GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H                                                                                                                                                   2

HOUSE BILL 824

Committee Substitute Favorable 4/24/13

 

Short Title:        Epi Pen in Schools.

(Public)

Sponsors:

 

Referred to:

 

April 11, 2013

A BILL TO BE ENTITLED

AN ACT to require public schools to have emergency epinephrine auto-injectors on school property for use in an emergency.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 25A of Chapter 115C of the General Statutes is amended by adding a new section to read:

" 115C-375.2A.  School supply of epinephrine auto-injectors.

(a)        A local board of education shall provide for a supply of emergency epinephrine auto-injectors on school property and at school-sponsored events on school grounds for use by trained school personnel to provide emergency medical aid to persons suffering from an anaphylactic reaction. Each school shall store in a secure but easily accessible location a minimum of two epinephrine auto-injectors. For purposes of this section, "school property" does not include transportation to or from school.

(b)        For the purposes of this section and G.S. 115C-375.2, "epinephrine auto-injector" means a disposable drug delivery system with a spring-activated, concealed needle that is designed for emergency administration of epinephrine to provide rapid, convenient first aid for persons suffering a potentially fatal reaction to anaphylaxis.

(c)        The principal shall designate one or more school personnel, as part of the medical care program under G.S. 115C-375.1, to receive initial training and annual retraining from a school nurse or qualified representative of the local health department regarding the storage and emergency use of an epinephrine auto-injector. The school nurse or other designated school personnel who has received training under this subsection shall obtain a prescription for epinephrine auto-injectors from the medical director of the local health department or the local emergency medical services director in the local school administrative unit.

(d)        The principal shall collaborate with appropriate school personnel to develop an emergency action plan for the use of epinephrine auto-injectors in an emergency. The plan shall include at least the following components:

(1)        Standards and procedures for the storage and emergency use of epinephrine auto-injectors by trained school personnel.

(2)        Techniques for recognizing symptoms of anaphylaxis.

(3)        Emergency follow-up procedures, including calling emergency services and contacting a student's parent and physician.

(4)        Instruction and certification in cardiopulmonary resuscitation.

(e)        A supply of emergency epinephrine auto-injectors provided in accordance with this section shall not be used as the sole medication supply for students known to have a medical condition requiring the availability or use of an epinephrine auto-injector. Those students may be authorized to possess and self-administer their asthma medication on school property under G.S. 115C-375.2.(f)       No local board of education, nor its members, employees, designees, agents, or volunteers, shall be liable in civil damages to any party for any act authorized by this section or for any omission relating to that act unless that act or omission amounts to gross negligence, wanton conduct, or intentional wrongdoing."

SECTION 2.  G.S. 115C-238.29F(a) reads as rewritten:

"(a)       Health and Safety Standards. - A charter school shall meet the same health and safety requirements required of a local school administrative unit. The Department of Public Instruction shall ensure that charter schools provide parents and guardians with information about meningococcal meningitis and influenza and their vaccines at the beginning of every school year. This information shall include the causes, symptoms, and how meningococcal meningitis and influenza are spread and the places where parents and guardians may obtain additional information and vaccinations for their children.

The Department of Public Instruction shall also ensure that charter schools provide parents and guardians with information about cervical cancer, cervical dysplasia, human papillomavirus, and the vaccines available to prevent these diseases. This information shall be provided at the beginning of the school year to parents of children entering grades five though [through] 12. This information shall include the causes and symptoms of these diseases, how they are transmitted, how they may be prevented by vaccination, including the benefits and possible side effects of vaccination, and the places where parents and guardians may obtain additional information and vaccinations for their children.

The Department of Public Instruction shall also ensure that charter schools provide students in grades nine through 12 with information annually on the manner in which a parent may lawfully abandon a newborn baby with a responsible person, in accordance with G.S. 7B-500.

The Department of Public Instruction shall also ensure that the guidelines for individual diabetes care plans adopted by the State Board of Education under G.S. 115C-12(31) are implemented in charter schools in which students with diabetes are enrolled and that charter schools otherwise comply with the provisions of G.S. 115C-375.3.

The Department of Public Instruction shall ensure that charter schools comply with G.S. 115C-375.2A. The board of directors of a charter school shall provide the school with a supply of emergency epinephrine auto-injectors necessary to carry out the provisions of G.S. 115C-375.2A."

SECTION 3.  G.S. 115C-238.66(7) reads as rewritten:

"(7)      Health and safety. - The board of directors shall require that the regional school meet the same health and safety standards required of a local school administrative unit.

                  The Department of Public Instruction shall ensure that regional schools comply with G.S. 115C-375.2A. The board of directors of a regional school shall provide the school with a supply of emergency epinephrine auto-injectors necessary to carry out the provisions of G.S. 115C-375.2A."

SECTION 4.  This act is effective when it becomes law and applies beginning with the 2013-2014 school year.