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SENATE FLOOR VERSION
April 15, 2025
ENGROSSED HOUSE
BILL NO. 2047 By: Stinson, Archer, Roe, and
Miller of the House
and
Hines of the Senate
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;
eliminating references to epinephrine injectors;
eliminating reference to certain training program;
modifying certain policy provisions regarding parent
permissions; requiring school to call 911 if
Epinephrine is administered to a student; mandating
school to notify parent if student experiences
possible allergic reaction; requiring school
districts to use mode l policies; requiring annual
training for certain teachers and school employees;
prescribing content a nd method for training; and
providing for noncodification .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
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:
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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 policy on or before September 1, 2008, that
permits the self-administration of inhaled asthma medication by a
student for treatment of asthma, the self -administration of
anaphylaxis medication b y 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 guar dian of the student to provide to the
school a written statement from the physician treating the student
that the student has asthma, anaphylaxis or cystic fibrosis and is
capable of, and has been i nstructed in the proper method of, self -
administration of medication;
3. The parent or guardian of the student to provide to the
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 g uardian of the
student, in writing, that the school district and its employees and
agents shall incur no liability as a result of any injury arising
from the self-administration of medication by the student; and
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5. The parent or guardian of the student to sign a statement
acknowledging that the school district shall incur no liability as a
result of any injury arising from the self -administration of
medication by the student.
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 injectors shall require:
a. the school district to inform the parent or g uardian
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 pursuant to subsection G of this section may
administer, with parent or guardian perm ission 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
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c. the school district to designate the employee
responsible for obtaining the Epinephrine injectors at
each school site.
2. The amended policy for inhalers 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
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 spa cers 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 inju ry 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 Epinephri ne 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
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title which shall be maintained at each school site. Such physician
shall incur no liabilit y 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 each school a minimum of
two Epinephrine injectors devices and two inhalers with spacers or
holding chambers in a secure location. Provided, howev er, that
nothing in this section shall be construed as creating or imposing a
duty on a school district to maintain Epinephrine injectors or
inhalers with spacers or holding chambers at a school sit e 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 shall contact 911 as
soon as possible. The school district shall notify the pa rent or
guardian of any student who experiences a possible allergic reaction
as soon as possible.
G. The State Board of Education, in consultation with the State
Board of Health, shall develop mode l policies which school districts
may shall 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 responsible for students on
the topics of food all ergies, recognizing anaphylaxis, and
instruction on how to administer Epinephrine. The training shall be
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completed before the school year begins or upon hiring the teacher
or school employee. Documentation certifying completion of the
required training shall be retained in the personnel file of 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.
H. The State Board of Education, 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 symptoms, 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 enzymes prescribed by a physician 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
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may include a spacer or holding chamber that attaches t o the inhaler
to improve the delivery of the bronchodilato r.
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.
K. A student who is permitted to self -administer asthma,
anaphylaxis or replacement pancreatic enzyme medication pursuant to
this section shall be permitted to possess and use a pr escribed
inhaler, anaphylaxis medication including but not limited to an
Epinephrine injector, or replacement pancreatic enzyme medication at
all times.
COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
April 15, 2025 - DO PASS