H.L.C. F:\R\113\RH\H2094_RH.XML Union Calendar No. 113TH CONGRESS 1ST SESSION H. R. 2094 [Report No. 113-] To amend the Public Health Service Act to increase the preference given, in awarding certain asthma-related grants, to certain States (those allowing trained school personnel to administer epinephrine and meeting other related requirements). IN THE HOUSE OF REPRESENTATIVES MAY 22, 2013 Mr. ROE of Tennessee (for himself and Mr. HOYER) introduced the following bill; which was referred to the Committee on Energy and Commerce JULY --, 2013 Committed to the Committee of the Whole House on the State of the Union, and ordered to be printed f:\VHLC\071813\071813.066.xml July 18, 2013 (11:46 a.m.) VerDate Nov 24 2008 11:46 Jul 18, 2013 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 C:\DOCUME~1\TAMERY~1\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H2094_RH.XML H H.L.C. F:\R\113\RH\H2094_RH.XML 2 A BILL To amend the Public Health Service Act to increase the preference given, in awarding certain asthma-related grants, to certain States (those allowing trained school personnel to administer epinephrine and meeting other related requirements). f:\VHLC\071813\071813.066.xml July 18, 2013 (11:46 a.m.) VerDate Nov 24 2008 11:46 Jul 18, 2013 Jkt 000000 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 C:\DOCUME~1\TAMERY~1\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H2094_RH.XML H H.L.C. F:\R\113\RH\H2094_RH.XML 3 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 4 SECTION 1. SHORT TITLE. This Act may be cited as the ''School Access to Emer- 5 gency Epinephrine Act''. 6 SEC. 2. ADDITIONAL PREFERENCE TO CERTAIN STATES 7 THAT ALLOW TRAINED SCHOOL PERSONNEL 8 TO ADMINISTER EPINEPHRINE. 9 Section 399L(d) of part P of title III of the Public 10 Health Service Act (42 U.S.C. 280g(d)) is amended-- (1) in paragraph (1), by adding at the end the 11 12 following: ''(F) SCHOOL 13 PERSONNEL ADMINISTRA- 14 TION OF EPINEPHRINE.--In determining the 15 preference (if any) to be given to a State under 16 this subsection, the Secretary shall give addi- 17 tional preference to a State that provides to the 18 Secretary the certification described in subpara- 19 graph (G) and that requires that each public el- 20 ementary school and secondary school in the 21 State-- 22 ''(i) permits trained personnel of the 23 school to administer epinephrine to any 24 student of the school reasonably believed to 25 be having an anaphylactic reaction; f:\VHLC\071813\071813.066.xml July 18, 2013 (11:46 a.m.) VerDate Nov 24 2008 11:46 Jul 18, 2013 Jkt 000000 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 C:\DOCUME~1\TAMERY~1\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H2094_RH.XML H H.L.C. F:\R\113\RH\H2094_RH.XML 4 1 ''(ii) maintains a supply of epineph- 2 rine in a secure location that is easily ac- 3 cessible to trained personnel of the school 4 for the purpose of administration to any 5 student of the school reasonably believed to 6 be having an anaphylactic reaction; and 7 ''(iii) has in place a plan for having 8 on the premises of the school during all op- 9 erating hours of the school one or more in- 10 dividuals who are trained personnel of the 11 school. 12 ''(G) CIVIL LIABILITY PROTECTION LAW.-- 13 The certification required in subparagraph (F) 14 shall be a certification made by the State attor- 15 ney general that the State has reviewed any ap- 16 plicable civil liability protection law to deter- 17 mine the application of such law with regard to 18 elementary and secondary school trained per- 19 sonnel who may administer epinephrine to a 20 student reasonably believed to be having an 21 anaphylactic reaction and has concluded that 22 such law provides adequate civil liability protec- 23 tion applicable to such trained personnel. For 24 purposes of the previous sentence, the term 25 'civil liability protection law' means a State law f:\VHLC\071813\071813.066.xml July 18, 2013 (11:46 a.m.) VerDate Nov 24 2008 11:46 Jul 18, 2013 Jkt 000000 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 C:\DOCUME~1\TAMERY~1\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H2094_RH.XML H H.L.C. F:\R\113\RH\H2094_RH.XML 5 1 offering legal protection to individuals who give 2 aid on a voluntary basis in an emergency to an 3 individual who is ill, in peril, or otherwise inca- 4 pacitated.''; and 5 (2) in paragraph (3), by adding at the end the 6 following: 7 ''(E) The term 'trained personnel' means, 8 with respect to an elementary or secondary 9 school, an individual-- 10 ''(i) who has been designated by the 11 principal (or other appropriate administra- 12 tive staff) of the school to administer epi- 13 nephrine on a voluntary basis outside their 14 scope of employment; ''(ii) who has received training in the 15 administration of epinephrine; and 16 17 ''(iii) whose training in the adminis- 18 tration of epinephrine meets appropriate 19 medical standards and has been docu- 20 mented by appropriate administrative staff 21 of the school.''. f:\VHLC\071813\071813.066.xml July 18, 2013 (11:46 a.m.) VerDate Nov 24 2008 11:46 Jul 18, 2013 Jkt 000000 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 C:\DOCUME~1\TAMERY~1\APPLIC~1\SOFTQUAD\XMETAL\5.5\GEN\C\H2094_RH.XML H