ENROLLED ORIGINAL
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AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend the Student Access to Treatment Act of 2007 to require the D epartment of Health to
develop and implement an Undesignated Emergency Medications Action Plan that would
authorize public schools to possess and administer undesignated emergency medications
determined by the Department of Health, to require the Department of Health to oversee
the procurement and distribution of undesignated emergency medications and maintain
records regarding the type s and quantities of undesignated emergency medication s to
ensure an adequate supply, to require at least 2 employees or agents of each public school
to be certified in the use of undesignated emergency medications, and to require the
Office of the State Superintendent of Education to oversee school compliance with the
employee certification requirement and provide schools with resources for the storage of
undesignated emergency medications and dissemination of public school employee
contact information.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “ Access to Emergency Medications Amendment Act of 2023.”
Sec. 2. The Student Access to Treatment Act of 2007, effective February 2, 2008 (D.C.
Law 17- 107; D.C. Official Code § 38- 651.01 et seq. ), is amended as follows:
(a) Section 2 (D.C. Official Code § 38- 651.01) is amended as follows:
(1) A new paragraph (5B) is added to read as follows:
“(5B) “Undesignated e mergency m edications” means:
“(A) Albuterol ;
“(B) Glucagon; and
“(C) Any other medication designat ed by the Department of Health by rule
pursuant to section 13 that would be administered in emergency circumstances to a student
without a prescription for that medication on file with the school .”.
(2) A new paragraph (7A) is added to read as follows:
“(7A) “UEMA plan” means the undesignated emergency medications action plan
established pursuant to section 7.”.
(b) Section 7 (D.C. Official Code § 38- 651.06) is amended to read as follows:
“Sec. 7. Student a ccess to undesignated e mergency m edications. ENROLLED ORIGINAL
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“(a) By February 1, 2024, the Department of Health (“Department”) shall establish a
UEMA plan that authorizes a public school to possess and administer undesignated emergency
medications to students without prescriptions for those medications.
“(b) By June 1, 2024, the Department shall obtain a standing order signed by at least one
physician, physician assistant, or advanced practice nurse licensed in the District to permit public
schools to use undesignated emergency medications .
“(c) Under the UEMA plan, the Department shall:
“(1) Ensure that undesignated emergency medications are procured and
distributed to public schools for use in emergency circumstances;
“(2) Ensure the removal and replacement of expired undesignated emergency
medications in a timely manner;
“(3) Monitor the supply of undesignated emergency medications and ensure
sufficient supply is provided to public s chools;
“(4) Maintain records of the type s and quantities of undesignated emergency
medications at each public school;
“(5) Maintain records regarding the procurement, distribution, and disposition of
undesignated emergency medications for 3 years ; and
“(6) Establish written protocols for schools to notify a student’s responsible
person and health suite personnel after the school ’s certified staff or agent administers an
undesignated emergency medication.
“(d)(1) Beginning July 1, 2024, each public school shall:
“(A) Designate at least 2 employees or agents of the school to be certified
in the use of undesignated emergency medications who are available to administer medications
during all hours of the school day;
“(B) Store undesignated emergency medications in a secure but easily
accessible location in accordance with the manufacturer’s instructions; and
“(C) Communicate the contact information of the school’s certified
employees or agents to all staff and personnel at the school.
“(2) For the purposes of this subsection, the term “ certified” means an individual
who has obtained a certificate of completion of the Department’s medication administration
training program established by section 5 .
“(e) OSSE shall:
“(1) Require written proof of compliance with subsection (d) of this section from
each public school on an annual basis;
“(2) Require any public school not in compliance to submit a plan outlining the
steps the school shall take to address the noncompliance ;
“(3) Provide public schools with resources to implement the requirements of
subsection (d) of this section; an d
“(4) Maintain records regarding each public school ’s compliance with subsection
(d) of this section for 3 years. ENROLLED ORIGINAL
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“(f)(1) An employee or agent of a public school who is certified pursuant to this section
may administer an undesignated emergency medication to a student whom the employee or agent
believes in good faith to immediately require the medication.
“(2)(A) Undesignated emergency medications may be used on public school
property, including the school building, playground, and school bus, as well as during field trips
or sanctioned excursions away from public school property.
“(B) The certified employee or agent of the public school may carry an
appropriate supply of the public school’s undesignated emergency medications on field trips or
excursions; provided, that there remains a sufficient supply of the undesignated emergency
medication in the school building.
“(3) Within one business day of administ ering an undesignated emergency
medication to a student, the public school shall notify the Department, who shall in turn:
“(A) Notify OSSE;
“(B) Notify the physician, physician assistant, or advance practice nurse
who provided the standing order for the undesignated emergency medication ; and
“(C) Provide guidance to the school on how to notify the student’s
responsible person and health suite personnel that undesignated emergency medication was
administered.
“(g) An employee or agent of a public school who is certified pursuant to this section
may also administer medication for which the y are trained to a student to whom it is prescribed,
who the employee or agent believes in good faith requires the immediate use of the medication.
“(h) The Department shall develop a procedure by which the responsible person may
request that the student not receive treatment in emergency circumstances.”.
(c) Section 13 (D.C. Of ficial Code § 38-651.12) is amended by adding a new subsection
(e) to read as follows:
“(e) The Department of Health shall issue rules to implement the provisions of section 7,
including the creat ion of a list designating specific medications that would be administered in
emergency circumstances.”.
Sec. 3. Applicability.
(a) Amendatory s ection 7(b) through (h) within section 2(b) shall apply upon the date of
inclusion of its fiscal effect in an approved budget and financial plan.
(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in
an approved budget and financial plan, and provide notice to the Budget Director of the Council
of the certification.
(c)(1) The Budget Director shall cause the notice of the certification to be published in
the District of Columbia Register.
(2) The date of publication of the notice of the certification shall not affect the
applicability of this act.
ENROLLED ORIGINAL
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Sec. 4. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal
impact statement required by section 4a of the General Legislative Procedures Act of 1975,
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a).
Sec. 5. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the
Mayor, action by the Council to override the veto), a 30- day period of congressional review as
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of
Columbia Register.
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Chairman
Council of the District of Columbia
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Mayor
District of Columbia