District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0226 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~ENROLLED~~ ORIGINAL
	1	+	ENGROSSED ORIGINAL
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7		-	AN ACT
8		-
9		-	_____________
10		-
11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12		-
13		-	__________________________
14		-
15		-
16		-	To amend the Student Access to Treatment Act of 2007 to require the D epartment of Health to
17		-	develop and implement an Undesignated Emergency Medications Action Plan that would
18		-	authorize public schools to possess and administer undesignated emergency medications
19		-	determined by the Department of Health, to require the Department of Health to oversee
20		-	the procurement and distribution of undesignated emergency medications and maintain
21		-	records regarding the type s and quantities of undesignated emergency medication s to
22		-	ensure an adequate supply, to require at least 2 employees or agents of each public school
23		-	to be certified in the use of undesignated emergency medications, and to require the
24		-	Office of the State Superintendent of Education to oversee school compliance with the
25		-	employee certification requirement and provide schools with resources for the storage of
26		-	undesignated emergency medications and dissemination of public school employee
27		-	contact information.
28		-
29		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
30		-	act may be cited as the “ Access to Emergency Medications Amendment Act of 2023.”
31		-
32		-	Sec. 2. The Student Access to Treatment Act of 2007, effective February 2, 2008 (D.C.
33		-	Law 17- 107; D.C. Official Code § 38- 651.01 et seq. ), is amended as follows:
34		-	(a) Section 2 (D.C. Official Code § 38- 651.01) is amended as follows:
35		-	(1) A new paragraph (5B) is added to read as follows:
36		-	“(5B) “Undesignated e mergency m edications” means:
37		-	“(A) Albuterol ;
38		-	“(B) Glucagon; and
39		-	“(C) Any other medication designat ed by the Department of Health by rule
40		-	pursuant to section 13 that would be administered in emergency circumstances to a student
41		-	without a prescription for that medication on file with the school .”.
42		-	(2) A new paragraph (7A) is added to read as follows:
43		-	“(7A) “UEMA plan” means the undesignated emergency medications action plan
44		-	established pursuant to section 7.”.
45		-	(b) Section 7 (D.C. Official Code § 38- 651.06) is amended to read as follows:
46		-	“Sec. 7. Student a ccess to undesignated e mergency m edications. ENROLLED ORIGINAL
	7	+	A BILL 1
	8	+	2
	9	+	25-226 3
	10	+	4
	11	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
	12	+	6
	13	+	_________________ 7
	14	+	8
	15	+	9
	16	+	To amend the Student Access to Treatment Act of 2007 to require the Department of Health to 10
	17	+	develop and implement an Undesignated Emergency Medications Action Plan that would 11
	18	+	authorize public schools to possess and administer undesignated emergency medications 12
	19	+	determined by the Department of Health, to require the Department of Health to oversee 13
	20	+	the procurement and distribution of undesignated medications and maintain records 14
	21	+	regarding the types and quantities of undesignated medications to ensure an adequate 15
	22	+	supply, to require at least two employees or agents of each public school to be certified in 16
	23	+	the use of undesignated emergency medications, and to require the Office of the State 17
	24	+	Superintendent of Education to oversee school compliance with the employee 18
	25	+	certification requirement and provide schools with resources for the storage of 19
	26	+	undesignated medication and dissemination of public school employee contact 20
	27	+	information. 21
	28	+	22
	29	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 23
	30	+	act may be cited as the “Access to Emergency Medications Amendment Act of 2023.” 24
	31	+	Sec. 2. The Student Access to Treatment Act of 2007, effective February 2, 2008 (D.C. 25
	32	+	Law 17-107; D.C. Official Code § 38-651.01 et seq.), is amended as follows: 26
	33	+	(a) Section 2 (D.C. Official Code § 38-651.01) is amended as follows: 27
	34	+	(1) A new paragraph (5B) is added to read as follows: 28
	35	+	“(5B) “Undesignated emergency medication” means: 29
	36	+	“(A) Albuterol; 30
	37	+	“(B) Glucagon; and 31 ENGROSSED ORIGINAL
47	38
48	39
49	40
50	41
51	42		2
52		-	“(a) By February 1, 2024, the Department of Health (“Department”) shall establish a
53		-	UEMA plan that authorizes a public school to possess and administer undesignated emergency
54		-	medications to students without prescriptions for those medications.
55		-	“(b) By June 1, 2024, the Department shall obtain a standing order signed by at least one
56		-	physician, physician assistant, or advanced practice nurse licensed in the District to permit public
57		-	schools to use undesignated emergency medications .
58		-	“(c) Under the UEMA plan, the Department shall:
59		-	“(1) Ensure that undesignated emergency medications are procured and
60		-	distributed to public schools for use in emergency circumstances;
61		-	“(2) Ensure the removal and replacement of expired undesignated emergency
62		-	medications in a timely manner;
63		-	“(3) Monitor the supply of undesignated emergency medications and ensure
64		-	sufficient supply is provided to public s chools;
65		-	“(4) Maintain records of the type s and quantities of undesignated emergency
66		-	medications at each public school;
67		-	“(5) Maintain records regarding the procurement, distribution, and disposition of
68		-	undesignated emergency medications for 3 years ; and
69		-	“(6) Establish written protocols for schools to notify a student’s responsible
70		-	person and health suite personnel after the school ’s certified staff or agent administers an
71		-	undesignated emergency medication.
72		-	“(d)(1) Beginning July 1, 2024, each public school shall:
73		-	“(A) Designate at least 2 employees or agents of the school to be certified
74		-	in the use of undesignated emergency medications who are available to administer medications
75		-	during all hours of the school day;
76		-	“(B) Store undesignated emergency medications in a secure but easily
77		-	accessible location in accordance with the manufacturer’s instructions; and
78		-	“(C) Communicate the contact information of the school’s certified
79		-	employees or agents to all staff and personnel at the school.
80		-	“(2) For the purposes of this subsection, the term “ certified” means an individual
81		-	who has obtained a certificate of completion of the Department’s medication administration
82		-	training program established by section 5 .
83		-	“(e) OSSE shall:
84		-	“(1) Require written proof of compliance with subsection (d) of this section from
85		-	each public school on an annual basis;
86		-	“(2) Require any public school not in compliance to submit a plan outlining the
87		-	steps the school shall take to address the noncompliance ;
88		-	“(3) Provide public schools with resources to implement the requirements of
89		-	subsection (d) of this section; an d
90		-	“(4) Maintain records regarding each public school ’s compliance with subsection
91		-	(d) of this section for 3 years. ENROLLED ORIGINAL
	43	+	“(C) Any other medication designated by the Department of Health by rule 32
	44	+	pursuant to section 13 that would be administered in emergency circumstances to a student 33
	45	+	without a prescription for that medication on file with the school.”. 34
	46	+	(2) A new paragraph (7A) is added to read as follows: 35
	47	+	“(7A) “UEMA plan” means the undesignated emergency medications action plan 36
	48	+	established pursuant to section 7.”. 37
	49	+	(b) Section 7 (D.C. Official Code § 38-651.06) is amended to read as follows: 38
	50	+	“Sec. 7. Student access to emergency medications. 39
	51	+	“(a) By February 1, 2024, the Department of Health (“Department”) shall establish a 40
	52	+	UEMA plan that authorizes a public school to possess and administer undesignated emergency 41
	53	+	medications to students without prescriptions for those medications. 42
	54	+	“(b) By June 1, 2024, the Department shall obtain a standing order signed by at least one 43
	55	+	physician, physician assistant, or advanced practice nurse licensed in the District to permit public 44
	56	+	schools to use undesignated emergency medications. 45
	57	+	“(c) Under the UEMA plan, the Department shall: 46
	58	+	“(1) Ensure that undesignated emergency medications are procured and 47
	59	+	distributed to public schools for use in emergency circumstances; 48
	60	+	“(2) Ensure the removal and replacement of expired undesignated agency 49
	61	+	medication in a timely manner; 50 ENGROSSED ORIGINAL
92	62
93	63
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96	66		3
97		-	“(f)(1) An employee or agent of a public school who is certified pursuant to this section
98		-	may administer an undesignated emergency medication to a student whom the employee or agent
99		-	believes in good faith to immediately require the medication.
100		-	“(2)(A) Undesignated emergency medications may be used on public school
101		-	property, including the school building, playground, and school bus, as well as during field trips
102		-	or sanctioned excursions away from public school property.
103		-	“(B) The certified employee or agent of the public school may carry an
104		-	appropriate supply of the public school’s undesignated emergency medications on field trips or
105		-	excursions; provided, that there remains a sufficient supply of the undesignated emergency
106		-	medication in the school building.
107		-	“(3) Within one business day of administ ering an undesignated emergency
108		-	medication to a student, the public school shall notify the Department, who shall in turn:
109		-	“(A) Notify OSSE;
110		-	“(B) Notify the physician, physician assistant, or advance practice nurse
111		-	who provided the standing order for the undesignated emergency medication ; and
112		-	“(C) Provide guidance to the school on how to notify the student’s
113		-	responsible person and health suite personnel that undesignated emergency medication was
114		-	administered.
115		-	“(g) An employee or agent of a public school who is certified pursuant to this section
116		-	may also administer medication for which the y are trained to a student to whom it is prescribed,
117		-	who the employee or agent believes in good faith requires the immediate use of the medication.
118		-	“(h) The Department shall develop a procedure by which the responsible person may
119		-	request that the student not receive treatment in emergency circumstances.”.
120		-	(c) Section 13 (D.C. Of ficial Code § 38-651.12) is amended by adding a new subsection
121		-	(e) to read as follows:
122		-	“(e) The Department of Health shall issue rules to implement the provisions of section 7,
123		-	including the creat ion of a list designating specific medications that would be administered in
124		-	emergency circumstances.”.
125		-
126		-	Sec. 3. Applicability.
127		-	(a) Amendatory s ection 7(b) through (h) within section 2(b) shall apply upon the date of
128		-	inclusion of its fiscal effect in an approved budget and financial plan.
129		-	(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in
130		-	an approved budget and financial plan, and provide notice to the Budget Director of the Council
131		-	of the certification.
132		-	(c)(1) The Budget Director shall cause the notice of the certification to be published in
133		-	the District of Columbia Register.
134		-	(2) The date of publication of the notice of the certification shall not affect the
135		-	applicability of this act.
136		-	ENROLLED ORIGINAL
	67	+	“(3) Monitor the supply of undesignated emergency medications and ensure 51
	68	+	sufficient supply is provided to public schools; 52
	69	+	“(4) Maintain records of the types and quantities of undesignated emergency 53
	70	+	medications at each public school; 54
	71	+	“(5) Maintain records regarding the procurement, distribution, and disposition of 55
	72	+	undesignated medications for 3 years; and 56
	73	+	“(6) Establish written protocols for schools to notify a student’s responsible 57
	74	+	person and health suite personnel after the school’s certified staff or agent administers an 58
	75	+	undesignated emergency medication. 59
	76	+	“(d)(1) Beginning July 1, 2024, each public school shall: 60
	77	+	“(A) Designate at least 2 employees or agents of the school to be certified 61
	78	+	in the use of undesignated emergency medications who are available to administer medications 62
	79	+	during all hours of the school day; 63
	80	+	“(B) Store undesignated emergency medications in a secure but easily 64
	81	+	accessible location in accordance with the manufacturer’s instructions; and 65
	82	+	“(C) Communicate the contact information of the school’s certified 66
	83	+	employees or agents to all staff and personnel at the school. 67
	84	+	“(2) For the purposes of this subsection, the term “certified” means an individual 68
	85	+	who has obtained a certificate of completion of the Department’s medication training program 69
	86	+	pursuant to section 5. 70 ENGROSSED ORIGINAL
137	87
138	88
139	89
140	90
141	91		4
142		-	Sec. 4. Fiscal impact statement.
143		-	The Council adopts the fiscal impact statement in the committee report as the fiscal
144		-	impact statement required by section 4a of the General Legislative Procedures Act of 1975,
145		-	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a).
146		-
147		-	Sec. 5. Effective date.
148		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
149		-	Mayor, action by the Council to override the veto), a 30- day period of congressional review as
150		-	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
151		-	24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of
152		-	Columbia Register.
	92	+	“(e) OSSE shall: 71
	93	+	“(1) Require written proof of compliance with subsection (d) of this section from 72
	94	+	each public school on an annual basis; 73
	95	+	“(2) Require any public school not in compliance to submit a plan outlining the 74
	96	+	steps the school will take to address the noncompliance; 75
	97	+	“(3) Provide public schools with resources to implement the requirements of 76
	98	+	subsection (d) of this section; and 77
	99	+	“(4) Maintain records regarding each public school’s compliance with subsection 78
	100	+	(d) of this section for 3 years. 79
	101	+	“(f)(1) An employee or agent of a public school who is certified pursuant to this section 80
	102	+	may administer an undesignated emergency medication to a student whom the employee or agent 81
	103	+	believes in good faith to immediately require the medication. 82
	104	+	“(2)(A) Undesignated emergency medications may be used on public school 83
	105	+	property, including the school building, playground, and school bus, as well as during field trips 84
	106	+	or sanctioned excursions away from public school property. 85
	107	+	“(B) The certified employee or agent of the public school may carry an 86
	108	+	appropriate supply of the public school’s undesignated emergency medications on field trips or 87
	109	+	excursions; provided, that there remains a sufficient supply of undesignated emergency 88
	110	+	medication in the school building. 89 ENGROSSED ORIGINAL
153	111
154	112
155	113
156	114
157		-	______________________________
158		-	Chairman
159		-	Council of the District of Columbia
	115	+	5
	116	+	“(3) Within one business day of administering an undesignated emergency 90
	117	+	medication to a student, the public school shall notify the Department, who shall in turn: 91
	118	+	“(A) Notify OSSE; 92
	119	+	“(B) Notify the physician, physician assistant, or advance practice nurse 93
	120	+	who provided the standing order for the undesignated emergency medication; and 94
	121	+	“(C) Provide guidance to the school on how to notify the student’s 95
	122	+	responsible person and health suite personnel that undesignated emergency medication was 96
	123	+	administered. 97
	124	+	“(g) An employee or agent of a public school who is certified pursuant to this section 98
	125	+	may also administer medication for which they are trained to a student to whom it is prescribed, 99
	126	+	who the employee or agent believes in good faith requires the immediate use of the medication. 100
	127	+	“(h) DC Health shall develop a procedure by which the responsible person may request 101
	128	+	that the student not receive treatment in emergency circumstances.”. 102
	129	+	(c) Section 13 (D.C. Official Code § 38-651.12) is amended by adding a new subsection 103
	130	+	(e) to read as follows: 104
	131	+	“(e) The Department of Health shall issue rules to implement the provisions of section 7, 105
	132	+	including the creation of a list designating specific medications that would be administered in 106
	133	+	emergency circumstances.”. 107
	134	+	Sec. 3. Applicability. 108 ENGROSSED ORIGINAL
160	135
161	136
162	137
163	138
164		-
165		-	_________________________________
166		-	Mayor
167		-	District of Columbia
168		-
	139	+	6
	140	+	(a) Amended section 7(b) through (h) within section 2(b) shall apply upon the date of 109
	141	+	inclusion of its fiscal effect in an approved budget and financial plan. 110
	142	+	(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in 111
	143	+	an approved budget and financial plan, and provide notice to the Budget Director of the Council 112
	144	+	of the certification. 113
	145	+	(c)(1) The Budget Director shall cause the notice of the certification to be published in 114
	146	+	the District of Columbia Register. 115
	147	+	(2) The date of publication of the notice of the certification shall not affect the 116
	148	+	applicability of this act. 117
	149	+	Sec. 4. Fiscal impact statement. 118
	150	+	The Council adopts the fiscal impact statement in the committee report as the fiscal 119
	151	+	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 120
	152	+	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 121
	153	+	Sec. 5. Effective date. 122
	154	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 123
	155	+	Mayor, action by the Council to override the veto), a 30-day period of congressional review as 124
	156	+	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 125
	157	+	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 126
	158	+	Columbia Register. 127