A Bill for an Act
Page 1, Line 101Concerning the administration of emergency-use epinephrine
Page 1, Line 102in a school setting.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
For the purpose of encompassing the different ways that epinephrine may be administered to treat anaphylaxis in a school setting, the bill changes the term "epinephrine auto-injector" to "emergency-use epinephrine".
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 22-1-119.5, amend
Page 2, Line 3(5), (5.5)(a)(I), (5.5)(a)(II), (5.5)(b), (5.5)(c), (5.5)(d), (5.5)(e)
Page 2, Line 4introductory portion, (5.5)(f), (6), (8)(a), (8)(e), (8)(f), (8)(g) introductory portion, (8)(g)(II), and (8)(g)(III); and add (10) as follows:
Page 2, Line 522-1-119.5. Asthma, food allergy, and anaphylaxis health
Page 2, Line 6management - self-administered medication - staff-administered
Page 2, Line 7medication - rules - definitions. (5) Immediately after using
anPage 2, Line 8emergency-use epinephrine
auto-injectorPage 2, Line 9shall report to the school nurse, to the designee of the school nurse, or to
Page 2, Line 10some adult at the school to enable the school nurse, school nurse's
Page 2, Line 11designee, or other adult to provide the appropriate follow-up care, which shall include making a 911 emergency call.
Page 2, Line 12(5.5) (a) As used in this subsection (5.5) and in subsection (6) of this section, unless the context otherwise requires:
Page 2, Line 13(I) "Administer" or "administration" means to give a dose of
Page 2, Line 14medicine to a student who has asthma or a food or other allergy or who
Page 2, Line 15is experiencing anaphylaxis, including the use of
anauto-injector,Page 2, Line 16(II) "Designated school personnel" means:
Page 2, Line 17(A) An employee in a school who has been trained on the
Page 2, Line 18administration of emergency-use epinephrine
auto-injectorsPage 2, Line 19with the rules on administration of emergency-use epinephrine
Page 2, Line 20
auto-injectorsPage 2, Line 21of administering emergency-use epinephrine
auto-injectorsPage 2, Line 22(B) An employee in a school who has been trained on the
Page 3, Line 1administration of emergency-use epinephrine
auto-injectorsPage 3, Line 2with the rules on administration of emergency-use epinephrine
Page 3, Line 3
auto-injectorsPage 3, Line 4task of administering emergency-use epinephrine
auto-injectorsPage 3, Line 5students or who has been trained by a medical professional licensed
Page 3, Line 6under article 240 of title 12 or part 1 of article 255 of title 12 and to
Page 3, Line 7whom the licensee has delegated the administration of emergency-use epinephrine
auto-injectorsPage 3, Line 8(b) A governing authority of a school may adopt and implement
Page 3, Line 9a policy whereby schools under its jurisdiction may acquire and maintain a stock supply of emergency-use epinephrine.
auto-injectors.Page 3, Line 10(c) A governing authority of a school may adopt a policy for
Page 3, Line 11schools within its jurisdiction to authorize the school nurse or other
Page 3, Line 12designated school personnel to administer
anPage 3, Line 13epinephrine
auto-injectorPage 3, Line 14designated school personnel in good faith believes is experiencing
Page 3, Line 15anaphylaxis, in accordance with standing orders and protocols from a
Page 3, Line 16licensed physician, physician assistant, or advanced practice registered
Page 3, Line 17nurse with prescriptive authority, regardless of whether the student has a prescription for
anauto-injector.Page 3, Line 18(d) A governing authority of a school may enter into arrangements
Page 3, Line 19with manufacturers of emergency-use epinephrine
auto-injectorsPage 3, Line 20third-party suppliers of emergency-use epinephrine
auto-injectorsPage 3, Line 21obtain emergency-use epinephrine
auto-injectorsPage 3, Line 22(e) The governing authority of a public school that decides to
Page 3, Line 23maintain a supply of emergency-use epinephrine
auto-injectorsPage 4, Line 1(f) To qualify for the protections in subsection (6) of this section,
Page 4, Line 2the governing authority of a nonpublic school that decides to maintain a
Page 4, Line 3supply of emergency-use epinephrine
auto-injectorsPage 4, Line 4subsection (5.5) must implement a plan based on the rules adopted by the state board of education as described in subsection (8) of this section.
Page 4, Line 5(6) Unless the damages were caused by willful or wanton conduct
Page 4, Line 6or disregard of the criteria of an approved treatment plan, if the provisions
Page 4, Line 7of this section are met, a school, school district, school district director,
Page 4, Line 8or school or school district employee not otherwise provided for under
Page 4, Line 9section 13-21-108
C.R.S.,Page 4, Line 10(a) A student's own use of the student's emergency-use
Page 4, Line 11epinephrine
auto-injectorPage 4, Line 12(b) The good faith administration of
anPage 4, Line 13epinephrine
auto-injectorPage 4, Line 14and protocols on the administration of emergency-use epinephrine
Page 4, Line 15
auto-injectorsparagraph (c) of subsection (5.5) of thisPage 4, Line 16
sectionPage 4, Line 17adopted pursuant to
paragraph (e) or (f) of subsection (5.5) of this sectionPage 4, Line 18(8) The state board of education, with assistance from the
Page 4, Line 19department of public health and environment, shall promulgate and
Page 4, Line 20revise, as necessary, rules for treatment plans for the management of
Page 4, Line 21students with life-threatening allergies pursuant to this section. The state
Page 4, Line 22board of education shall adopt rules on or before December 31, 2013, to include but not be limited to:
Page 5, Line 1(a) Education and training for school nurses and designated school
Page 5, Line 2personnel on the management of students with life-threatening allergies,
Page 5, Line 3including training related to the administration of
anPage 5, Line 4epinephrine.
auto-injector.Page 5, Line 5training, the state board shall solicit input from an organization that represents school nurses.
Page 5, Line 6(e) Requirements for each school to submit, on a form developed
Page 5, Line 7by the department of education, a report of each incident at the school or
Page 5, Line 8a related-school event involving a severe allergic reaction or the administration of
anauto-injectorPage 5, Line 9(f) Requirements for school nurses in schools that have adopted
Page 5, Line 10a policy allowing for the administration of emergency-use epinephrine
Page 5, Line 11
auto-injectorsPage 5, Line 12department of education whether the school nurse has trained and
Page 5, Line 13designated any school personnel to administer emergency-use
Page 5, Line 14epinephrine
auto-injectorsPage 5, Line 15school or school district that have been trained and designated to administer emergency-use epinephrine;
auto-injectors;Page 5, Line 16(g) Detailed standards for training programs that must be
Page 5, Line 17completed by school nurses and designated school personnel in order to
Page 5, Line 18administer
anauto-injectorPage 5, Line 19with subsection (5.5) of this section. Training may be conducted online and, at a minimum, shall cover:
Page 5, Line 20(II) Standards and procedures for the storage and administration of
anauto-injector;Page 5, Line 21(III) Emergency follow-up procedures after administering
anauto-injector.Page 6, Line 1(10) As used in this section, "emergency-use epinephrine"
Page 6, Line 2means a portable, disposable drug delivery device or product
Page 6, Line 3approved by the federal food and drug administration that
Page 6, Line 4contains a premeasured, single dose of epinephrine that is used to treat anaphylaxis in an emergency situation.
Page 6, Line 5SECTION 2. In Colorado Revised Statutes, 22-2-135, amend (3)(a) introductory portion, (3)(a)(III), and (3)(a)(IV) as follows:
Page 6, Line 622-2-135. Food allergy and anaphylaxis management - rules.
Page 6, Line 7(3) (a) On or before January 1, 2010, the state board of education, in
Page 6, Line 8consultation with the department of public health and environment, shall
Page 6, Line 9promulgate rules for the management of food allergies and anaphylaxis
Page 6, Line 10among students enrolled in the public schools of the state. The rules
shallPage 6, Line 11(III) The provision of emergency anaphylaxis treatment training
Page 6, Line 12for appropriate staff to prepare them to respond appropriately in the event
Page 6, Line 13that a student suffers anaphylaxis as a result of an allergic reaction to
Page 6, Line 14food, which training
shallself-injectablePage 6, Line 15(IV) Procedures to ensure the availability of a student's
Page 6, Line 16
self-injectablePage 6, Line 17school in the event that a student suffers anaphylaxis and requires emergency medical treatment.
Page 6, Line 18SECTION 3. Safety clause. The general assembly finds,
Page 6, Line 19determines, and declares that this act is necessary for the immediate
Page 6, Line 20preservation of the public peace, health, or safety or for appropriations for
Page 7, Line 1the support and maintenance of the departments of the state and state institutions.