AN ACT Relating to the emergency administration of epinephrine; amending RCW 18.73.250; adding new sections to chapter 28A.210 RCW; and adding a new section to chapter 18.79 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 18.73.250 and 1999 c 337 s 4 are each amended to read as follows:

(1) All of the state's ambulance and aid services shall make epinephrine available to their emergency medical technicians in their emergency care supplies. The emergency medical technician may administer epinephrine to a patient of any age upon the presentation of evidence of a prescription for epinephrine or to a patient under eighteen years of age:

(a) Upon the request of the patient or his or her parent or guardian; or

(b) Upon the request of a person who presents written authorization from the patient or his or her parent or guardian making such a request.

(2) Any emergency medical technician, emergency medical service, or medical program director acting in good faith and in compliance with the provisions of this section shall not be liable for any civil damages arising out of the furnishing or administration of epinephrine.

(3) Nothing in this section authorizes the administration of epinephrine by a first responder.

((~~(4) This section shall expire December 31, 2001.~~))

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;

(c) A requirement for written, current, and unexpired 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.