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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (202 4)
HOUSE BILL 3034 By: Stinson
AS INTRODUCED
An Act relating to schools; creating the Emerson Kate
Cole Act; amending 70 O.S. 2021, Section 1 -116.3,
which relates to school medication policies;
requiring school to c all 911 if Epinephrine is
administered to a student; mandating school to notify
parent if student experiences possible allergic
reaction; requiring annual training for certain
teachers and school employees; prescribing content
and method for training ; providing for
noncodification; providing an effective date ; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to b e
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Emerson Kate
Cole Act".
SECTION 2. AMENDATORY 70 O.S. 2021, Section 1-116.3, is
amended to read as follows:
Section 1-116.3 A. Notwithstanding the provisions of Section
1-116.2 of this title, the board of education of each school
district shall adopt a pol icy on or before September 1, 2008, that
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permits the self-administration of inhaled asthma medication by a
student for treatment of asthma, the self -administration of
anaphylaxis medication by a student for treatment of anaphylaxis ,
and the self-administration of replacement pancreatic enzymes by a
student for treatment of cystic fibrosis. The policy shall require:
1. The parent or guardian of the student to authorize in
writing the student's self-administration of medication;
2. The parent or guardian of the student to provide to the
school a written statement from t he physician treating the student
that the student has asthm a, anaphylaxis, or cystic fibrosis and is
capable of, and has been instructed in the proper method of, self -
administration of medicat ion;
3. The parent or guardian of the student to provide to th e
school an emergency supply of the student 's medication to be
administered pursuant to the provisions of Section 1 -116.2 of this
title;
4. The school district to inform the parent or guardian of the
student, in writing, that the school district and its e mployees and
agents shall incur no liability as a result of any injury arising
from the self-administration of medication by the student; and
5. The parent or guardian of the student to sign a statement
acknowledging that the school district shall incur n o liability as a
result of any injury arising from the self -administration of
medication by the student.
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B. The school board of each school district that elects to
stock Epinephrine injectors or inhalers shall amend the policy
identified in subsection A of this section.
1. The amended policy for Epinephrine injec tors shall require:
a. the school district to inform the parent or guardian
of each student, in writing, that a school nurse or
school employee trained by a health care professional
or trained in correlation with the State Department of
Health's Diabetes Management Annual School Training
Program may administer, with parent or guardian
permission but without a health care provider order,
an Epinephrine injection to a student whom the school
nurse or trained school employee in good faith
believes is having an anaphylactic reaction,
b. a waiver of liability executed by a parent or guardian
be on file with the school district prior to the
administration of an Epinephrine injection pursuant to
paragraph 1 of this subsection, and
c. the school district to designat e the employee
responsible for obtaining the Epinephrine injectors at
each school site.
2. The amended policy for inhalers shall req uire:
a. the school district to inform the parent or guardian
of each student, in writing, that a school nurse or
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school employee trained by a health care professional
may administer an inhaler to a student whom the school
nurse or trained school employee in good faith
believes is having respiratory distress,
b. the school district to designate the employee
responsible for obtaining the inhalers and spacers or
holding chambers at each school site, and
c. the school district to notify the parent or guardian
of a student after administration of an inhaler.
C. The school district and its employees and agents shall incur
no liability as a result of any injury arising pursuant to the
discharge or nondischarge of the powers provided for pursuant to
subparagraph a of paragraphs 1 and 2 of subsection B of this
section.
D. A licensed physician who has prescriptive authority may
write a prescription for Epinephrine injectors and inhalers and
spacers or holding chambers to the school district in the name of
the district as a body corporate specified in Section 5 -105 of this
title which shall be maintained at each school site. Such physic ian
shall incur no liability as a result of any injury arising from the
use of the Epinephrine injectors or the inhalers and spacers or
holding chambers.
E. The school district may maintain at ea ch school a minimum of
two Epinephrine injectors and two inh alers with spacers or holding
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chambers in a secure location. Provided, however, that nothing in
this section shall be construed as c reating or imposing a duty on a
school district to maintain Epi nephrine injectors or inhalers with
spacers or holding chamb ers at a school site or sites.
F. In the event a student is believed to be having an
anaphylactic reaction or respiratory distress, a school employee
shall contact 911 as soon as possible. If Epinephrine is
administered to a student, a school employee sh all contact 911 as
soon as possible. The school district shall notify the parent or
guardian of any student who experiences a possible allergic reaction
as soon as possible.
G. The State Board o f Education, in consultation with the State
Board of Health, shall develop model policies which school districts
may use in compliance with this section. The model policies shall
include, at a minimum, required annual training for teachers and
school employees who are directly re sponsible for students on the
topics of food allergies, recognizing anaphylaxis, and instruction
on how to administer Epi nephrine. The training shall be completed
before the school year begins or upon hiring the teacher or school
employee. Documentation certifying completion of the requir ed
training shall be retained in the personnel file for the teacher or
school employee. The training may be provided online or in-person
by the school nurse or a recognized food allergy and anaphylaxis
training program.
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H. The State Board of E ducation, in consultation with the State
Board of Health, shall promulgate rules to implement this section.
I. As used in this section:
1. "Medication" means a metered dose inhaler or a dry powder
inhaler to alleviate asthmatic sym ptoms, prescribed by a physician
and having an individual label, an anaphylaxis medication used to
treat anaphylaxis including but not limited to Epinephrine injectors
prescribed by a physician and having an individual label, or
replacement pancreatic enzy mes prescribed by a phy sician and having
an individual label; and
2. "Self-administration" means a student's use of medication
pursuant to prescription or written direction from a physician.
3. "Respiratory distress " means the perceived or actual
presence of coughing, wheezing or shortness of breath; and
4. "Inhaler" means a device that delivers a bronchodilator to
alleviate symptoms of respiratory distress that is manufactured in
the form of a metered -dose inhaler or dry-powder inhaler and that
may include a spacer or holding chamber that attaches to the inhaler
to improve the delivery of the bronchodilator.
J. The permission for self -administration of asthma,
anaphylaxis, or replacement pancreatic enzyme medication is
effective for the school year for which it is granted and shall be
renewed each subsequent school year upon fulfillment of the
requirements of this section.
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K. A student who is permitted to self -administer asthma,
anaphylaxis, or replacement pancreatic enzyme med ication pursuant to
this section shall be permitted to possess and use a prescribed
inhaler, anaphylaxis medication including but not limited to an
Epinephrine injector, or replacement pancreatic enzyme medication at
all times.
SECTION 3. This act shall become effe ctive July 1, 2024.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
59-2-8643 EK 01/13/24