IB 

Union Calendar No. 130 

113TH CONGRESS 

1ST SESSION H. R. 2094 

[Report No. 113–182] 

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). 

IN THE HOUSE OF REPRESENTATIVES 

MAY 22, 2013 

Mr. ROE of Tennessee (for himself and Mr. HOYER) introduced the following 

bill; which was referred to the Committee on Energy and Commerce 

JULY 30, 2013 

Additional sponsors: Mr. MCCAUL, Mr. THOMPSON of Pennsylvania, Mrs. 

BLACKBURN, Mr. LATHAM, Ms. MATSUI, Mr. KING of New York, Mr. 

BURGESS, Mr. DESJARLAIS, Mr. GRIFFITH of Virginia, Mr. CASSIDY, 

Mr. MCKINLEY, Mr. LOEBSACK, Mr. DOYLE, Mrs. CAPPS, Mr. SESSIONS, 

Mr. SCALISE, Mr. RYAN of Ohio, Ms. CASTOR of Florida, Mr. SARBANES, 

Mr. MCNERNEY, Mr. BEN RAY LUJA ́N of New Mexico, Mr. WELCH, Mr. 

JOHNSON of Ohio, Mr. TONKO, Mr. RUSH, Mr. BUTTERFIELD, Mr. BARROW of Georgia, Ms. SCHAKOWSKY, Mr. MCGOVERN, Mr. WHITFIELD, 

Mr. GENE GREEN of Texas, Mrs. CHRISTENSEN, Mr. BILIRAKIS, Mr. 

BARLETTA, and Mr. CARTWRIGHT

JULY 30, 2013 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


emcdonald on DSK67QTVN1PROD with BILLS
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•HR 2094 RH

A BILL 

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). 


emcdonald on DSK67QTVN1PROD with BILLS
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•HR 2094 RH

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘School Access to Emer5 gency Epinephrine Act’’. 

6 SEC. 2. ADDITIONAL PREFERENCE TO CERTAIN STATES 

7 THAT ALLOW TRAINED SCHOOL PERSONNEL 

8 TO ADMINISTER EPINEPHRINE. 

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

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

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

12 following: 

13 ‘‘(F) SCHOOL PERSONNEL ADMINISTRA14 TION OF EPINEPHRINE.—In determining the 

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

16 this subsection, the Secretary shall give addi17 tional preference to a State that provides to the 

18 Secretary the certification described in subpara19 graph (G) and that requires that each public el20 ementary school and secondary school in the 

21 State— 

22 ‘‘(i) permits trained personnel of the 

23 school to administer epinephrine to any 

24 student of the school reasonably believed to 

25 be having an anaphylactic reaction; 


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1 ‘‘(ii) maintains a supply of epineph2 rine in a secure location that is easily ac3 cessible to trained personnel of the school 

4 for the purpose of administration to any 

5 student of the school reasonably believed to 

6 be having an anaphylactic reaction; and 

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

8 on the premises of the school during all op9 erating hours of the school one or more in10 dividuals who are trained personnel of the 

11 school. 

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

13 The certification required in subparagraph (F) 

14 shall be a certification made by the State attor15 ney general that the State has reviewed any ap16 plicable civil liability protection law to deter17 mine the application of such law with regard to 

18 elementary and secondary school trained per19 sonnel who may administer epinephrine to a 

20 student reasonably believed to be having an 

21 anaphylactic reaction and has concluded that 

22 such law provides adequate civil liability protec23 tion applicable to such trained personnel. For 

24 purposes of the previous sentence, the term 

25 ‘civil liability protection law’ means a State law 


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1 offering legal protection to individuals who give 

2 aid on a voluntary basis in an emergency to an 

3 individual who is ill, in peril, or otherwise inca4 pacitated.’’; and 

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

6 following: 

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

8 with respect to an elementary or secondary 

9 school, an individual— 

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

11 principal (or other appropriate administra12 tive staff) of the school to administer epi13 nephrine on a voluntary basis outside their 

14 scope of employment; 

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

16 administration of epinephrine; and 

17 ‘‘(iii) whose training in the adminis18 tration of epinephrine meets appropriate 

19 medical standards and has been docu20 mented by appropriate administrative staff 

21 of the school.’’. 


emcdonald on DSK67QTVN1PROD with BILLS
Union Calendar No. 130 

113TH CONGRESS 

1ST SESSION H. R. 2094 

[Report No. 113–182] 

A BILL 

To amend the Public Health Service Act to increase 

rine and meeting other related requirements). trained school personnel to administer epinephrelated grants, to certain States (those allowing the preference given, in awarding certain asthmaJULY 30, 2013 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


emcdonald on DSK67QTVN1PROD with BILLS