§ 21-4-316 — Administration of stock epinephrine auto- injectors

(a) A district board may adopt and implement a policy
whereby the district may acquire, maintain and dispense to
schools within the district a supply of epinephrine auto-
injectors. Upon authorization by the board, school nurses and
assigned school personnel may administer a stock epinephrine
auto-injector to a student that the school nurse or assigned
school personnel in good faith believes is experiencing a severe
allergic reaction. A district board shall not be required to
obtain a prescription to acquire, maintain or dispense to
schools within the district a supply of epinephrine auto-
injectors under this section. A district board may enter into
arrangements with manufacturers or third-party suppliers of
epinephrine auto-injectors to obtain the epinephrine auto-
injectors at fair market, free or reduced prices.
(b) A district board that decides to acquire, maintain and
dispense a supply of epinephrine auto-injectors shall:
(i) Implement a plan based on the guidelines
developed pursuant to this section for the management of
students with life threatening allergies enrolled in the schools
within the district;
(ii) Make the plan available on the school district's
website or the website of each school within the district, or if
such websites do not exist, make the plan publicly available
through other practicable means as determined by the board.
(c) Not later than December 31, 2014, the department of
education, in consultation with the department of health, shall
develop and make available to all schools guidelines for the
management of students with life threatening allergies. The
guidelines shall include, but not be limited to:
(i) Identification of life threatening allergies or
severe allergic reactions qualifying for administration of
epinephrine auto-injectors under this act;
(ii) Identification of appropriate and acceptable
epinephrine auto-injectors;
(iii) Education and training for school personnel on
the management of students with life threatening allergies,
including training related to the administration of epinephrine
auto-injectors;
(iv) Procedures for responding to life threatening
allergies;
(v) A process for the development of individualized
health care and allergy action plans for every student with a
life threatening allergy;
(vi) Protocols to prevent exposure to allergens;
(vii) Requirements for each school to keep a record
of each incident that involves a life threatening allergy or the
administration of stock epinephrine auto-injectors;
(viii) Requirements for schools that have adopted a
policy allowing for the administration of stock epinephrine
auto-injectors pursuant to this section to maintain a list of
employees in the school or school district who have been trained
and assigned to administer stock epinephrine auto-injectors;
(ix) Requirements for school nurses and assigned
school personnel to confirm completion of a training program
approved by the department of education, in consultation with
the department of health.
(d) A school that possesses and makes available stock
epinephrine auto-injectors and those persons specified in this
subsection shall not be liable for damages for any injuries that
result from the administration of, self-administration of, or
failure to administer epinephrine auto-injectors that may
constitute ordinary negligence. This immunity applies
regardless of whether authorization was provided by the
student's parent or guardian or by the student's health care
provider. This immunity does not apply to acts or omissions
constituting gross, willful or wanton negligence. The
administration of stock epinephrine auto-injectors in accordance
with this section is not the practice of medicine. The immunity
from liability provided under this section is in addition to and
not in lieu of that provided under W.S. 1-1-120. The immunity
provided in this subsection extends to:
(i) A district board, school nurses, employees,
agents and volunteers of the district;
(ii) An authorized health care provider who
prescribes stock epinephrine auto-injectors; and
(iii) An individual or entity that conducts the
training described in this section.
(e) As used in this section:
(i) "Administer" or "administration" means the direct
application of a stock epinephrine auto-injector;
(ii) "Assigned school personnel" means an employee,
agent or volunteer of a school designated by the administrator
of the school who has completed the training required under this
section to provide or administer stock epinephrine auto-
injectors;
(iii) "Authorized health care provider" means an
individual authorized by law to prescribe and administer
prescription drugs in the course of professional practice;
(iv) "Provide" means the supply of one (1) or more
stock epinephrine auto-injectors;
(v) "Stock epinephrine" means injectable medications
used for the treatment of severe, life-threatening allergies
that schools or districts buy and keep on-site for emergency
use.
(f) Nothing in this section shall be held to apply to or
affect W.S. 21-4-310.