West Virginia 2026 Regular Session

West Virginia Senate Bill SB1078

Introduced
2/23/26  

Caption

Clarifying requirements of possession and administration of epinephrine in schools

Impact

If passed, SB 1078 would enhance the safety framework in educational institutions by ensuring that epinephrine auto-injectors are readily available and can be administered by designated personnel, including trained non-medical staff and school transportation employees. The bill also mandates the collection of data on anaphylactic incidents in schools and their subsequent response actions, which will aid in understanding and improving school safety protocols regarding severe allergic reactions. Additionally, it allows schools to participate in pharmaceutical programs to procure these injectors, which may reduce costs and improve access.

Summary

Senate Bill 1078 is designed to amend and clarify the requirements surrounding the possession and administration of epinephrine auto-injectors in schools across West Virginia. The bill stipulates that both public and private schools may maintain a supply of epinephrine auto-injectors for emergency medical care, particularly in response to anaphylactic reactions. Importantly, it removes the prerequisite of having a prior diagnosis for a student or staff member to utilize these auto-injectors, thereby broadening access to potentially life-saving medication in emergency situations.

Sentiment

The sentiment surrounding this bill appears to be largely supportive, particularly amongst health advocates who see it as a necessary measure to safeguard students with unknown allergies. Education and health professionals are likely to appreciate the bill's efforts to ensure prompt treatment for anaphylaxis without unnecessary bureaucracy. However, there may be concerns regarding the adequacy of training for non-medical personnel and ensuring that all necessary procedures are properly followed to maintain safety standards.

Contention

Notable points of contention may arise regarding the adequacy of training provided to non-medical staff permitted to administer epinephrine. There is also a concern about the potential liability for individuals who administer the injectors, although the bill includes provisions to protect school personnel acting in good faith during emergencies. Additionally, the absence of required parental notification prior to administering the injection could lead to conversations around parental rights and the management of sensitive health information. Overall, while SB 1078 seeks to enhance emergency responsiveness in schools, scrutiny over implementation and training will likely be a focal point for discussion.

Companion Bills

No companion bills found.

Previously Filed As

WV SB810

Clarifying requirements for administration of anesthesia and chronic pain practice by certain licensed nurses

WV SB904

Clarifying requirements for Commissioner of Bureau for Public Health

WV SB260

Clarifying residency requirements for voter registration

WV SB486

Clarifying eligibility requirements to vote in WV elections

WV SB525

Clarifying procedure for administrative dissolution of nonprofit corporations by Secretary of State

WV SB522

Clarifying procedure for administrative dissolution of limited liability companies by Secretary of State

WV SB36

Clarifying requirements and compensation when assisting persons apply for VA benefits in certain circumstances

WV HB2478

Clarifying eligibility for the HOPE Scholarship.

WV SB828

Clarifying requirements for persons employed by Division of Corrections and Rehabilitation include contracted vendor staff

WV SB533

Clarifying where the West Virginia Secondary Schools Activity Commission (WVSSAC) may be involved in legal action

Similar Bills

TX HB2283

Relating to the use of an epinephrine delivery device by certain entities.

TX SB1619

Relating to the use of an epinephrine delivery system by certain entities.

CA SB568

Pupil health: epinephrine delivery systems: schoolsites and childcare programs.

TX SB1374

Relating to the administration of epinephrine medication by public and private schools.

TX HB2801

Relating to the definition of an epinephrine delivery device and the use of those devices in public and private schools.

IA HF2203

A bill for an act relating to epinephrine delivery systems in schools, food establishments, carnivals, recreational camps, youth sports facilities, and sports arenas.(Formerly HF 2055.)

IA HF2055

A bill for an act relating to epinephrine delivery systems in schools, food establishments, carnivals, recreational camps, youth sports facilities, and sports arenas.(See HF 2203.)

CA AB228

Pupil health: epinephrine delivery systems.