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A BILL 1
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25-226 3
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
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To amend the Student Access to Treatment Act of 2007 to require the Department of Health to 10
develop and implement an Undesignated Emergency Medications Action Plan that would 11
authorize public schools to possess and administer undesignated emergency medications 12
determined by the Department of Health, to require the Department of Health to oversee 13
the procurement and distribution of undesignated medications and maintain records 14
regarding the types and quantities of undesignated medications to ensure an adequate 15
supply, to require at least two employees or agents of each public school to be certified in 16
the use of undesignated emergency medications, and to require the Office of the State 17
Superintendent of Education to oversee school compliance with the employee 18
certification requirement and provide schools with resources for the storage of 19
undesignated medication and dissemination of public school employee contact 20
information. 21
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 23
act may be cited as the “Access to Emergency Medications Amendment Act of 2023.” 24
Sec. 2. The Student Access to Treatment Act of 2007, effective February 2, 2008 (D.C. 25
Law 17-107; D.C. Official Code § 38-651.01 et seq.), is amended as follows: 26
(a) Section 2 (D.C. Official Code § 38-651.01) is amended as follows: 27
(1) A new paragraph (5B) is added to read as follows: 28
“(5B) “Undesignated emergency medication” means: 29
“(A) Albuterol; 30
“(B) Glucagon; and 31 ENGROSSED ORIGINAL
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“(C) Any other medication designated by the Department of Health by rule 32
pursuant to section 13 that would be administered in emergency circumstances to a student 33
without a prescription for that medication on file with the school.”. 34
(2) A new paragraph (7A) is added to read as follows: 35
“(7A) “UEMA plan” means the undesignated emergency medications action plan 36
established pursuant to section 7.”. 37
(b) Section 7 (D.C. Official Code § 38-651.06) is amended to read as follows: 38
“Sec. 7. Student access to emergency medications. 39
“(a) By February 1, 2024, the Department of Health (“Department”) shall establish a 40
UEMA plan that authorizes a public school to possess and administer undesignated emergency 41
medications to students without prescriptions for those medications. 42
“(b) By June 1, 2024, the Department shall obtain a standing order signed by at least one 43
physician, physician assistant, or advanced practice nurse licensed in the District to permit public 44
schools to use undesignated emergency medications. 45
“(c) Under the UEMA plan, the Department shall: 46
“(1) Ensure that undesignated emergency medications are procured and 47
distributed to public schools for use in emergency circumstances; 48
“(2) Ensure the removal and replacement of expired undesignated agency 49
medication in a timely manner; 50 ENGROSSED ORIGINAL
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“(3) Monitor the supply of undesignated emergency medications and ensure 51
sufficient supply is provided to public schools; 52
“(4) Maintain records of the types and quantities of undesignated emergency 53
medications at each public school; 54
“(5) Maintain records regarding the procurement, distribution, and disposition of 55
undesignated medications for 3 years; and 56
“(6) Establish written protocols for schools to notify a student’s responsible 57
person and health suite personnel after the school’s certified staff or agent administers an 58
undesignated emergency medication. 59
“(d)(1) Beginning July 1, 2024, each public school shall: 60
“(A) Designate at least 2 employees or agents of the school to be certified 61
in the use of undesignated emergency medications who are available to administer medications 62
during all hours of the school day; 63
“(B) Store undesignated emergency medications in a secure but easily 64
accessible location in accordance with the manufacturer’s instructions; and 65
“(C) Communicate the contact information of the school’s certified 66
employees or agents to all staff and personnel at the school. 67
“(2) For the purposes of this subsection, the term “certified” means an individual 68
who has obtained a certificate of completion of the Department’s medication training program 69
pursuant to section 5. 70 ENGROSSED ORIGINAL
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“(e) OSSE shall: 71
“(1) Require written proof of compliance with subsection (d) of this section from 72
each public school on an annual basis; 73
“(2) Require any public school not in compliance to submit a plan outlining the 74
steps the school will take to address the noncompliance; 75
“(3) Provide public schools with resources to implement the requirements of 76
subsection (d) of this section; and 77
“(4) Maintain records regarding each public school’s compliance with subsection 78
(d) of this section for 3 years. 79
“(f)(1) An employee or agent of a public school who is certified pursuant to this section 80
may administer an undesignated emergency medication to a student whom the employee or agent 81
believes in good faith to immediately require the medication. 82
“(2)(A) Undesignated emergency medications may be used on public school 83
property, including the school building, playground, and school bus, as well as during field trips 84
or sanctioned excursions away from public school property. 85
“(B) The certified employee or agent of the public school may carry an 86
appropriate supply of the public school’s undesignated emergency medications on field trips or 87
excursions; provided, that there remains a sufficient supply of undesignated emergency 88
medication in the school building. 89 ENGROSSED ORIGINAL
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“(3) Within one business day of administering an undesignated emergency 90
medication to a student, the public school shall notify the Department, who shall in turn: 91
“(A) Notify OSSE; 92
“(B) Notify the physician, physician assistant, or advance practice nurse 93
who provided the standing order for the undesignated emergency medication; and 94
“(C) Provide guidance to the school on how to notify the student’s 95
responsible person and health suite personnel that undesignated emergency medication was 96
administered. 97
“(g) An employee or agent of a public school who is certified pursuant to this section 98
may also administer medication for which they are trained to a student to whom it is prescribed, 99
who the employee or agent believes in good faith requires the immediate use of the medication. 100
“(h) DC Health shall develop a procedure by which the responsible person may request 101
that the student not receive treatment in emergency circumstances.”. 102
(c) Section 13 (D.C. Official Code § 38-651.12) is amended by adding a new subsection 103
(e) to read as follows: 104
“(e) The Department of Health shall issue rules to implement the provisions of section 7, 105
including the creation of a list designating specific medications that would be administered in 106
emergency circumstances.”. 107
Sec. 3. Applicability. 108 ENGROSSED ORIGINAL
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(a) Amended section 7(b) through (h) within section 2(b) shall apply upon the date of 109
inclusion of its fiscal effect in an approved budget and financial plan. 110
(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in 111
an approved budget and financial plan, and provide notice to the Budget Director of the Council 112
of the certification. 113
(c)(1) The Budget Director shall cause the notice of the certification to be published in 114
the District of Columbia Register. 115
(2) The date of publication of the notice of the certification shall not affect the 116
applicability of this act. 117
Sec. 4. Fiscal impact statement. 118
The Council adopts the fiscal impact statement in the committee report as the fiscal 119
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 120
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 121
Sec. 5. Effective date. 122
This act shall take effect following approval by the Mayor (or in the event of veto by the 123
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 124
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 125
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 126
Columbia Register. 127