II 

113TH CONGRESS 

1ST SESSION S. 1503 

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 SENATE OF THE UNITED STATES 

SEPTEMBER 12, 2013 

Mr. DURBIN (for himself, Mr. KIRK, Mr. BENNET, Mr. CARDIN, Mr. WARNER, Mr. TESTER, Mrs. SHAHEEN, Mr. BAUCUS, Ms. LANDRIEU, Mr. 

COCHRAN, Mr. WHITEHOUSE, Mr. RUBIO, Mr. JOHNSON of South Dakota, Mr. BLUNT, Ms. CANTWELL, Ms. MIKULSKI, Mr. BLUMENTHAL, 

Mr. SANDERS, Mr. FRANKEN, Mrs. HAGAN, and Mr. MARKEY) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

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). 

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’’. 


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1 SEC. 2. ADDITIONAL PREFERENCE TO CERTAIN STATES 

2 THAT ALLOW TRAINED SCHOOL PERSONNEL 

3 TO ADMINISTER EPINEPHRINE. 

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

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

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

7 following: 

8 ‘‘(F) SCHOOL PERSONNEL ADMINISTRA9 TION OF EPINEPHRINE.—In determining the 

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

11 this subsection, the Secretary shall give addi12 tional preference to a State that provides to the 

13 Secretary the certification described in subpara14 graph (G) and that requires that each public el15 ementary school and secondary school in the 

16 State— 

17 ‘‘(i) permits trained personnel of the 

18 school to administer epinephrine to any 

19 student of the school reasonably believed to 

20 be having an anaphylactic reaction; 

21 ‘‘(ii) maintains a supply of epineph22 rine in a secure location that is easily ac23 cessible to trained personnel of the school 

24 for the purpose of administration to any 

25 student of the school reasonably believed to 

26 be having an anaphylactic reaction; and 


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

2 on the premises of the school during all op3 erating hours of the school one or more in4 dividuals who are trained personnel of the 

5 school. 

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

7 The certification required in subparagraph (F) 

8 shall be a certification made by the State attor9 ney general that the State has reviewed any ap10 plicable civil liability protection law to deter11 mine the application of such law with regard to 

12 elementary and secondary school trained per13 sonnel who may administer epinephrine to a 

14 student reasonably believed to be having an 

15 anaphylactic reaction and has concluded that 

16 such law provides adequate civil liability protec17 tion applicable to such trained personnel. For 

18 purposes of the previous sentence, the term 

19 ‘civil liability protection law’ means a State law 

20 offering legal protection to individuals who give 

21 aid on a voluntary basis in an emergency to an 

22 individual who is ill, in peril, or otherwise inca23 pacitated.’’; and 

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

25 following: 


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

2 with respect to an elementary or secondary 

3 school an individual— 

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

5 principal (or other appropriate administra6 tive staff) of the school to administer epi7 nephrine on a voluntary basis outside their 

8 scope of employment; 

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

10 administration of epinephrine; and 

11 ‘‘(iii) whose training in the adminis12 tration of epinephrine meets appropriate 

13 medical standards and has been docu14 mented by appropriate administrative staff 

15 of the school.’’. 

Æ 


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