Code of the District of Columbia

§ 38–651.04a. Student access to epinephrine.

(a) OSSE shall establish and administer an undesignated epinephrine auto-injector plan that authorizes a public school to possess and administer undesignated epinephrine auto-injectors.

(b)(1) By June 1, 2016, the Department of Health shall obtain a standing order signed by at least one practicing physician, physician assistant, or advanced practice nurse licensed in the District to permit public schools to use undesignated epinephrine auto-injectors in emergency circumstances.

(2) By July 1, 2016, OSSE shall develop and implement an epinephrine administration training program, which shall provide training and certification of employees and agents of a public school on the storage and emergency use of a designated or undesignated epinephrine auto-injector on a person suffering an episode of anaphylaxis.

(3) Upon implementation of the UEA plan, each public school shall ensure that it has at least 2 employees or agents certified in the use of an undesignated epinephrine auto-injector who are available to administer epinephrine during all hours of the school day.

(4) For the purposes of this subsection, the term "certified" means an individual who has obtained a certificate of completion of the epinephrine administration training that is developed and implemented by OSSE and approved by the Mayor.

(c)(1) Under the UEA plan, OSSE shall:

(A) Implement the UEA plan, with guidance from the Department of Health;

(B) Procure and distribute undesignated epinephrine auto-injectors to public schools for use in emergency circumstances;

(C) Monitor the supply of undesignated epinephrine auto-injectors, including ensuring that the supply is restocked as auto-injectors are used;

(D) Ensure the destruction of expired undesignated epinephrine auto-injectors at public schools; and

(E) Maintain records regarding the procurement, distribution, and disposition of undesignated epinephrine auto-injectors for 3 years.

(2)(A) A public school shall store undesignated epinephrine auto-injectors in a secure but easily accessible location in accordance with the manufacturer's instructions.

(B) Each public school shall maintain, at all times, no fewer than 2 unexpired undesignated epinephrine auto-injectors of each dosage available through the UEA plan.

(d)(1) An employee or agent of a public school who is certified pursuant to this section may administer an undesignated epinephrine auto-injector to a student who the employee or agent believes in good faith to be suffering or about to suffer an anaphylactic episode.

(2) Undesignated epinephrine auto-injectors may be used on public school property, including the school building, playground, and school bus, as well as during field trips or sanctioned excursions away from public school property. The certified employee or agent of the public school may carry an appropriate supply of the public school's undesignated epinephrine auto-injectors on field trips or excursions.

(3) Within 24 hours of the administration of an undesignated epinephrine auto-injector, the public school shall notify OSSE and the physician, physician assistant, or advance practice nurse who provided the standing order for the undesignated epinephrine auto-injector of its use.

(4) As soon as practicable following the administration of medication pursuant to this section, the public school shall inform the student's responsible person that the medication was administered.

(e) An employee or agent of a public school who is certified pursuant to this section may administer a designated epinephrine auto-injector to the student to whom it is prescribed, who the employee or agent believes in good faith to be suffering or about to suffer an anaphylactic episode.


(Feb. 2, 2008, D.C. Law 17-107, § 5a; as added Mar. 9, 2016, D.C. Law 21-77, § 2(c), 63 DCR 756; Oct. 30, 2018, D.C. Law 22-168, § 4072(b), 65 DCR 9388.)

Applicability

Section 7002 of D.C. Law 21-160 repealed section 4 of D.C. Law 21-77. Therefore the changes made to this section by D.C. Law 21-177 have been given effect.

Applicability of D.C. Law 21-77: § 4 of D.C. Law 21-77 provided that the change made to this section by § 2(c) of D.C. Law 21-77 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4072(b) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 4072(b) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 2(b) of Access to Emergency Epinephrine in Schools Clarification Emergency Amendment Act of 2017 (D.C. Act 22-146, Oct. 10, 2017, 64 DCR 10443).

For temporary (90 days) amendment of this section, see § 2(b) of Access to Emergency Epinephrine in Schools Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-3, Feb. 9, 2017, 64 DCR 1678).

For temporary (90 days) amendment of this section, see § 2(b) of Access to Emergency Epinephrine in Schools Clarification Emergency Amendment Act of 2016 (D.C. Act 21-527, Oct. 31, 2016, 63 DCR 13609).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(b) of Access to Emergency Epinephrine in Schools Clarification Temporary Amendment Act of 2017 (D.C. Law 22-31, Dec. 7, 2017, 64 DCR 10736).

For temporary (225 days) amendment of this section, see § 2(b) of Access to Emergency Epinephrine in Schools Clarification Temporary Amendment Act of 2016 (D.C. Law 21-183, Feb. 18, 2017, 63 DCR 14351).