SB 416

Under current law, a pupil may possess and use an epinephrine auto-injector

while in a public, private, or tribal school, at a school-sponsored activity, or under

the supervision of a school authority if the pupil uses the injector to prevent the onset

or alleviate the symptoms of an emergency situation. An emergency situation is a

situation in which a pupil reasonably believes that he or she is experiencing a severe

allergic reaction, including anaphylaxis, that requires the administration of

epinephrine to avoid severe injury or death.

In order to possess and use an epinephrine auto-injector while in school,

current law requires the pupil to obtain the written approval of the pupil's physician

and, if the pupil is a minor, the written approval of the pupil's parent or guardian,

and to provide the school principal with a copy of the approval or approvals.

This bill requires the governing body of each school to adopt a written policy

describing the procedure for a pupil's possession and use of an epinephrine

auto-injector. The policy must require that school employees do the following:

1. Inform the pupil that if he or she uses an epinephrine auto-injector, he or

she must notify a school employee as soon as possible.

2. If the pupil notifies a school employee, report the pupil's use of the

epinephrine auto-injector by dialing "911."

The bill also exempts school boards and districts, private schools, and tribal

schools, and their employees, from civil liability for an injury incurred by any person

as a result of a school employee failing to satisfy either of these requirements if the

school employee had a good faith belief that the requirement had been satisfied.