By Gina Mennett Lee, M.Ed.
Food Allergy Educator, Advocate & Consultant
What It Is.
This federal law provides incentive for states to pass laws that meet all of the requirements outlined below:
- States must grant rights for public school students to self-administer any asthma or anaphylaxis medication authorized by the student’s doctor (with conditions—see the law for details)
- State must require elementary and secondary public schools to permit authorized personnel to administer epinephrine to someone believed to be having an anaphylactic reaction. They must also have stock epinephrine in a secure but accessible location. The stock epinephrine must be prescribed via standing orders from a licensed physician,
- State must have Good Samaritan Law to protect those that “in good faith” administer the epinephrine to treat anaphylaxis
The incentive is that states meeting these requirements get preference when applying for asthma-related grants.
What it is NOT.
Probably more important that understanding what the law provides, is understanding what it does not provide.
- It is not a mandate for all public schools to maintain a stock epinephrine.
- It does not provide funding for schools to acquire stock epinephrine.
- It does not provide funding directly to states for passing stock epinephrine laws.
Why is it important?
This law is important because it signifies an important step in the right direction. In this current economic climate, many states have halted the passing of any legislation considered to be an “unfunded mandate”. By signing this into law, President Obama is acknowledging, on a national scale, the importance of stock epinephrine. Hopefully, this will help those advocates on the state level add another bullet point to the “pros” of passing state law that mandates stock epinephrine in all public schools. It is, however, only the beginning of the process. Getting legislation passed in all 50 states is going to require a great deal of work from anaphylaxis educators and advocates in each of the states that currently do not have a stock epinephrine law.
