SLS 12RS-58 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 119
BY SENATOR MORRELL
SCHOOLS. Provides for administration of auto-injectable epinephrine by a school nurse.
(gov sig)
AN ACT1
To enact R.S. 17:436.1(K), relative to the administration of medication to public school2
students; to require public school governing authorities to adopt a policy allowing3
school nurses to administer certain medication to students under certain4
circumstances; to provide for definitions; to provide for limitation of liability; to5
provide for notification of policy; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:436.1(K) is hereby enacted to read as follows: 8
ยง436.1. Administration of medication; definition; conditions; restrictions9
* * *10
K.(1) Notwithstanding any provision of law or any rule, regulation, or11
policy to the contrary, the governing authority of each public elementary and12
secondary school shall adopt a policy authorizing a school nurse to administer13
auto-injectable epinephrine, as defined in R.S. 17:436.1(J)(4)(a), to a student14
who the school nurse, in good faith, professionally believes is having an15
anaphylactic reaction, whether or not such student has a prescription for16
epinephrine.17 SB NO. 119
SLS 12RS-58 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2) A school nurse who in good faith administers, or chooses not to1
administer, epinephrine to a student pursuant to this Subsection shall be2
immune from any liability for any act or omission to act related to the3
administration of epinephrine, except in the case of willful or wanton4
misconduct.5
(3) Each public elementary and secondary school may maintain a supply6
of auto-injectable epinephrine at the school in a locked, secure, and easily7
accessible location. A licensed physician may prescribe epinephrine auto-8
injectors in the name of the school system or the individual school to be9
maintained for use when deemed necessary pursuant to the provisions of this10
Subsection.11
(4) Each school shall include the policy required by this Subsection in12
its student handbook and post such policy on the school's website, if it has one.13
Such policy shall also be disclosed to any parent or other legal guardian who14
notifies the school in which the student is enrolled, in writing, that the student15
has an allergy or other condition which puts him at risk of anaphylaxis.16
Section 2. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
Present law provides relative to the administration of medication to public school students
and the self administration of certain medication by certain students.
Proposed law retains present law and additionally requires the governing authority of each
public elementary and secondary school to adopt a policy authorizing a school nurse to
administer auto-injectable epinephrine to a student who the school nurse, in good faith,
professionally believes is having an anaphylactic reaction, whether or not such student has
a prescription for epinephrine. Present law defines "auto-injectable epinephrine" as a medical
device for the immediate self-administration of epinephrine by a person at risk for
anaphylaxis. SB NO. 119
SLS 12RS-58 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides that a school nurse who in good faith administers, or chooses not to
administer, epinephrine to a student shall be immune from any liability for any act or
omission to act related to the administration of epinephrine pursuant to proposed law, except
in the case of willful or wanton misconduct.
Proposed law provides that each public elementary and secondary school may maintain a
supply of epinephrine at the school in a locked, secure, and easily accessible location.
Further provides that a licensed physician may prescribe epinephrine auto-injectors in the
name of the school system or the individual school.
Proposed law requires each school to include the required policy in its student handbook and
to post such policy on the school's website, if it has one. Further requires the school to
disclose such policy to a parent or legal guardian who notifies the school in which a student
is enrolled, in writing, that the student has an allergy or other condition which puts him at
risk of anaphylaxis.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 17:436.1(K))