OLR Report 2013-R-0447 explains recent federal legislation concerning epinephrine auto-injectors (EpiPens) in schools, including how the legislation applies to Connecticut.
On November 13, 2013, President Obama signed into law the “School Access to Emergency Epinephrine Act” (P.L. 113-48). While the act does not require schools to maintain EpiPens, it incentivizes states to require elementary and secondary schools to maintain them. It also incentivizes states to (1) permit trained school personnel to administer epinephrine to any student for an anaphylactic reaction and (2) provide civil liability protection for such personnel when aiding students in an emergency. The act provides that states adopting such laws will be given priority for federal asthma prevention and education grant funding.
Currently, Connecticut law allows school nurses and other specified personnel to administer medication, including epinephrine, to a student pursuant to a medical order and written authorization of the parent or guardian (CGS § 10-212a). However, Connecticut law does not address the issue of administering EpiPens to any student absent such authorization or schools maintaining an emergency stock of EpiPens. If Connecticut enacted legislation meeting the requirements of the federal act, the state would qualify for the funding preference as specified above.
During the 2013 legislative session, two proposed Public Health Committee bills (HB 5537 and SB 61) would have allowed school nurses to administer epinephrine to a student in an emergency, without requiring a written order from the student’s physician or other health care provider. One of the bills (SB 61) received a public hearing, but the committee took no further action on it.
Another proposed Education Committee bill (SB 84) would have required school bus drivers to be trained by the Connecticut School Transportation Association to administer epinephrine. It did not receive a public hearing.
Currently, four states (Louisiana, Maryland, Nebraska, and Virginia) require schools to maintain an emergency stock of EpiPens. For more information on other states’ laws on this issue, see OLR Report 2013-R-0399.
For more information, read the full report.
