Reference is to 3/6/13-H.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited as the "Safe Access to Vital Epinephrine Act".
SECTION 2. Article 1, Chapter 63, Title 59 is amended by adding:
"Section 59-63-95.
(A) As used in this section, and
unless the specific context indicates otherwise:
(1)
'Administer' means the direct application of an
epinephrine auto-injector into the body of a person.
(2)
'Advanced practice registered nurse' means a registered
nurse prepared for an advanced practice registered nursing role
by virtue of the additional knowledge gained through an advanced
formal education program in a specialty area pursuant to Chapter
33, Title 40.
(3)
'Designated school personnel' means an employee, agent, or
volunteer of a school designated by the governing authority of
the school district or the governing authority of the private
school who has completed the training required in accordance
with the guidelines of the governing authority to provide for or
administer an epinephrine auto-injector to a student.
(4)
'Epinephrine auto-injector' means a device that
automatically injects a premeasured dose of epinephrine into a
person.
(5)
'Governing authority of a school' means the board of
trustees of a school district or the board of trustees of a
private school.
(6)
'Participating governing authorities' means governing
authorities of school districts and governing authorities of
private schools that authorize schools to maintain a supply of
undesignated epinephrine auto-injectors and to provide and
administer epinephrine auto-injectors to students and other
people pursuant to Sections 59-63-95(B) and (C).
(7)
'Physician' means a doctor of medicine licensed by the
South Carolina Board of Medical Examiners pursuant to Article 1,
Chapter 47, Title 40.
(8)
'Physician assistant' means a health care professional
licensed to assist with the practice of medicine with a
physician supervisor pursuant to Article 7, Chapter 47, Title
40.
(9)
'Provide' means to supply one or more epinephrine
auto-injectors to a student or other person.
(10)
'School' means a public or private school.
(11)
'Self-administration' means a student or other person's
discretionary use of an epinephrine auto-injector, whether
provided by the student or the other person or by a school nurse
or other designated school personnel pursuant to this
section.
(B) Notwithstanding
another provision of law, a physician, an advanced practice
registered nurse licensed to prescribe medication pursuant to
Section 40-33-34, and a physician assistant licensed to
prescribe medication pursuant to Sections 40-47-955 through
40-47-965 may prescribe epinephrine auto-injectors maintained in
the name of a school for use in accordance with subsection (D).
Notwithstanding another provision of law, licensed pharmacists
and physicians may dispense epinephrine auto-injectors in
accordance with a prescription issued pursuant to this
subsection. Notwithstanding another provision of law, a school
may maintain a stock supply of epinephrine auto-injectors in
accordance with a prescription issued pursuant to this
subsection. For the purposes of administering and storing
epinephrine auto-injectors, schools are not subject to Chapter
43, Title 40 or Chapter 99 of the South Carolina Code of State
Regulations.
(C) The governing
authority of a school district or private school may authorize
school nurses and other designated school personnel to:
(1)
provide an epinephrine auto-injector to a student to
self-administer the epinephrine auto-injector in accordance with
a prescription specific to the student that is on file with the
school;
(2)
administer an epinephrine auto-injector to a student in
accordance with a prescription specific to the student on file
with the school;
(3)
administer an epinephrine auto-injector to a student or
other individual on school premises whom the school nurse or
other designated school personnel believes in good faith is
experiencing anaphylaxis, in accordance with a standing protocol
of a physician, an advanced practice registered nurse licensed
to prescribe medication pursuant to Section 40-33-34, or a
physician assistant licensed to prescribe medication pursuant to
Sections 40-47-955 through 40-47-965, regardless of whether the
student or other individual has a prescription for an
epinephrine auto-injector.
(D) The governing
authority of a school district or the governing authority of a
private school may enter into arrangements with manufacturers of
epinephrine auto-injectors or third-party suppliers of
epinephrine auto-injectors to obtain epinephrine auto-injectors
at fair-market, free, or reduced prices.
(E) Participating
governing authorities, in consultation with the State Department
of Education and the Department of Health and Environmental
Control, shall implement a plan for the management of students
with life-threatening food allergies enrolled in the schools
under their jurisdiction. The plan must include, but need not be
limited to:
(1)
education and training for school personnel on the
management of students with life-threatening allergies,
including training related to the administration of an
epinephrine auto-injector, techniques on how to recognize
symptoms of severe allergic reactions, including anaphylaxis,
and the standards and procedures for the storage and
administration of an epinephrine auto-injector;
(2)
procedures for responding to life-threatening allergic
reactions, including emergency follow-up procedures; and
(3)
a process for the development of individualized health
care and allergy action plans for every student with a known
life-threatening allergy.
(F) Participating
governing authorities shall make the plan developed pursuant to
subsection (E) available on the websites of the school district
and private school governing authorities and on the websites of
schools; provided, however, if a school does not have a website,
make the plan publicly available through other practicable means
as determined by such governing authorities.
(G) This section
applies only to Participating governing authorities.
(H) A school, school
district, school district governing authority, private school
governing authority, the Department of Health and Environmental
Control, the Department of Education, and employees, volunteers,
and other agents of all of those entities, including, but not
limited to, a physician, advanced practice registered nurse,
physician assistant, pharmacist, school nurse, and other
designated school personnel, who:
(1)
develop or implement, or participate in the development or
implementation of, a plan, pursuant to subsection (E),
including, but not limited to, providing training to school
nurses and other designated school personnel;
(2)
make publicly available a plan, pursuant to subsection
(F);
(3)
prescribe epinephrine auto-injectors, pursuant to
subsection (B);
(4)
dispense epinephrine auto-injectors, pursuant to
subsection (B);
(5)
provide epinephrine auto-injectors to students or other
people for self-administration, pursuant to subsection (C);
or
(6)
administer epinephrine auto-injectors to students or other
people, pursuant to subsection (C), must not be liable for
damages for injuries that result from the administration or
self-administration of an epinephrine auto-injector to a
student, regardless of whether the student's parent or guardian,
or a physician, advanced practice registered nurse, or physician
assistant, authorized the administration or self-administration,
or to another person, regardless of whether the other person to
whom a school nurse or other designated school personnel
provides or administers an epinephrine auto-injector gave
authorization for the administration. This immunity does not
apply to acts or omissions constituting gross negligence or
wilful, wanton, or reckless conduct. The administration of an
epinephrine auto-injector pursuant to this section is not the
practice of medicine or nursing. The immunity from liability
provided under this subsection is in addition to, and not in
lieu of, immunity provided pursuant to Sections 15-1-310,
15-78-10, and any other provisions of law."
SECTION 3. This act takes effect upon approval of the Governor. /
Renumber sections to conform.
Amend title to conform.