155472-1:n:11/19/2013:KMS/th LRS2013-3861




SB125
By Senator Whatley
RFD Education
Rd 1 14-JAN-14


SYNOPSIS:This bill would require the State Department of Education to develop, and each local board of education to adopt, an anaphylaxis preparedness program.
 This bill would provide for implementation of the program by each local board of education commencing with the 2015-2016 scholastic year.
 This bill would authorize the lead nurse employed by the local board of education to collaborate with a local physician to develop and maintain a protocol for emergency response that includes a supply of premeasured, autoinjectable epinephrine on each public school campus.
 Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.
 The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

A BILL
TO BE ENTITLED
AN ACT

Relating to public K-12 education; to require the State Department of Education to develop, and each local board of education to adopt and implement, an anaphylaxis preparedness program commencing with the 2015-2016 scholastic year; to authorize the lead nurse employed by the local board of education to collaborate with a local physician to develop and maintain a protocol for emergency response that includes a supply of premeasured, autoinjectable epinephrine on each public school campus; and in connection therewith to have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) The State Department of Education shall develop an anaphylaxis preparedness program to be adopted by each local board of education and implemented in each K-12 public school commencing with the 2015-2016 scholastic year.

(b) The anaphylaxis preparedness program shall incorporate the following three levels of prevention initiated by licensed public school nurses as a part of the health services program:

(1) Level I, primary prevention: Education programs that address food allergies and anaphylaxis through both classroom and individual instruction for staff and students.

(2) Level II, secondary prevention: Identification and management of chronic illness.

(3) Level III, tertiary prevention: The development of a planned response to anaphylaxis-related emergencies in the school setting.

(c) The lead nurse employed by the local board of education may collaborate with a local physician to develop and maintain a protocol for emergency response that shall include an adequate supply of premeasured, autoinjectable epinephrine on each public school campus to treat potentially life threatening allergic reactions. Single dose autoinjectable epinephrine may be administered to school children by the school nurse, or unlicensed school personnel in accordance with the State Department of Education and State Board of Nursing approved curriculum for medication administration. Trained school personnel who administer the premeasured dose of autoinjectable epinephrine in an emergency situation, and in compliance with established protocol and medication administration training, shall be protected from liability for so doing.

Section 2. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill requires expenditures only by a school board.

Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.


Education
Education Department
Board of Education, City
Board of Education, County
Epinephrine
Schools