33-520A. Life-threatening allergies in schools — guidelines, stock supply of epinephrine auto-injectors and emergency administration. (1) As used in this section, the following definitions shall apply:
(a) "Administer" means the direct application of an epinephrine auto-injector to the body of an individual.
(b) "Designated school personnel" means an employee, agent or volunteer of a school designated by the governing authority of a school who has completed the training to provide or administer an epinephrine auto-injector to a student.
(c) "Epinephrine auto-injector" means a device that automatically injects a premeasured dose of epinephrine.
(d) "Provide" means the supply of one (1) or more epinephrine auto-injectors to an individual.
(e) "School" means any public or nonpublic school.
(f) "Self-administration" means a student or other person’s discretionary use of an epinephrine auto-injector, whether provided by the student or by a school nurse or designated school personnel pursuant to the provisions of this section.
(2) Any physician, advanced practice registered nurse licensed to prescribe or physician assistant licensed to prescribe pursuant to title 54, Idaho Code, may prescribe epinephrine auto-injectors in the name of a school to be maintained for use in accordance with subsection (3) of this section. Licensed pharmacists and physicians may dispense epinephrine auto-injectors pursuant to a prescription issued in accordance with this subsection. A school may maintain a stock supply of epinephrine auto-injectors.
(3) The governing authority of a school may authorize school nurses and designated school personnel to do the following:
(a) Provide an epinephrine auto-injector to a student to self-administer the epinephrine auto-injector in accordance with a prescription specific to the student on file with the school nurse;
(b) Administer an epinephrine auto-injector to a student in accordance with a prescription specific to the student on file with the school nurse; and
(c) Administer an epinephrine auto-injector to any student or other individual on school premises that the school nurse or designated school personnel in good faith believes is experiencing anaphylaxis regardless of whether the student or other individual has a prescription for an epinephrine auto-injector.
(4) A school may enter into arrangements with manufacturers of epinephrine auto-injectors or third-party suppliers of epinephrine auto-injectors to obtain epinephrine auto-injectors at fair market price, reduced price or free.
(5) The governing authority of a school that participates in supplying and administering epinephrine auto-injectors pursuant to the provisions of this section shall do the following:
(a) Require each school that maintains a stock supply and administers epinephrine auto-injectors to submit a report of each incident at the school or related school event involving a severe allergic reaction or the administration of an epinephrine auto-injector to the governing authority of the school or its designee; and
(b) Establish detailed standards for training programs that must be completed by designated school personnel in order to provide or administer an epinephrine auto-injector in accordance with this section. Such training may be conducted online and, at a minimum, shall cover:
(i) Techniques on how to recognize symptoms of severe allergic reactions, including anaphylaxis;
(ii) Standards and procedures for the storage, administration and disposal of an epinephrine auto-injector; and
(iii) Emergency follow-up procedures.
(6) There shall be no civil liability for any damages for a physician, advanced practice registered nurse, physician’s assistant or pharmacist providing a prescription or standing protocol for school epinephrine auto-injectors consistent with the standard of care for the provider. Further, there shall be no civil liability for damages for a school or its employees or agents for any injuries that result from the administration or self-administration of an epinephrine auto-injector regardless of whether authorization for use was given by the student’s parents, guardian or medical provider provided the actions taken in administering or providing the injector were reasonable under the circumstances. The liability protections in this section do not apply to acts or omissions constituting gross negligence, those that are reckless or that constitute willful and wanton behavior. The liability protections in this section are in addition to any provided under section 5-330, Idaho Code.
[33-520A, added 2014, ch. 146, sec. 1, p. 391.]