School Access to Emergency Epinephrine Act
PL 113-48 (H.R.2094), enacted 11/13/2013

[113th Congress Public Law 48]
[From the U.S. Government Publishing Office]



[[Page 127 STAT. 575]]

Public Law 113-48
113th Congress

                                 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). <<NOTE: Nov. 13, 2013 -  [H.R. 2094]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: School Access to 
Emergency Epinephrine Act.>> 
SECTION 1. <<NOTE: 42 USC 201 note.>> 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 
                epinephrine.--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) <<NOTE: Certification.>> 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

[[Page 127 STAT. 576]]

                concluded that such law provides adequate civil 
                liability protection applicable to such trained 
                personnel. <<NOTE: Definition.>>  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) <<NOTE: Definition.>> 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.''.

    Approved November 13, 2013.

LEGISLATIVE HISTORY--H.R. 2094:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 113-182 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 159 (2013):
            July 30, considered and passed House.
            Oct. 31, considered and passed Senate.

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