5835 AAS 03/10/01

5835 AAS 03/10/01

SB 5835 - S AMD 049

By Senators Finkbeiner, McAuliffe, Honeyford and Thibaudeau

ADOPTED 03/10/01

On page 2, after line 5, insert the following:

"NEW SECTION. Sec. 2. A new section is added to chapter 28A.210

RCW to read as follows:

Public school districts may provide for the administration of

epinephrine to students who suffer an anaphylaxis allergic reaction when the students are in the custody of the school district, pursuant to chapter 18.79 RCW, if the epinephrine is provided in compliance with:

(1) Rules adopted under section 4 of this act by the state

nursing care quality assurance commission, and the instructions of

a registered nurse or advanced registered nurse practitioner

issued under the rules; and

(2) Written policies of the school district that are adopted to

implement this section and are developed in accordance with

chapters 41.56 and 41.59 RCW.

NEW SECTION. Sec. 3. A new section is added to chapter 28A.210

RCW to read as follows:

(1) If a school employee provides for the administration of

epinephrine to a student under chapter 18.79 RCW and this chapter in

substantial compliance with: (a) Rules adopted by the state nursing

care quality assurance commission and the instructions of a

registered nurse or advanced registered nurse practitioner issued

under such rules, and (b) written policies of the school district,

then the employee, the employee's school district and school of

employment shall not be liable in any criminal action or for civil

damages in their individual, marital, governmental, corporate, or

other capacity as a result of providing epinephrine.

(2)To be eligible to administer epinephrine, an employee not

licensed under chapter 18.79 RCW, shall file, without coercion by

the employer, a voluntary written, current, and unexpired letter

Of intent stating the employee's willingness to administer

epinephrine in compliance with established guidelines. If a public

school employee who is not licensed under chapter 18.79 RCW

chooses not to file a letter under this section, the employee

shall not be subject to any employer reprisal or disciplinary

action for refusing to file a letter.

NEW SECTION. Sec. 4. A new section is added to chapter 18.79

RCW to read as follows:

(1) In accordance with the rules adopted by the commission,

public school districts may provide for the administration of

epinephrine to students suffering an anaphylaxis allergic reaction when the students are in the custody of the school district.

(2) After consultation with staff of the superintendent of

public instruction, the commission shall adopt rules in accordance

with chapter 34.05 RCW, that provide for the following and such

other matters as the commission deems necessary to the proper

implementation of this section:

(a) A requirement for a written, current, and unexpired request

from a parent, legal guardian, or other person having legal

control over the student that the school district provide for the

administration of epinephrine to the student;

(b) A requirement for a written, current, and unexpired request

from a physician licensed under chapter 18.71 or 18.57 RCW that

administering epinephrine to a student be provided for during the

hours when school is in session or the hours when the student is

under the supervision of school officials;

instructions from an advanced registered nurse practitioner or a

registered nurse licensed under this chapter regarding

administration of epinephrine that include: (i) A designation of the

school district employee or employees who may administer the

epinephrine, and (ii) a description of the nature and extent of any

required supervision; and

(d) The nature and extent of acceptable training that shall:

(i) Be provided by a physician, advanced registered nurse

practitioner, or registered nurse licensed under chapter 18.71 or

18.57 RCW, or this chapter, and (ii) be required of school

district employees who administer the epinephrine to the student

under this section, except that a licensed practical nurse

licensed under this chapter is exempt from training."

SB 5835 - S AMD 049

By Senators Finkbeiner, McAuliffe, Honeyford and Thibaudeau

ADOPTED 03/10/01

On page 1, line 1, of the title after "epinephrine;" strike all material through "RCW 18.73.250" insert the following:

"amending RCW 18.73.250, adding a new section to chapter 18.79 RCW, and adding new sections to chapter 28A.210 RCW."