Georgia CommonsHB 1056: Education; replace term auto-injectable epinephrine with epinephrine and consolidate provisions relating to epinephrine and schools
Introduced version, the latest LegiScan holds · Last action March 6, 2026 · Introduced
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
House Bill 1056
By: Representatives Townsend of the 179th, Erwin of the 32nd, Glaize of the 67th, Donatucci of the 105th, Stephens of the 164th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to replace the term "auto-injectable epinephrine" with "epinephrine" and to consolidate provisions relating to epinephrine and schools; to revise a definition; to make conforming changes; to amend Chapter 4 of Title 26 and Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies and general provisions relative to health, respectively, so as to replace the term "auto-injectable epinephrine" with "epinephrine" and make conforming changes; to revise a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, is amended by repealing Code Section 20-2-776, relating to student retention and self-administration of auto-injectable epinephrine and liability of school system, and enacting a new Code section to read as follows:
"20-2-776.
(a) As used in this Code section, the term:
(1) 'Epinephrine' means a drug delivery system that contains a premeasured single dose of epinephrine used to treat life-threatening allergic reactions and has been approved by the United States Food and Drug Administration.
(2) 'Licensed practitioner' means a physician licensed to practice medicine in this state, an advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-25, and a physician assistant acting pursuant to the authority of subsection (e.1) of Code Section 43-34-103.
(b) The policies adopted pursuant to this Code section shall include provisions to protect the safety of all students from the misuse and abuse of epinephrine. (c)(1) Each local board of education and other public school governing body shall adopt a policy authorizing a student to carry and self-administer prescription epinephrine. Such policy shall provide that in order to carry and self-administer prescription epinephrine, the student's parent or guardian shall provide:
(A) A written statement from a licensed practitioner detailing the name of the medication, method, amount, and time schedules by which the medication is to be taken, and confirming that the student is able to self-administer prescription epinephrine; and
(B) A written statement by the parent or guardian consenting to such self-administration, providing a release for the school nurse or other designated school employee or agent to consult with the physician regarding any questions that may arise with regard to the medication, and releasing the local school system or other public school and its employees and agents from civil liability if the self-administering student suffers an adverse reaction as a result of self-administering prescription epinephrine pursuant to this Code section.
(2) Such written statements shall be provided at least annually and more frequently if the medication, dosage, frequency of administration, or reason for administration changes.
(d) Any student who is authorized to self-administer prescription epinephrine pursuant to this Code section may possess and use such prescription epinephrine:
(1) While in school;
(2) At a school sponsored activity;
(3) While under the supervision of a school employee or agent; or
(4) While in before-school or after-school care on school operated property.
(e) A student may be subject to disciplinary action if he or she uses epinephrine in a manner other than as prescribed.
(f)(1) A public school shall be authorized to receive and store prescription epinephrine onsite on behalf of a student who is not able to self-administer the medication because of age or any other reason if the parent or guardian of such student provides:
(A) A written statement from a licensed practitioner detailing the name of the medication, method, amount, and time schedules by which the medication is to be taken; and
(B) A written statement by the parent or guardian providing a release for the school nurse or other designated school employee or agent to consult with the licensed practitioner regarding any questions that may arise with regard to the medication, and releasing the local board of education or other public school governing body, the local school system or public school, and the employees and agents thereof from civil liability.
(2) Such written statements shall be provided at least annually and more frequently if the medication, dosage, frequency of administration, or reason for administration changes.
(g) Each local board of education and other public school governing body shall:
(1) Provide information to school employees and agents, as appropriate, on how to recognize the symptoms of anaphylactic shock and the correct method of administering epinephrine; and
(2) Adopt a policy authorizing designated school employees and agents to:
(A) Provide epinephrine to a student for immediate self-administration if such school employee or agent believes in good faith such student is experiencing an anaphylactic adverse reaction; and
(B) Administer epinephrine to any student such school employee or agent believes in good faith is experiencing an anaphylactic adverse reaction in accordance with a standing protocol from the prescribing licensed practitioner.
(h) Any employee or agent of a public or private school who has completed training or received information in recognizing the symptoms of anaphylactic shock and the correct method of administering epinephrine may:
(1) Provide epinephrine to a student for immediate self-administration if such school employee or agent believes in good faith such student is experiencing an anaphylactic adverse reaction, regardless of whether the student has a prescription for epinephrine; and
(2) Administer epinephrine to any student such employee or agent believes in good faith is experiencing an anaphylactic adverse reaction in accordance with a standing protocol from the prescribing licensed practitioner.
(i) Any employee or agent of a public or private school who in good faith administers or chooses not to administer epinephrine to a student pursuant to this Code section shall be immune from civil liability for any act or omission to act related to the administration of epinephrine, except that such immunity shall not apply to an act of willful or wanton misconduct.
(j) Any licensed practitioner who prescribes epinephrine pursuant to Code Section 26-4-116.1 for use by a public or private school in accordance with this Code section shall be immune from civil liability for any act or omission to act related to the administration of such epinephrine, except that such immunity shall not apply to an act of willful or wanton misconduct.
(k) A public or private school in this state may acquire and stock a supply of epinephrine pursuant to a prescription issued in accordance with Code Section 26-4-116.1. A public or private school may designate an employee or agent trained in the possession and administration of epinephrine to be responsible for the storage, maintenance, and distribution of the epinephrine stocked by the school.
(l) A public or private school may enter into arrangements with manufacturers of approved epinephrine or third-party suppliers of epinephrine to obtain the products free of charge or at fair market or reduced prices.
(m) No later than July 1, 2026, the State Board of Education, in consultation with the Department of Public Health, shall adopt regulations as necessary to implement the provisions of this Code section."
SECTION 2.
Said part is further amended by repealing and reserving Code Section 20-2-776.1, relating to administration of auto-injectable epinephrine by school personnel.
SECTION 3.
Said part is further amended by repealing and reserving Code Section 20-2-776.2, relating to stock supply of auto-injectable epinephrine, requirements, and limited liability.
SECTION 4.
Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by revising Code Section 26-4-116.1, relating to licensed health practitioners authorized to prescribe auto-injectable epinephrine for schools and pharmacists authorized to fill prescriptions, as follows:
"26-4-116.1.
(a) A physician licensed to practice medicine in this state, an advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-25, and a physician assistant acting pursuant to the authority of subsection (e.1) of Code Section 43-34-103 may prescribe auto-injectable epinephrine in the name of a public or private school for use in accordance with Code Section 20-2-776.2 20-2-776 and in accordance with a protocol specified by such physician, advanced practice registered nurse, or physician assistant.
(b) A physician licensed to practice medicine in this state, an advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-25, and a physician assistant acting pursuant to the authority of subsection (e.1) of Code Section 43-34-103 may prescribe auto-injectable epinephrine in the name of an authorized entity in accordance with Code Section 31-1-15.
(c) A pharmacist may dispense auto-injectable epinephrine pursuant to a prescription issued in accordance with subsection (a) or (b) of this Code section."
SECTION 5.
Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to health, is amended in Code Section 31-1-15, relating to use of auto-injectable epinephrine by authorized entities, by replacing the term "auto-injectable epinephrine" with "epinephrine" wherever the former term appears and by revising paragraph
(2) of subsection (a) as follows:
"(2) 'Epinephrine' means a drug delivery system that contains a premeasured single dose of epinephrine and has been approved by the United States Food and Drug Administration for human use. 'Auto-injectable epinephrine' means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body."
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.