Ohio bill would let students carry nasal epinephrine devices, shield schools from liability

A bill introduced by Representative Richardson in the Ohio House would amend sections 3313.718 and 3314.141 of the Ohio Revised Code to allow students to possess and use epinephrine autoinjectors or nasal epinephrine delivery devices at school and during school-sponsored activities, and to provide civil-immunity protections for schools and school employees who act in good faith in enforcing the provisions.

The proposal matters because it would change how Ohio schools handle anaphylaxis emergencies by (1) authorizing student possession and use of epinephrine devices when specified written approvals are on file, (2) requiring schools to keep a backup dose and to request emergency medical services after a device is used, and (3) clarifying that districts, chartered nonpublic schools and community schools and their employees are not liable in civil actions for harm that arises from permitting or prohibiting use when they acted in good faith.

Under the bill, a student may possess and use an epinephrine autoinjector or a nasal epinephrine delivery device if the student has written approval from the prescriber and, for minors, written approval from a parent, guardian or other person having care or charge of the student. The prescriber's written approval must include the student's name and address; the medication name and dose; the start date (and end date, if known); acknowledgment that the prescriber determined the student is capable of possessing and using the device and provided training; circumstances for use; written instructions for school employees if the student cannot self-administer or if the medication does not relieve symptoms; known severe adverse reactions to the user or to another child who might receive an inadvertent dose; at least one emergency telephone number for the prescriber; at least one emergency telephone number for the parent or guardian; and any other special instructions from the prescriber.

The bill requires the school principal, or the assigned school nurse if one is present, to receive copies of those written approvals and to receive a backup dose of the anaphylaxis medication from the parent, guardian or the student if the student is not a minor. It also directs that whenever a student uses an autoinjector or nasal device at school or at a school-sponsored activity, or whenever a school employee administers anaphylaxis medication possessed by a student under the written approvals, a school employee must immediately request assistance from an emergency medical service provider.

The measure adds or restates civil-immunity language across district schools, chartered nonpublic schools and community schools. It says a school district, chartered nonpublic school, community school, their governing members or employees are not liable in damages in a civil action for injury, death or loss to person or property allegedly arising from an employee's prohibiting or permitting a student to use an autoinjector or nasal device when the employee acted on a good faith belief about whether the statutory conditions were satisfied. The text also specifies that, when the statutory conditions are met, the school actors are not liable for harm arising from use of the device by a student for whom it was not prescribed. The bill notes that these provisions do not eliminate other immunities or defenses available under Chapter 2744 of the Revised Code or other law.

The document provided is the bill as introduced; it does not record legislative debate, votes or enactment. If passed by the General Assembly and signed into law, the changes would amend sections 3313.718 and 3314.141 of the Ohio Revised Code and repeal the existing versions of those sections.