Amend the bill, as and if amended, by deleting Section 59-63-95(E), as contained in SECTION 2, and inserting:
/ (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 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. /
Amend the bill further, by deleting Section 59-63-95(H), as contained in SECTION 2, and inserting:
/ (H)(1) A school, school district, school district governing authority, private school governing authority, the Department of Health and Environmental Control, the State 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 undertake an act identified in subsection (H)(2), are not liable for damages caused by injuries to a student or another person resulting from the administration or self-administration of an epinephrine auto-injector, regardless of whether:
(a) the student's parent or guardian, or a physician, advanced practice registered nurse, or physician assistant, authorized the administration or self-administration; or
(b) 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.
(2) The immunity granted pursuant to subsection (H)(1) applies to individuals and entities who:
(a) 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;
(b) make publicly available a plan, pursuant to subsection (F);
(c) prescribe epinephrine auto-injectors, pursuant to subsection (B);
(d) dispense epinephrine auto-injectors, pursuant to subsection (B);
(e) provide epinephrine auto-injectors to students or other people for self-administration, pursuant to subsection (C); or
(f) administer epinephrine auto-injectors to students or other people, pursuant to subsection (C).
(3) The immunity granted pursuant to this subsection:
(a) does not apply to acts or omissions constituting gross negligence or wilful, wanton, or reckless conduct; and
(b) 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.
(4) The administration of an epinephrine auto-injector pursuant to this section is not the practice of medicine or nursing." /
Renumber sections to conform.
Amend title to conform.