HB 5865 Summary

• School employees administering medication or epinephrine auto-injectors in good faith to pupils are protected from criminal and civil liability except in cases of gross negligence or willful misconduct.

• Pupils may possess and use asthma inhalers and epinephrine auto-injectors at school with written approval from a physician and parent/guardian, plus an emergency care plan on file.

• School districts and employees are immune from liability for reasonable decisions to allow or prohibit pupil use of inhalers or epinephrine auto-injectors based on documented conditions.

• Each school with 10+ staff must have at least 2 trained employees in epinephrine auto-injector administration; schools with fewer than 10 staff must have at least 1 trained employee.

• School boards must develop policies ensuring schools possess at least 2 epinephrine auto-injectors for emergency use by trained staff or licensed nurses, and must notify teachers when pupils possess these devices.