1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3034 By: Stinson
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6 AS INTRODUCED
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7 An Act relating to schools; creating the Emerson Kate
7 Cole Act; amending 70 O.S. 2021, Section 1-116.3,
8 which relates to school medication policies;
8 requiring school to call 911 if Epinephrine is
9 administered to a student; mandating school to notify
9 parent if student experiences possible allergic
10 reaction; requiring annual training for certain
10 teachers and school employees; prescribing content
11 and method for training; providing for
11 noncodification; providing an effective date; and
12 declaring an emergency.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. NEW LAW A new section of law not to be
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17 codified in the Oklahoma Statutes reads as follows:
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18 This act shall be known and may be cited as the "Emerson Kate
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19 Cole Act".
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20 SECTION 2. AMENDATORY 70 O.S. 2021, Section 1-116.3, is
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21 amended to read as follows:
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22 Section 1-116.3 A. Notwithstanding the provisions of Section
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23 1-116.2 of this title, the board of education of each school
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24 district shall adopt a policy on or before September 1, 2008, that
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 1 permits the self-administration of inhaled asthma medication by a
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2 student for treatment of asthma, the self-administration of
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3 anaphylaxis medication by a student for treatment of anaphylaxis,
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4 and the self-administration of replacement pancreatic enzymes by a
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5 student for treatment of cystic fibrosis. The policy shall require:
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6 1. The parent or guardian of the student to authorize in
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7 writing the student's self-administration of medication;
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8 2. The parent or guardian of the student to provide to the
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9 school a written statement from the physician treating the student
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10 that the student has asthma, anaphylaxis, or cystic fibrosis and is
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11 capable of, and has been instructed in the proper method of, self-
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12 administration of medication;
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13 3. The parent or guardian of the student to provide to the
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14 school an emergency supply of the student's medication to be
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15 administered pursuant to the provisions of Section 1-116.2 of this
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16 title;
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17 4. The school district to inform the parent or guardian of the
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18 student, in writing, that the school district and its employees and
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19 agents shall incur no liability as a result of any injury arising
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20 from the self-administration of medication by the student; and
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21 5. The parent or guardian of the student to sign a statement
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22 acknowledging that the school district shall incur no liability as a
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23 result of any injury arising from the self-administration of
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24 medication by the student.
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 1 B. The school board of each school district that elects to
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2 stock Epinephrine injectors or inhalers shall amend the policy
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3 identified in subsection A of this section.
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4 1. The amended policy for Epinephrine injectors shall require:
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5 a. the school district to inform the parent or guardian
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6 of each student, in writing, that a school nurse or
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7 school employee trained by a health care professional
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8 or trained in correlation with the State Department of
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9 Health's Diabetes Management Annual School Training
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10 Program may administer, with parent or guardian
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11 permission but without a health care provider order,
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12 an Epinephrine injection to a student whom the school
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13 nurse or trained school employee in good faith
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14 believes is having an anaphylactic reaction,
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15 b. a waiver of liability executed by a parent or guardian
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16 be on file with the school district prior to the
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17 administration of an Epinephrine injection pursuant to
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18 paragraph 1 of this subsection, and
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19 c. the school district to designate the employee
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20 responsible for obtaining the Epinephrine injectors at
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21 each school site.
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22 2. The amended policy for inhalers shall require:
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23 a. the school district to inform the parent or guardian
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24 of each student, in writing, that a school nurse or
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 1 school employee trained by a health care professional
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2 may administer an inhaler to a student whom the school
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3 nurse or trained school employee in good faith
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4 believes is having respiratory distress,
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5 b. the school district to designate the employee
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6 responsible for obtaining the inhalers and spacers or
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7 holding chambers at each school site, and
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8 c. the school district to notify the parent or guardian
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9 of a student after administration of an inhaler.
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10 C. The school district and its employees and agents shall incur
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11 no liability as a result of any injury arising pursuant to the
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12 discharge or nondischarge of the powers provided for pursuant to
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13 subparagraph a of paragraphs 1 and 2 of subsection B of this
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14 section.
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15 D. A licensed physician who has prescriptive authority may
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16 write a prescription for Epinephrine injectors and inhalers and
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17 spacers or holding chambers to the school district in the name of
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18 the district as a body corporate specified in Section 5-105 of this
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19 title which shall be maintained at each school site. Such physician
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20 shall incur no liability as a result of any injury arising from the
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21 use of the Epinephrine injectors or the inhalers and spacers or
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22 holding chambers.
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23 E. The school district may maintain at each school a minimum of
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24 two Epinephrine injectors and two inhalers with spacers or holding
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 1 chambers in a secure location. Provided, however, that nothing in
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2 this section shall be construed as creating or imposing a duty on a
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3 school district to maintain Epinephrine injectors or inhalers with
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4 spacers or holding chambers at a school site or sites.
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5 F. In the event a student is believed to be having an
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6 anaphylactic reaction or respiratory distress, a school employee
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7 shall contact 911 as soon as possible. If Epinephrine is
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8 administered to a student, a school employee shall contact 911 as
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9 soon as possible. The school district shall notify the parent or
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10 guardian of any student who experiences a possible allergic reaction
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11 as soon as possible.
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12 G. The State Board of Education, in consultation with the State
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13 Board of Health, shall develop model policies which school districts
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14 may use in compliance with this section. The model policies shall
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15 include, at a minimum, required annual training for teachers and
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16 school employees who are directly responsible for students on the
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17 topics of food allergies, recognizing anaphylaxis, and instruction
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18 on how to administer Epinephrine. The training shall be completed
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19 before the school year begins or upon hiring the teacher or school
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20 employee. Documentation certifying completion of the required
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21 training shall be retained in the personnel file for the teacher or
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22 school employee. The training may be provided online or in-person
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23 by the school nurse or a recognized food allergy and anaphylaxis
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24 training program.
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 1 H. The State Board of Education, in consultation with the State
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2 Board of Health, shall promulgate rules to implement this section.
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3 I. As used in this section:
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4 1. "Medication" means a metered dose inhaler or a dry powder
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5 inhaler to alleviate asthmatic symptoms, prescribed by a physician
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6 and having an individual label, an anaphylaxis medication used to
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7 treat anaphylaxis including but not limited to Epinephrine injectors
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8 prescribed by a physician and having an individual label, or
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9 replacement pancreatic enzymes prescribed by a physician and having
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10 an individual label; and
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11 2. "Self-administration" means a student's use of medication
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12 pursuant to prescription or written direction from a physician.
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13 3. "Respiratory distress" means the perceived or actual
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14 presence of coughing, wheezing or shortness of breath; and
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15 4. "Inhaler" means a device that delivers a bronchodilator to
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16 alleviate symptoms of respiratory distress that is manufactured in
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17 the form of a metered-dose inhaler or dry-powder inhaler and that
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18 may include a spacer or holding chamber that attaches to the inhaler
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19 to improve the delivery of the bronchodilator.
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20 J. The permission for self-administration of asthma,
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21 anaphylaxis, or replacement pancreatic enzyme medication is
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22 effective for the school year for which it is granted and shall be
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23 renewed each subsequent school year upon fulfillment of the
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24 requirements of this section.
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 1 K. A student who is permitted to self-administer asthma,
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2 anaphylaxis, or replacement pancreatic enzyme medication pursuant to
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3 this section shall be permitted to possess and use a prescribed
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4 inhaler, anaphylaxis medication including but not limited to an
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5 Epinephrine injector, or replacement pancreatic enzyme medication at
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6 all times.
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7 SECTION 3. This act shall become effective July 1, 2024.
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8 SECTION 4. It being immediately necessary for the preservation
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9 of the public peace, health or safety, an emergency is hereby
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10 declared to exist, by reason whereof this act shall take effect and
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11 be in full force from and after its passage and approval.
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13 59-2-8643 EK 01/13/24
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