House File 771 - Enrolled
House File 771
AN ACT
RELATING TO THE SELF-ADMINISTRATION AND STORAGE OF
BRONCHODILATORS, BRONCHODILATOR CANISTERS, AND
BRONCHODILATOR CANISTERS AND SPACERS RELATIVE TO SCHOOLS AND
STUDENTS.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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, bronchodilator canisters, or bronchodilator and
6 spacers.
7 1. Definitions. For purposes of this section:
8 a. “Bronchodilator” means a bronchodilator as recommended by
9 the department of public health for treatment of a student’s
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10 respiratory distress, asthma, or other airway constricting
11 disease.
12 b. “Bronchodilator canister” means a portable drug
13 delivery device packaged with multiple premeasured doses of a
14 bronchodilator.
15 a. c. “Epinephrine auto-injector” means a device for
16 immediate self-administration or administration by another
17 trained individual of a measured dose of epinephrine to a
18 person at risk of anaphylaxis.
19 b. d. “Licensed health care professional” means a person
20 licensed under chapter 148 to practice medicine and surgery or
21 osteopathic medicine and surgery, an advanced registered nurse
22 practitioner licensed under chapter 152 or 152E and registered
23 with the board of nursing, or a physician assistant licensed to
24 practice under the supervision of a physician as authorized in
25 chapters 147 and 148C.
26 c. e. “Medication” means a drug that meets the definition
27 provided in section 126.2, subsection 8, has an individual
28 prescription label, is prescribed by a licensed health care
29 professional for a student, and pertains to the student’s
30 respiratory distress, asthma, or other airway constricting
31 disease, or risk of anaphylaxis, and includes but is not
32 limited to a bronchodilator.
33 d. f. “Self-administration” means a student’s discretionary
34 use of medication prescribed by a licensed health care
35 professional for the student.
1 g. “Spacer” means a holding chamber that is used to optimize
2 the delivery of a bronchodilator to a person’s lungs.
3 2. The board of directors of a school district and the
4 authorities in charge of an accredited nonpublic school shall
5 permit the self-administration of medication or the use of a
6 bronchodilator canister or bronchodilator canister and spacer
7 by a student with respiratory distress, asthma, or other airway
8 constricting disease or the use of an epinephrine auto-injector
9 by a student with a risk of anaphylaxis if the following
10 conditions are met:
11 a. The student’s parent or guardian provides to the
12 school written authorization for the self-administration
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13 of medication, for the use of a bronchodilator canister or
14 a bronchodilator canister and spacer, or for the use of an
15 epinephrine auto-injector.
16 b. The student’s parent or guardian provides to the school
17 a written statement from the student’s licensed health care
18 professional containing the following information:
19 (1) The name and purpose of the medication, bronchodilator
20 canister, bronchodilator canister and spacer, or epinephrine
21 auto-injector.
22 (2) The prescribed dosage.
23 (3) The times at which or the special circumstances under
24 which the medication, bronchodilator canister, bronchodilator
25 canister and spacer, or epinephrine auto-injector is to be
26 administered.
27 c. The parent or guardian and the school meet the
28 requirements of subsection 3.
29 3. The school district or accredited nonpublic school
30 shall notify the parent or guardian of the student, in
31 writing, that the school district or accredited nonpublic
32 school and its employees are to incur no liability, except
33 for gross negligence, as a result of any injury arising from
34 self-administration of medication, use of a bronchodilator
35 canister or a bronchodilator canister and spacer, or use of
1 an epinephrine auto-injector by the student. The parent or
2 guardian of the student shall sign a statement acknowledging
3 that the school district or nonpublic school is to incur
4 no liability, except for gross negligence, as a result of
5 self-administration of medication, use of a bronchodilator
6 canister or a bronchodilator canister and spacer, or use of an
7 epinephrine auto-injector by the student. A school district or
8 accredited nonpublic school and its employees acting reasonably
9 and in good faith shall incur no liability for any improper
10 use of medication, a bronchodilator canister, a bronchodilator
11 canister and spacer, or an epinephrine auto-injector as defined
12 in this section or for supervising, monitoring, or interfering
13 with a student’s self-administration of medication, use of
14 a bronchodilator canister or a bronchodilator canister and
15 spacer, or use of an epinephrine auto-injector as defined in
16 this section.
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17 4. The permission for self-administration of medication, or
18 for the use of a bronchodilator canister or a bronchodilator
19 canister and spacer, or for the use of an epinephrine
20 auto-injector is effective for the school year for which it is
21 granted and shall be renewed each subsequent school year upon
22 fulfillment of the requirements of this section. However, the
23 parent or guardian shall immediately notify the school of any
24 changes in the conditions listed under subsection 2.
25 5. Provided that the requirements of this section are
26 fulfilled, a student with respiratory distress, asthma, or
27 other airway constricting disease may possess and use the
28 student’s medication and a student with a written statement
29 from a licensed health care professional on file pursuant to
30 subsection 2, paragraph “a”, may use a bronchodilator canister,
31 a bronchodilator canister and spacer, or an epinephrine
32 auto-injector while in school, at school-sponsored activities,
33 under the supervision of school personnel, and before or after
34 normal school activities, such as while in before-school or
35 after-school care on school-operated property. If the student
1 misuses this privilege, the privilege may be withdrawn. A
2 school district or nonpublic school shall notify a student’s
3 parent or guardian before withdrawing the privilege to use a
4 bronchodilator canister, a bronchodilator canister and spacer,
5 or an epinephrine auto-injector.
6 6. Information provided to the school under subsection 2
7 shall be kept on file in the office of the school nurse or, in
8 the absence of a school nurse, the school’s administrator.
9 7. The Iowa braille and sight saving school, the Iowa school
10 for the deaf, and the institutions under the control of the
11 department of human services as provided in section 218.1 are
12 exempt from the provisions of this section.
13 Sec. 2. Section 280.16A, Code 2021, is amended to read as
14 follows:
15 280.16A Epinephrine auto-injector, bronchodilator canister,
16 or bronchodilator canister and spacer supply.
17 1. For purposes of this section, unless the context
18 otherwise requires:
19 a. “Bronchodilator” means the same as defined in section
20 280.16.
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21 b. “Bronchodilator canister” means the same as defined in
22 section 280.16.
23 a. c. “Epinephrine auto-injector” means the same as
24 provided in section 280.16.
25 b. d. “Licensed health care professional” means the same as
26 provided in section 280.16.
27 c. e. “Personnel authorized to administer epinephrine
28 or a bronchodilator” means a school nurse or other employee
29 of a school district or accredited nonpublic school trained
30 and authorized to administer an epinephrine auto-injector, a
31 bronchodilator canister, or a broncholdilator canister and
32 spacer.
33 f. “School nurse” means a registered nurse holding current
34 licensure recognized by the board of nursing who practices in
35 the school setting to promote and protect the health of the
1 school population by using knowledge from the nursing, social,
2 and public health sciences.
3 g. “Spacer” means the same as defined in section 280.16.
4 2. Notwithstanding any other provision of law to the
5 contrary, a licensed health care professional may prescribe
6 epinephrine auto-injectors, bronchodilator canisters, and
7 bronchodilator canisters and spacers in the name of a school
8 district or accredited nonpublic school to be maintained for
9 use as provided in this section.
10 3. The board of directors in charge of each school
11 district and the authorities in charge of each accredited
12 nonpublic school may obtain a prescription for epinephrine
13 auto-injectors, bronchodilator canisters, and bronchodilator
14 canisters and spacers and maintain a supply of such epinephrine
15 auto-injectors, bronchodilator canisters, and bronchodilator
16 canisters and spacers in a secure location at each school for
17 use as provided in this section. The board and the authorities
18 shall replace epinephrine auto-injectors, bronchodilator
19 canisters, and bronchodilator canisters and spacers in
20 the supply upon use or expiration. Personnel authorized
21 to administer epinephrine or a bronchodilator may possess
22 and administer epinephrine auto-injectors, bronchodilator
23 canisters, or bronchodilator canisters and spacers, as
24 applicable, from the supply as provided in this section.
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25 4. Personnel authorized to administer epinephrine or
26 a bronchodilator may provide or administer an epinephrine
27 auto-injector, a bronchodilator canister, or a bronchodilator
28 canister and spacer, as applicable, from the school’s supply to
29 a student or other individual if such personnel reasonably and
30 in good faith believe the student or other individual is having
31 an anaphylactic reaction or requires treatment for respiratory
32 distress, asthma, or other airway constricting disease.
33 5. The following persons, provided they have acted
34 reasonably and in good faith, shall not be liable for
35 any injury arising from the provision, administration,
1 or assistance in the administration of an epinephrine
2 auto-injector, a bronchodilator canister, or a bronchodilator
3 canister and spacer as provided in this section:
4 a. Any personnel authorized to administer epinephrine or
5 a bronchodilator who, as applicable, provide, administer, or
6 assist in the administration of an epinephrine auto-injector
7 to a student or other individual present at the school who
8 such personnel believe to be having an anaphylactic reaction
9 or in the administration of a bronchodilator canister or a
10 bronchodilator canister and spacer to a student or other
11 individual present at the school who such personnel believe to
12 require treatment for respiratory distress, asthma, or other
13 airway constricting disease.
14 b. A school district or accredited nonpublic school
15 employing the personnel.
16 c. The board of directors in charge of the school district
17 or authorities in charge of the accredited nonpublic school.
18 d. The prescriber of the epinephrine auto-injector, the
19 bronchodilator canister, or the bronchodilator canister and
20 spacer.
21 6. The department of education, the board of medicine,
22 the board of nursing, and the board of pharmacy shall, in
23 consultation with an organization representing school nurses,
24 adopt rules pursuant to chapter 17A to implement and administer
25 this section, including but not limited to standards and
26 procedures for the prescription, distribution, storage,
27 disposal, replacement, and administration of epinephrine
28 auto-injectors, bronchodilator canisters, and bronchodilator
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29 canisters and spacers, and for training and authorization to be
30 required for personnel authorized to administer epinephrine or
31 a bronchodilator.
______________________________ ______________________________
PAT GRASSLEY JAKE CHAPMAN
Speaker of the House President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 771, Eighty-ninth General Assembly.
______________________________
MEGHAN NELSON
Chief Clerk of the House
Approved _______________, 2022 ______________________________
KIM REYNOLDS
Governor


Statutes affected:
Introduced: 280.16, 126.2
Reprinted: 280.16, 126.2
Enrolled: 280.16, 126.2