H. R. 2094 

One Hundred Thirteenth Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Thursday, 

the third day of January, two thousand and thirteen 

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). 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘School Access to Emergency 

Epinephrine Act’’. 

SEC. 2. ADDITIONAL PREFERENCE TO CERTAIN STATES THAT ALLOW 

TRAINED SCHOOL PERSONNEL TO ADMINISTER EPINEPHRINE. 

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

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

(1) in paragraph (1), by adding at the end the following: 

‘‘(F) SCHOOL PERSONNEL ADMINISTRATION OF EPINEPH- RINE.—In determining the preference (if any) to be given 

to a State under this subsection, the Secretary shall give 

additional preference to a State that provides to the Secretary the certification described in subparagraph (G) and 

that requires that each public elementary school and secondary school in the State— 

‘‘(i) permits trained personnel of the school to 

administer epinephrine to any student of the school 

reasonably believed to be having an anaphylactic reaction; 

‘‘(ii) maintains a supply of epinephrine in a secure 

location that is easily accessible to trained personnel 

of the school for the purpose of administration to any 

student of the school reasonably believed to be having 

an anaphylactic reaction; and 

‘‘(iii) has in place a plan for having on the premises 

of the school during all operating hours of the school 

one or more individuals who are trained personnel 

of the school. 

‘‘(G) CIVIL LIABILITY PROTECTION LAW.—The certification required in subparagraph (F) shall be a certification 

made by the State attorney general that the State has 

reviewed any applicable civil liability protection law to 

determine the application of such law with regard to 

elementary and secondary school trained personnel who 

may administer epinephrine to a student reasonably 

believed to be having an anaphylactic reaction and has 
H. R. 2094—2 

concluded that such law provides adequate civil liability 

protection applicable to such trained personnel. For purposes of the previous sentence, the term ‘civil liability 

protection law’ means a State law offering legal protection 

to individuals who give aid on a voluntary basis in an 

emergency to an individual who is ill, in peril, or otherwise 

incapacitated.’’; and 

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

‘‘(E) The term ‘trained personnel’ means, with respect 

to an elementary or secondary school, an individual— 

‘‘(i) who has been designated by the principal (or 

other appropriate administrative staff) of the school 

to administer epinephrine on a voluntary basis outside 

their scope of employment; 

‘‘(ii) who has received training in the administration of epinephrine; and 

‘‘(iii) whose training in the administration of 

epinephrine meets appropriate medical standards and 

has been documented by appropriate administrative 

staff of the school.’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.