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Senate committee considers allowing nasal‑spray epinephrine and broader delegation in school stock supplies
Summary
Legislative counsel described a compromise on H 209 to let Vermont schools keep non‑injectable epinephrine formulations in stock, broaden the statutory term to “epinephrine,” and clarify which school employees may be authorized to administer it under a provider standing order.
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Senate Education Committee members on May 12 reviewed compromise language for H 209 that would allow schools to maintain a stock supply of epinephrine delivered by any FDA‑approved single‑use system, including recently approved intranasal formulations, rather than limiting the statute to auto‑injectors.
Katie McLennan, Office of Legislative Council, told the committee the bill’s main change replaces repeated references to “epinephrine auto‑injectors” with a definition that covers any FDA‑approved single‑use delivery system and spells out who may administer a school’s stock supply. “A designated personnel means a school employee, agent, or volunteer who has completed training required by the state board policy and who has been authorized by the school administrator or delegated by the school nurse to administer epinephrine,” McLennan said.
The compromise language also treats associate school nurses the same as endorsed school nurses under existing Agency of Education licensing rules and clarifies the contents of the standing order or protocol a prescribing health care professional would provide. That protocol would include recognizing a potentially life‑threatening allergic reaction, administering epinephrine, contacting emergency services, documenting the incident, and disposing of used or expired product. The draft lets pharmacists or other health care professionals dispense epinephrine prescribed to a school and permits schools to acquire products free, reduced, or at fair market price from manufacturers or suppliers.
Committee members asked about whether the bill changes who may be a school nurse and whether staff or volunteers could be authorized to give epinephrine under delegation from the nurse. McLennan answered that the bill does not change licensure requirements: “It doesn't change who can be a school nurse or an associate school nurse. This is just, sort of spelling out for the purposes of this bill who we mean when we say a school nurse.”
The draft also includes civil‑ and criminal‑liability protection for schools, school nurses and designated personnel for administration or self‑administration under the statute, except for intentional misconduct, and states that providing or administering epinephrine under the section does not constitute the practice of medicine.
Committee members noted they expect testimony from the Agency of Education and the Department of Health at the next hearing and discussed logistical questions such as germane placement on larger education omnibus legislation. Several members said the parties involved — the Agency of Education, the Department of Health, the Association of School Nurses and the Board of Nursing — negotiated the compromise language and that a committee vote could be possible the following day if no new issues arise.
No formal motion or vote was taken at the session recorded in the transcript; committee staff indicated the bill would return for further testimony and possible action at a subsequent meeting.

