IIB 

113TH CONGRESS 

1ST SESSION H. R. 2094 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2013 

Received; read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

AN ACT 

To amend the Public Health Service Act to increase the 

preference given, in awarding certain asthma-related 

grants, to certain States (those allowing trained school 

personnel to administer epinephrine and meeting other 

related requirements). 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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HR 2094 RFS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘School Access to Emer3 gency Epinephrine Act’’. 

4 SEC. 2. ADDITIONAL PREFERENCE TO CERTAIN STATES 

5 THAT ALLOW TRAINED SCHOOL PERSONNEL 

6 TO ADMINISTER EPINEPHRINE. 

7 Section 399L(d) of part P of title III of the Public 

8 Health Service Act (42 U.S.C. 280g(d)) is amended— 

9 (1) in paragraph (1), by adding at the end the 

10 following: 

11 ‘‘(F) SCHOOL PERSONNEL ADMINISTRA12 TION OF EPINEPHRINE.—In determining the 

13 preference (if any) to be given to a State under 

14 this subsection, the Secretary shall give addi15 tional preference to a State that provides to the 

16 Secretary the certification described in subpara17 graph (G) and that requires that each public el18 ementary school and secondary school in the 

19 State— 

20 ‘‘(i) permits trained personnel of the 

21 school to administer epinephrine to any 

22 student of the school reasonably believed to 

23 be having an anaphylactic reaction; 

24 ‘‘(ii) maintains a supply of epineph25 rine in a secure location that is easily ac26 cessible to trained personnel of the school 


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HR 2094 RFS

1 for the purpose of administration to any 

2 student of the school reasonably believed to 

3 be having an anaphylactic reaction; and 

4 ‘‘(iii) has in place a plan for having 

5 on the premises of the school during all op6 erating hours of the school one or more in7 dividuals who are trained personnel of the 

8 school. 

9 ‘‘(G) CIVIL LIABILITY PROTECTION LAW.— 

10 The certification required in subparagraph (F) 

11 shall be a certification made by the State attor12 ney general that the State has reviewed any ap13 plicable civil liability protection law to deter14 mine the application of such law with regard to 

15 elementary and secondary school trained per16 sonnel who may administer epinephrine to a 

17 student reasonably believed to be having an 

18 anaphylactic reaction and has concluded that 

19 such law provides adequate civil liability protec20 tion applicable to such trained personnel. For 

21 purposes of the previous sentence, the term 

22 ‘civil liability protection law’ means a State law 

23 offering legal protection to individuals who give 

24 aid on a voluntary basis in an emergency to an 


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HR 2094 RFS

1 individual who is ill, in peril, or otherwise inca2 pacitated.’’; and 

3 (2) in paragraph (3), by adding at the end the 

4 following: 

5 ‘‘(E) The term ‘trained personnel’ means, 

6 with respect to an elementary or secondary 

7 school, an individual— 

8 ‘‘(i) who has been designated by the 

9 principal (or other appropriate administra10 tive staff) of the school to administer epi11 nephrine on a voluntary basis outside their 

12 scope of employment; 

13 ‘‘(ii) who has received training in the 

14 administration of epinephrine; and 

15 ‘‘(iii) whose training in the adminis16 tration of epinephrine meets appropriate 

17 medical standards and has been docu18 mented by appropriate administrative staff 

19 of the school.’’. 

Passed the House of Representatives July 30, 2013. 

Attest: KAREN L. HAAS, 

Clerk. 


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