Read first time 01/18/13.   Referred to Committee on Early Learning & K-12 Education.

     AN ACT Relating to placing epinephrine autoinjectors in schools; adding a new section to chapter 28A.210 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that allergies are a serious medical disorder that affect more than one in five persons in the United States and are the sixth leading cause of chronic disease. Roughly one in thirteen children has a food allergy, and the incidence is rising. Up to forty percent of food-allergic children may be at risk for anaphylaxis, a severe and potentially life-threatening reaction. Anaphylaxis may also occur due to an insect sting, drug allergy, or other causes. Twenty-five percent of first-time anaphylactic reactions among children occur in a school setting. Anaphylaxis can occur anywhere on school property, including the classroom, playground, school bus, or on field trips.
     (2) Rapid and appropriate administration of the drug epinephrine, also known as adrenaline, to a patient experiencing an anaphylactic reaction may make the difference between life and death. In a school setting, epinephrine is typically administered intramuscularly via an epinephrine autoinjector device. Medical experts agree that the benefits of emergency epinephrine administration far outweigh the risks.
     (3) The legislature further finds that, on many days, as much as twenty percent of the nation's combined adult and child population can be found in public and nonpublic schools. Therefore, schools need to be prepared to treat potentially life-threatening anaphylactic reactions in the event a student is experiencing a first-time anaphylactic reaction, a student does not have his or her own epinephrine autoinjector device available, or if a school nurse is not in the vicinity at the time.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.210 RCW to read as follows:
     (1) School districts and nonpublic schools may maintain at a school in a designated location a supply of epinephrine autoinjectors based on the number of students enrolled in the school.
     (2)(a) A physician may prescribe epinephrine autoinjectors in the name of the school district or school to be maintained for use when necessary. Epinephrine prescriptions must be accompanied by a standing physician's order for the administration of school-supplied, undesignated epinephrine autoinjectors for potentially life-threatening allergic reactions.
     (b) There are no changes to current prescription or self-administration practices for children with existing physician prescribed epinephrine autoinjectors or a physician guided anaphylaxis action plan.
     (c) Epinephrine autoinjectors may be obtained from donation sources, but must require a physician's prescription.
     (3)(a) When a student does not have an epinephrine autoinjector or a prescription for an epinephrine autoinjector on file, the school nurse or designated trained school personnel may utilize the school district or school supply of epinephrine autoinjectors to respond to an anaphylactic reaction under a standing protocol from a physician employed under RCW 28A.210.300 or any other physician with which the school has contracted for medical services.
     (b) Epinephrine autoinjectors may be used on school property, including the school building, playground, and school bus, as well as during field trips or sanctioned excursions away from school property. The school nurse or designated trained school personnel may carry an appropriate supply of school owned epinephrine autoinjectors on field trips or excursions.
     (4)(a) If a student is injured or harmed due to the administration of epinephrine that a physician has prescribed and a pharmacist has dispensed to a school under this section, the physician and pharmacist may not be held responsible for the injury unless he or she issued the prescription with a conscious disregard for safety.
     (b) If a student is injured or harmed due to the administration of epinephrine that a school employee has administered to a student, the school employee may not be held responsible for the injury if he or she acted in good faith professionally and according to his or her training level. The school employee may be held responsible for the injury if he or she administered the epinephrine injection with a conscious disregard for safety.
     (c) School employees, except those licensed under chapter 18.79 RCW, who have not agreed in writing to the use of epinephrine autoinjectors as a specific part of their job description, may file with the school district a written letter of refusal to use epinephrine autoinjectors. This written letter of refusal may not serve as grounds for discharge, nonrenewal of an employment contract, or other action adversely affecting the employee's contract status.
     (d) A school, school district, nonpublic school, or the office of the superintendent of public instruction is not responsible for any injury that occurs under (a) or (b) of this subsection.