Bill Text For SB0048 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 57th Legislature (2019)                |
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 4|ENGROSSED SENATE                                                       |
  |BILL NO. 48                          By: Standridge of the Senate      |
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  |                                         Rosecrants of the House       |
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10|       An Act relating to schools; amending 70 O.S. 2011,              |
  |       Section 1-116.3, as amended by Section 1, Chapter               |
11|       397, O.S.L. 2013 (70 O.S. Supp. 2018, Section                   |
  |       1-116.3), which relates to students                             |
12|       self-administering certain medications; allowing the            |
  |       self-administration of replacement pancreatic enzymes           |
13|       for the treatment of cystic fibrosis; modifying                 |
  |       certain definition; requiring renewal of certain                |
14|       permission; providing an effective date; and                    |
  |       declaring an emergency.                                         |
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18|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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19|    SECTION 1.     AMENDATORY     70 O.S. 2011, Section 1-116.3, as    |
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20|amended by Section 1, Chapter 397, O.S.L. 2013 (70 O.S. Supp. 2018,    |
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21|Section 1-116.3), is amended to read as follows:                       |
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22|    Section 1-116.3.  A.  Notwithstanding the provisions of Section    |
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23|1-116.2 of this title, the board of education of each school           |
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24|district shall adopt a policy on or before September 1, 2008, that     |
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arsid10959393 SB48 HFLR                                            Page 1
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 1|permits the self-administration of inhaled asthma medication by a      |
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 2|student for treatment of asthma and, the self-administration of        |
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 3|anaphylaxis medication by a student for treatment of anaphylaxis and   |
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 4|the self-administration of replacement pancreatic enzymes by a         |
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 5|student for treatment of cystic fibrosis.  The policy shall require:   |
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 6|    1.  The parent or guardian of the student to authorize in          |
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 7|writing the student's self-administration of medication;               |
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 8|    2.  The parent or guardian of the student to provide to the        |
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 9|school a written statement from the physician treating the student     |
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10|that the student has asthma or, anaphylaxis or cystic fibrosis and     |
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11|is capable of, and has been instructed in the proper method of,        |
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12|self-administration of medication;                                     |
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13|    3.  The parent or guardian of the student to provide to the        |
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14|school an emergency supply of the student's medication to be           |
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15|administered pursuant to the provisions of Section 1-116.2 of this     |
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16|title;                                                                 |
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17|    4.  The school district to inform the parent or guardian of the    |
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18|student, in writing, that the school district and its employees and    |
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19|agents shall incur no liability as a result of any injury arising      |
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20|from the self-administration of medication by the student; and         |
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21|    5.  The parent or guardian of the student to sign a statement      |
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22|acknowledging that the school district shall incur no liability as a   |
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23|result of any injury arising from the self-administration of           |
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24|medication by the student.                                             |
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arsid10959393 SB48 HFLR                                            Page 2
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 1|    B.  The school board of each school district that elects to        |
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 2|stock Epinephrine injectors shall amend the policy identified in       |
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 3|subsection A of this section.  The amended policy shall require:       |
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 4|    1.  The school district to inform the parent or guardian of each   |
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 5|student, in writing, that a school nurse or school employee trained    |
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 6|by a health care professional or trained in correlation with the       |
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 7|State Department of Health's Diabetes Management Annual School         |
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 8|Training Program may administer, with parent or guardian permission    |
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 9|but without a health care provider order, an Epinephrine injection     |
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10|to a student whom the school nurse or trained school employee in       |
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11|good faith believes is having an anaphylactic reaction;                |
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12|    2.  A waiver of liability executed by a parent or guardian be on   |
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13|file with the school district prior to the administration of an        |
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14|Epinephrine injection pursuant to paragraph 1 of this subsection;      |
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15|and                                                                    |
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16|    3.  The school district to designate the employee responsible      |
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17|for obtaining the Epinephrine injectors at each school site.           |
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18|    C.  The school district and its employees and agents shall incur   |
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19|no liability as a result of any injury arising pursuant to the         |
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20|discharge or nondischarge of the powers provided for pursuant to       |
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21|paragraph 1 of subsection B of this section.                           |
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22|    D.  A licensed physician who has prescriptive authority may        |
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23|write a prescription for Epinephrine injectors to the school           |
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24|district in the name of the district as a body corporate specified     |
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arsid10959393 SB48 HFLR                                            Page 3
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 1|in Section 5-105 of this title which shall be maintained at each       |
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 2|school site.  Such physician shall incur no liability as a result of   |
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 3|any injury arising from the use of the Epinephrine injectors.          |
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 4|    E.  The school district may maintain at each school a minimum of   |
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 5|two Epinephrine injectors in a secure location.  Provided, however,    |
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 6|that nothing in this section shall be construed as creating or         |
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 7|imposing a duty on a school district to maintain Epinephrine           |
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 8|injectors at a school site or sites.                                   |
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 9|    F.  In the event a student is believed to be having an             |
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10|anaphylactic reaction, a school employee shall contact 911 as soon     |
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11|as possible.                                                           |
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12|    G.  The State Board of Education, in consultation with the State   |
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13|Board of Health, shall develop a model policy which school districts   |
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14|may use in compliance with this section.                               |
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15|    H.  The State Board of Education, in consultation with the State   |
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16|Board of Health, shall promulgate rules to implement this section.     |
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17|    I.  As used in this section:                                       |
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18|    1.  "Medication" means a metered dose inhaler or a dry powder      |
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19|inhaler to alleviate asthmatic symptoms, prescribed by a physician     |
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20|and having an individual label, or an anaphylaxis medication used to   |
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21|treat anaphylaxis, including but not limited to Epinephrine            |
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22|injectors, prescribed by a physician and having an individual label,   |
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23|or replacement pancreatic enzymes prescribed by a physician and        |
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24|having an individual label; and                                        |
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arsid10959393 SB48 HFLR                                            Page 4
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 1|    2.  "Self-administration" means a student's use of medication      |
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 2|pursuant to prescription or written direction from a physician.        |
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 3|    J.  The permission for self-administration of asthma or,           |
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 4|anaphylaxis or replacement pancreatic enzyme medication is effective   |
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 5|for the school year for which it is granted and shall be renewed       |
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 6|each subsequent school year upon fulfillment of the requirements of    |
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 7|this section.                                                          |
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 8|    K.  A student who is permitted to self-administer asthma or,       |
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 9|anaphylaxis or replacement pancreatic enzyme medication pursuant to    |
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10|this section shall be permitted to possess and use a prescribed        |
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11|inhaler or, anaphylaxis medication, including but not limited to an    |
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12|Epinephrine injector, or replacement pancreatic enzyme medication at   |
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13|all times.                                                             |
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14|    SECTION 2.  This act shall become effective July 1, 2019.          |
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15|    SECTION 3.  It being immediately necessary for the preservation    |
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16|of the public peace, health or safety, an emergency is hereby          |
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17|declared to exist, by reason whereof this act shall take effect and    |
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18|be in full force from and after its passage and approval.              |
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20|COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 04/09/2019   |
  |- DO PASS.                                                             |
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arsid10959393 SB48 HFLR                                            Page 5
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