II 
Calendar No. 229 
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 
OCTOBER 30, 2013 
Reported by Mr. HARKIN, without amendment 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘School Access to Emer-
gency Epinephrine Act’’. 
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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
ADMINISTRA-
TION
OF
EPINEPHRINE.—In determining the 
preference (if any) to be given to a State under 
this subsection, the Secretary shall give addi-
tional preference to a State that provides to the 
Secretary the certification described in subpara-
graph (G) and that requires that each public el-
ementary 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 epineph-
rine in a secure location that is easily ac-
cessible 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 
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‘‘(iii) has in place a plan for having 
on the premises of the school during all op-
erating hours of the school one or more in-
dividuals 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 attor-
ney general that the State has reviewed any ap-
plicable civil liability protection law to deter-
mine the application of such law with regard to 
elementary and secondary school trained per-
sonnel who may administer epinephrine to a 
student reasonably believed to be having an 
anaphylactic reaction and has concluded that 
such law provides adequate civil liability protec-
tion 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 inca-
pacitated.’’; and 
(2) in paragraph (3), by adding at the end the 
following: 
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‘‘(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 administra-
tive staff) of the school to administer epi-
nephrine 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 adminis-
tration of epinephrine meets appropriate 
medical standards and has been docu-
mented by appropriate administrative staff 
of the school.’’. 
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Calendar No. 229 
113TH CONGRESS 
1ST SESSION 
H. R. 2094 
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 epineph-
rine and meeting other related requirements). 
OCTOBER 30, 2013 
Reported without amendment 
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