A student may possess and use an epinephrine autoinjector to treat anaphylaxis, if all of the following conditions are satisfied:

1.      The student has the written approval of the prescriber of the autoinjector and, if the student is a minor, the written approval of the student’s parent. The prescriber's written approval shall include at least all of the following information:

A.           The student's name and address;

B.           The names and dose of the medication contained in the autoinjector;

C.           The date the administration of the medication is to begin;

D.          The date, if known, that the administration of the medication is to cease;

E.           Acknowledgment that the prescriber has determined that the student is capable of possessing and using the autoinjector appropriately and has provided the student with training in the proper use of the autoinjector;

F.            Circumstances in which the autoinjector should be used;

G.          Written instructions that outline procedures school employees should follow in the event that the student is unable to administer the anaphylaxis medication or the medication does not produce the expected relief from the student's anaphylaxis;

H.          Any severe adverse reactions that may occur to the child using the autoinjector that should be reported to the prescriber;

I.             Any severe adverse reactions that may occur to another child, for whom the autoinjector is not prescribed, should such a child receive a dose of the medication;

J.            At least one emergency telephone number for contacting the prescriber in an emergency;

K.          At least one emergency telephone number for contacting the student’s parent or other person having care or charge of the student in an emergency;

L.           Any other special instructions from the prescriber.

2.      The school principal and, if a school nurse is assigned to the student's school building, the school nurse has received copies of the written approvals required by this regulation.

3.      The school principal or, if a school nurse is assigned to the student's school building, the school nurse has received a backup dose of the anaphylaxis medication from the parent, guardian, or other person having care or charge of the student or, if the student is not a minor, from the student.

If these conditions are satisfied, the student may possess and use the autoinjector at school or at any activity, event, or program sponsored by or in which the student's school is a participant.

Whenever a student uses an autoinjector at school or at any activity, event, or program sponsored by or in which the student's school is a participant or whenever a school employee administers anaphylaxis medication to a student at such times, a school employee shall immediately request assistance from an emergency medical service provider.

The Franklin Local School District, any Board member, or any employee is not liable in damages in a civil action for injury, death, or loss to person or property allegedly arising from an employee's prohibiting a student from using an autoinjector because of the employee's good faith belief that the conditions of this regulation had not been satisfied. The Franklin Local School District, any Board member, or any employee is not liable in damages in a civil action for injury, death, or loss to person or property allegedly arising from an employee's permitting a student to use an autoinjector because of the employee's good faith belief that the conditions of this regulation had been satisfied. Furthermore, when the Franklin Local School District is required by law to permit a student to possess and use an autoinjector because the conditions of this regulation have been satisfied, the District, any Board member, or any employee is not liable in damages in a civil action for injury, death, or loss to person or property allegedly arising from the use of the autoinjector by a student for whom it was not prescribed.

All immunities granted to schools under the sovereign immunity law or any other law apply.  

 Updated 9/1/2009