House File 701 - Introduced
HOUSE FILE 701
BY GJERDE and A. MEYER
A BILL FOR
1 An Act relating to the self-administration and storage of
2 bronchodilators and bronchodilator canisters and spacers
3 relative to schools and students.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. Section 280.16, Code 2021, is amended to read as
2 follows:
3 280.16 Self-administration of respiratory distress, asthma,
4 or other airway constricting disease medication, or epinephrine
5 auto-injectors, or bronchodilator canisters and spacers.
6 1. Definitions. For purposes of this section:
7 a. “Bronchodilator” means a bronchodilator as recommended by
8 the department of public health for treatment of a student’s
9 respiratory distress, asthma, or other airway constricting
10 disease.
11 b. “Bronchodilator canister” means a portable drug
12 delivery device packaged with multiple premeasured doses of a
13 bronchodilator.
14 a. c. “Epinephrine auto-injector” means a device for
15 immediate self-administration or administration by another
16 trained individual of a measured dose of epinephrine to a
17 person at risk of anaphylaxis.
18 b. d. “Licensed health care professional” means a person
19 licensed under chapter 148 to practice medicine and surgery or
20 osteopathic medicine and surgery, an advanced registered nurse
21 practitioner licensed under chapter 152 or 152E and registered
22 with the board of nursing, or a physician assistant licensed to
23 practice under the supervision of a physician as authorized in
24 chapters 147 and 148C.
25 c. e. “Medication” means a drug that meets the definition
26 provided in section 126.2, subsection 8, has an individual
27 prescription label, is prescribed by a licensed health care
28 professional for a student, and pertains to the student’s
29 respiratory distress, asthma, or other airway constricting
30 disease, or risk of anaphylaxis, and includes but is not
31 limited to a bronchodilator.
32 d. f. “Self-administration” means a student’s discretionary
33 use of medication prescribed by a licensed health care
34 professional for the student.
35 g. “Spacer” means a holding chamber that is used to optimize
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1 the delivery of a bronchodilator to a person’s lungs.
2 2. The board of directors of a school district and the
3 authorities in charge of an accredited nonpublic school
4 shall permit the self-administration of medication or the use
5 of a bronchodilator canister and spacer by a student with
6 respiratory distress, asthma, or other airway constricting
7 disease or the use of an epinephrine auto-injector by a student
8 with a risk of anaphylaxis if the following conditions are met:
9 a. The student’s parent or guardian provides to the
10 school written authorization for the self-administration of
11 medication, for the use of a bronchodilator canister and
12 spacer, or for the use of an epinephrine auto-injector.
13 b. The student’s parent or guardian provides to the school
14 a written statement from the student’s licensed health care
15 professional containing the following information:
16 (1) The name and purpose of the medication, bronchodilator
17 canister and spacer, or epinephrine auto-injector.
18 (2) The prescribed dosage.
19 (3) The times at which or the special circumstances under
20 which the medication, bronchodilator canister and spacer, or
21 epinephrine auto-injector is to be administered.
22 c. The parent or guardian and the school meet the
23 requirements of subsection 3.
24 3. The school district or accredited nonpublic school
25 shall notify the parent or guardian of the student, in
26 writing, that the school district or accredited nonpublic
27 school and its employees are to incur no liability, except
28 for gross negligence, as a result of any injury arising from
29 self-administration of medication, use of a bronchodilator
30 canister and spacer, or use of an epinephrine auto-injector
31 by the student. The parent or guardian of the student shall
32 sign a statement acknowledging that the school district or
33 nonpublic school is to incur no liability, except for gross
34 negligence, as a result of self-administration of medication,
35 use of a bronchodilator canister and spacer, or use of an
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1 epinephrine auto-injector by the student. A school district or
2 accredited nonpublic school and its employees acting reasonably
3 and in good faith shall incur no liability for any improper
4 use of medication, a bronchodilator canister and spacer, or
5 an epinephrine auto-injector as defined in this section or
6 for supervising, monitoring, or interfering with a student’s
7 self-administration of medication, use of a bronchodilator
8 canister and spacer, or use of an epinephrine auto-injector as
9 defined in this section.
10 4. The permission for self-administration of medication,
11 or for the use of a bronchodilator canister and spacer, or for
12 the use of an epinephrine auto-injector is effective for the
13 school year for which it is granted and shall be renewed each
14 subsequent school year upon fulfillment of the requirements
15 of this section. However, the parent or guardian shall
16 immediately notify the school of any changes in the conditions
17 listed under subsection 2.
18 5. Provided that the requirements of this section are
19 fulfilled, a student with respiratory distress, asthma, or
20 other airway constricting disease may possess and use the
21 student’s medication and a student with a written statement
22 from a licensed health care professional on file pursuant
23 to subsection 2, paragraph “a”, may use a bronchodilator
24 canister and spacer or an epinephrine auto-injector while in
25 school, at school-sponsored activities, under the supervision
26 of school personnel, and before or after normal school
27 activities, such as while in before-school or after-school
28 care on school-operated property. If the student misuses this
29 privilege, the privilege may be withdrawn. A school district
30 or nonpublic school shall notify a student’s parent or guardian
31 before withdrawing the privilege to use a bronchodilator
32 canister and spacer or an epinephrine auto-injector.
33 6. Information provided to the school under subsection 2
34 shall be kept on file in the office of the school nurse or, in
35 the absence of a school nurse, the school’s administrator.
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1 7. The Iowa braille and sight saving school, the Iowa school
2 for the deaf, and the institutions under the control of the
3 department of human services as provided in section 218.1 are
4 exempt from the provisions of this section.
5 Sec. 2. Section 280.16A, Code 2021, is amended to read as
6 follows:
7 280.16A Epinephrine auto-injector or bronchodilator canister
8 and spacer supply.
9 1. For purposes of this section, unless the context
10 otherwise requires:
11 a. “Bronchodilator” means the same as defined in section
12 280.16.
13 b. “Bronchodilator canister” means the same as defined in
14 section 280.16.
15 a. c. “Epinephrine auto-injector” means the same as
16 provided in section 280.16.
17 b. d. “Licensed health care professional” means the same as
18 provided in section 280.16.
19 c. e. “Personnel authorized to administer epinephrine or
20 a bronchodilator” means a school nurse or other employee of
21 a school district or accredited nonpublic school trained and
22 authorized to administer an epinephrine auto-injector or a
23 broncholdilator canister and spacer.
24 f. “School nurse” means a person who holds an endorsement
25 or a statement of professional recognition for school nurses
26 issued by the board of educational examiners under chapter 272.
27 g. “Spacer” means the same as defined in section 280.16.
28 2. Notwithstanding any other provision of law to the
29 contrary, a licensed health care professional may prescribe
30 epinephrine auto-injectors and bronchodilator canisters
31 and spacers in the name of a school district or accredited
32 nonpublic school to be maintained for use as provided in this
33 section.
34 3. The board of directors in charge of each school district
35 and the authorities in charge of each accredited nonpublic
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1 school may obtain a prescription for epinephrine auto-injectors
2 and bronchodilator canisters and spacers and maintain a supply
3 of such epinephrine auto-injectors and bronchodilator canisters
4 and spacers in a secure location at each school for use as
5 provided in this section. The board and the authorities shall
6 replace epinephrine auto-injectors and bronchodilator canisters
7 and spacers in the supply upon use or expiration. Personnel
8 authorized to administer epinephrine or a bronchodilator
9 may possess and administer epinephrine auto-injectors or
10 bronchodilator canisters and spacers, as applicable, from the
11 supply as provided in this section.
12 4. Personnel authorized to administer epinephrine or
13 a bronchodilator may provide or administer an epinephrine
14 auto-injector or a bronchodilator canister and spacer,
15 as applicable, from the school’s supply to a student or
16 other individual if such personnel reasonably and in good
17 faith believe the student or other individual is having an
18 anaphylactic reaction or requires treatment for respiratory
19 distress, asthma, or other airway constricting disease.
20 5. The following persons, provided they have acted
21 reasonably and in good faith, shall not be liable for
22 any injury arising from the provision, administration,
23 or assistance in the administration of an epinephrine
24 auto-injector or a bronchodilator canister and spacer as
25 provided in this section:
26 a. Any personnel authorized to administer epinephrine or
27 a bronchodilator who, as applicable, provide, administer, or
28 assist in the administration of an epinephrine auto-injector to
29 a student or other individual present at the school who such
30 personnel believe to be having an anaphylactic reaction or in
31 the administration of a bronchodilator canister and spacer
32 to a student or other individual present at the school who
33 such personnel believe to require treatment for respiratory
34 distress, asthma, or other airway constricting disease.
35 b. A school district or accredited nonpublic school
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1 employing the personnel.
2 c. The board of directors in charge of the school district
3 or authorities in charge of the accredited nonpublic school.
4 d. The prescriber of the epinephrine auto-injector or
5 bronchodilator canister and spacer.
6 6. The department of education, the board of medicine,
7 the board of nursing, and the board of pharmacy shall, in
8 consultation with an organization representing school nurses,
9 adopt rules pursuant to chapter 17A to implement and administer
10 this section, including but not limited to standards and
11 procedures for the prescription, distribution, storage,
12 replacement, and administration of epinephrine auto-injectors
13 and bronchodilator canisters and spacers, and for training
14 and authorization to be required for personnel authorized to
15 administer epinephrine or a bronchodilator.
16 EXPLANATION
17 The inclusion of this explanation does not constitute agreement with
18 the explanation’s substance by the members of the general assembly.
19 This bill relates to the self-administration, storage, and
20 supply of bronchodilators and bronchodilator canisters and
21 spacers relative to schools and students.
22 Current law provides for the self-administration by students
23 of asthma or other airway constricting disease medication or
24 epinephrine auto-injectors. The bill adds a bronchodilator
25 specifically to the definition of “medication”, adds
26 respiratory distress as a condition that may be treated by the
27 medication, and adds bronchodilator canisters and spacers to
28 the list of devices that may be self-administered by students
29 and stored relative to students and schools. The bill includes
30 definitions of “bronchodilator”, “bronchodilator canister”, and
31 “spacer”.
32 The bill requires that the same conditions be met for the
33 board of directors of a school district and the authorities
34 in charge of an accredited nonpublic school to permit the
35 self-administration of medication or the use of bronchodilator
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1 canisters and spacers by a student as are currently required
2 for the self-administration of medication or the use of
3 an epinephrine auto-injector by a student. The bill also
4 applies to a bronchodilator and bronchodilator canisters and
5 spacers the same requirements for self-administration and
6 use of medication or epinephrine auto-injectors relating to
7 permissions, the requirements for the provision of written
8 statements from licensed health care professionals, and the
9 maintaining of information provided to the school.
10 The bill expands provisions authorizing a licensed health
11 care professional to prescribe epinephrine auto-injectors
12 in the name of a school district or accredited nonpublic
13 school to be maintained for use at a school to also include
14 bronchodilator canisters and spacers. The bill also
15 expands current provisions allowing personnel authorized to
16 administer epinephrine to provide or administer an epinephrine
17 auto-injector from the school’s supply to allow personnel
18 authorized to administer a bronchodilator to provide or
19 administer a bronchodilator canister and spacer from the
20 school’s supply, and provides liability protection for persons
21 who act reasonably and in good faith. The bill expands the
22 requirement that the department of education, the board of
23 medicine, the board of nursing, and the board of pharmacy,
24 in consultation with an organization representing school
25 nurses, adopt rules pursuant to Code chapter 17A to implement
26 and administer the bill relative to bronchodilators and
27 bronchodilator canisters and spacers.
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Statutes affected:
Introduced: 280.16, 126.2