HB1056: HB1056 Education; replace term auto-injectable epinephrine with epinephrine and consolidate provisions relating to epinephrine and schools

26 LC 49 2534 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 O fficial Code of Georgia1 Annotated, relating to student health in elementary and secondary education, so as to replace2 the term "auto-injectable epinephrine" with "epinephrine" and t o consolidate provisions3 relating to epinephrine and schools; to revise a definition; to make conforming changes; to4 amend Chapter 4 of Title 26 and Chapter 1 of Title 35 of the Of ficial Code of Georgia5 Annotated, relating to pharmacists and pharmacies and general provisions relative to health,6 respectively, so as to replace the term "auto-injectable epinephrine" with "epinephrine" and7 make conforming changes; to revise a definition; to provide for related matters; to repeal8 conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Part 3 of Article 16 of Chapter 2 of Title 20 of the Official C ode of Georgia Annotated,12 relating to student health in elementary and secondary education, is amended by repealing 13 Code Section 20-2-776, relating to s tudent retention and self-a dministration of14 auto-injectable epinephrine and liability of school system, and enacting a new Code section15 to read as follows:16 H. B. 1056 - 1 - 26 LC 49 2534 "20-2-776.17 (a) As used in this Code section, the term:18 (1) 'Epinephrine' means a drug delivery system that contains a premeasured single dose19 of epinephrine used to treat life-threatening allergic reactions and has been approved by20 the United States Food and Drug Administration.21 (2) 'Licensed practitioner' means a physician licensed to practice medicine in this state,22 an advanced practice registered nurse acting pursuant to the au thority of Code Section23 43-34-25, and a physician assistant acting pursuant to the authority of subsection (e.1) of24 Code Section 43-34-103.25 (b) The policies adopted pursuant to this Code section shall include provisions to protect26 the safety of all students from the misuse and abuse of epinephrine.27 (c)(1) Each local board of education and other public school governing body shall adopt28 a policy authorizing a student to carry and self-administer prescription epinephrine. Such29 policy shall provide that in order to carry and self-administer prescription epinephrine,30 the student's parent or guardian shall provide:31 (A) A written statement from a licensed practitioner detailing the name of the32 medication, method, amount, and time schedules by which the med ication is to be33 taken, and confirming that the student is able to self-administ er prescription34 epinephrine; and35 (B) A written statement by the parent or guardian consenting t o such36 self-administration, providing a release for the school nurse or other designated school37 employee or agent to consult with the physician regarding any questions that may arise38 with regard to the medication, a nd releasing the local school s ystem or other public39 school and its employees and agents from civil liability if the self-administering student40 suffers an adverse reaction as a result of self-administering p rescription epinephrine41 pursuant to this Code section.42 H. B. 1056 - 2 - 26 LC 49 2534 (2) Such written statements shall be provided at least annually and more frequently if the43 medication, dosage, frequency of administration, or reason for administration changes.44 (d) Any student who is authorized to self-administer prescription epinephrine pursuant to45 this Code section may possess and use such prescription epinephrine:46 (1) While in school;47 (2) At a school sponsored activity;48 (3) While under the supervision of a school employee or agent; or49 (4) While in before-school or after-school care on school operated property.50 (e) A student may be subject to disciplinary action if he or s he uses epinephrine in a51 manner other than as prescribed.52 (f)(1) A public school shall be authorized to receive and store prescription epinephrine53 onsite on behalf of a student who is not able to self-administe r the medication because54 of age or any other reason if the parent or guardian of such student provides:55 (A) A written statement from a licensed practitioner detailing t h e n a m e o f t h e56 medication, method, amount, and time schedules by which the med ication is to be57 taken; and58 (B) A written statement by the parent or guardian providing a release for the school59 nurse or other designated school employee or agent to consult w ith the licensed60 practitioner regarding any questions that may arise with regard to the medication, and61 releasing the local board of education or other public school governing body, the local62 school system or public school, and the employees and agents th ereof from civil63 liability.64 (2) Such written statements shall be provided at least annually and more frequently if the65 medication, dosage, frequency of administration, or reason for administration changes.66 (g) Each local board of education and other public school governing body shall:67 H. B. 1056 - 3 - 26 LC 49 2534 (1) Provide information to school employees and agents, as appr opriate, on how to68 recognize the symptoms of anaphylactic shock and the correct method of administering69 epinephrine; and70 (2) Adopt a policy authorizing designated school employees and agents to:71 (A) Provide epinephrine to a student for immediate self-administration if such school72 employee or agent believes in good faith such student is experiencing an anaphylactic73 adverse reaction; and74 (B) Administer epinephrine to any student such school employee or agent believes in75 good faith is experiencing an anaphylactic adverse reaction in accordance with a76 standing protocol from the prescribing licensed practitioner.77 (h) Any employee or agent of a public or private school who has completed training or78 received information in recognizing the symptoms of anaphylactic shock and the correct79 method of administering epinephrine may:80 (1) Provide epinephrine to a student for immediate self-admini stration if such school81 employee or agent believes in good faith such student is experi encing an anaphylactic82 adverse reaction, regardless of whether the student has a prescription for epinephrine; and83 (2) Administer epinephrine to any student such employee or agent believes in good faith84 is experiencing an anaphylactic adverse reaction in accordance with a standing protocol85 from the prescribing licensed practitioner.86 (i) Any employee or agent of a public or private school who in good faith administers or87 chooses not to administer epinephrine to a student pursuant to this Code section shall be88 immune from civil liability for any act or omission to act related to the administration of89 epinephrine, except that such immunity shall not apply to an ac t of willful or wanton90 misconduct. 91 (j) Any licensed practitioner who prescribes epinephrine pursu ant to Code92 Section 26-4-116.1 for use by a public or privat e school in acc ordance with this Code93 section shall be immune from civil liability for any act or omi ssion to act related to the94 H. B. 1056 - 4 - 26 LC 49 2534 administration of such epinephrine, except that such immunity shall not apply to an act of95 willful or wanton misconduct.96 (k) A public or private school in this state may acquire and stock a supply of epinephrine97 pursuant to a prescription issued in accordance with Code Section 26-4-116.1. A public98 or private school may designate an employee or agent trained in the possession and99 administration of epinephrine to be responsible for the storage , maintenance, and100 distribution of the epinephrine stocked by the school.101 (l) A public or private school may enter into arrangements with manufacturers of approved102 epinephrine or third-party suppliers of epinephrine to obtain the products free of charge or103 at fair market or reduced prices.104 (m) No later than July 1, 2026, the State Board of Education, in consultation with the105 Department of Public Health, shall adopt regulations as necessa ry to implement the106 provisions of this Code section."107 SECTION 2.108 Said part is further amended by repealing and reserving Code Section 20-2-776.1, relating109 to administration of auto-injectable epinephrine by school personnel.110 SECTION 3.111 Said part is further amended by repealing and reserving Code Section 20-2-776.2, relating112 to stock supply of auto-injectable epinephrine, requirements, and limited liability.113 SECTION 4.114 Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and115 pharmacies, is amended by revising Code Section 26-4-116.1, rel ating to licensed health116 practitioners authorized to prescribe auto-injectable epinephrine for schools and pharmacists117 authorized to fill prescriptions, as follows:118 H. B. 1056 - 5 - 26 LC 49 2534 "26-4-116.1.119 (a) A physician licensed to practice medicine in this state, an advanced practice registered120 nurse acting pursuant to the authority of Code Section 43-34-25, and a physician assistant121 acting pursuant to the authority of subsection (e.1) of Code Se ction 43-34-103 may122 prescribe auto-injectable epinephrine in the name of a public or private school for use in123 accordance with Code Section 20-2-776.2 20-2-776 and in accordance with a protocol124 specified by such physician, advanced practice registered nurse, or physician assistant.125 (b) A physician licensed to practice medicine in this state, an advanced practice registered126 nurse acting pursuant to the authority of Code Section 43-34-25, and a physician assistant127 acting pursuant to the authority of subsection (e.1) of Code Se ction 43-34-103 may128 prescribe auto-injectable epinephrine in the name of an authorized entity in accordance129 with Code Section 31-1-15.130 (c) A pharmacist may dispense auto-injectable epinephrine pursuant to a prescription131 issued in accordance with subsection (a) or (b) of this Code section."132 SECTION 5.133 Chapter 1 of Title 35 of the Official Code of Georgia Annotated , relating to general134 provisions relative to health, is amended in Code Section 31-1 -15, relating to use of135 auto-injectable epinephrine by authorized entities, by replaci ng the term "auto-injectable136 epinephrine" with "epinephrine" wherever the former term appears and by revising paragraph137 (2) of subsection (a) as follows:138 "(2) 'Epinephrine' means a drug delivery system that contains a premeasured single dose139 of epinephrine and has been approved by the United States Food and Drug140 Administration for human use. 'Auto-injectable epinephrine' means a single-use device141 used for the automatic injection of a premeasured dose of epine phrine into the human142 body."143 H. B. 1056 - 6 - 26 LC 49 2534 SECTION 6.144 All laws and parts of laws in conflict with this Act are repealed.145 H. B. 1056 - 7 -