing symptoms of respiratory distress. The inhalers may be obtained and used through standing orders and protocols issued by a licensed physician and other medical personnel with prescriptive authority. Authorized entities may seek monetary donations to purchase inhalers. If an authorized entity acts consistent with the law and does not engage in willful or wanton conduct that causes damages, the authorized entity and its employees are immune from criminal liability or civil suit for any damages related to administering the inhaler to a person who was believed to be in respiratory distress. A physician, school nurse, pharmacist, and other medical personnel acting in accordance with the law are not subject to discipline by a licensing board for either administering an inhaler in a school or for prescribing inhalers for a school or a designated entity. (Note: This summary applies to this bill as introduced.)