Amends existing law to revise provisions regarding the use of epinephrine in schools.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 531 BY HEALTH AND WELFARE COMMITTEE AN ACT1 RELATING TO EPINEPHRINE DELIVERY SYSTEMS; AMENDING SECTION 33-520, IDAHO2 CODE, TO REVISE PROVISIONS REGARDING EPINEPHRINE DELIVERY SYSTEMS;3 AMENDING SECTION 33-520A, IDAHO CODE, TO REVISE PROVISIONS REGARDING4 LIFE-THREATENING ALLERGIES IN SCHOOLS AND GUIDELINES REGARDING EPI-5 NEPHRINE DELIVERY SYSTEMS; AND DECLARING AN EMERGENCY AND PROVIDING AN6 EFFECTIVE DATE.7

Be It Enacted by the Legislature of the State of Idaho:8

SECTION 1. That Section 33-520, Idaho Code, be, and the same is hereby9 amended to read as follows:10 33-520. POLICY GOVERNING MEDICAL INHALERS, EPINEPHRINE AUTO-INJEC-11 TORS DELIVERY SYSTEMS, INSULIN AND BLOOD GLUCOSE MONITORING SUPPLIES. (1)12 The board of trustees of each school district, including charter districts,13 shall adopt a policy permitting the self-administration of medication ad-14 ministered by way of a metered-dose inhaler by a pupil for asthma or other po-15 tentially life-threatening respiratory illness or by way of an epinephrine16 auto-injector delivery system for severe allergic reaction (anaphylaxis).17 On or before September 1, 2016, such boards of trustees shall also adopt a18 policy permitting the self-administration of diabetes medication and blood19 glucose monitoring by a pupil with diabetes.20 (2) As used in this section:21 (a) "Medication" means an epinephrine auto-injector delivery system, a22 metered-dose inhaler or a dry powder inhaler or insulin prescribed by a23 physician and having an individual label; and24 (b) "Self-administration" means a student's use of medication or of25 blood glucose monitoring supplies pursuant to prescription or written26 direction from a physician.27 (3) A student who is permitted to self-administer medication or blood28 glucose monitoring pursuant to this section shall be permitted to possess29 and use a prescribed inhaler, an epinephrine auto-injector delivery system,30 insulin or blood glucose monitoring supplies at all times.31 (4) Nothing in this section shall be construed to prevent a school dis-32 trict from requiring pupils to maintain current duplicate prescription med-33 ications or blood glucose monitoring supplies with the school nurse or, in34 the absence of such nurse, with the school administrator.35

SECTION 2. That Section 33-520A, Idaho Code, be, and the same is hereby36 amended to read as follows:37 33-520A. LIFE-THREATENING ALLERGIES IN SCHOOLS -- GUIDELINES, STOCK38 SUPPLY OF EPINEPHRINE AUTO-INJECTORS DELIVERY SYSTEMS AND EMERGENCY ADMIN-39

2 ISTRATION. (1) As used in this section, the following definitions shall ap-1 ply:2 (a) "Administer" means the direct application of an epinephrine auto-3 injector delivery system to the body of an individual.4 (b) "Designated school personnel" means an employee, agent or vol-5 unteer of a school designated by the governing authority of a school6 who has completed the training to provide or administer an epinephrine7 auto-injector delivery system to a student.8 (c) "Epinephrine auto-injector delivery system" means a device that9 automatically injects a premeasured dose of epinephrine that is ap-10 proved by the federal food and drug administration that contains a11 premeasured dose of epinephrine and that is used to administer epineph-12 rine into the human body.13 (d) "Provide" means the supply of one (1) or more epinephrine auto-in-14 jectors delivery systems to an individual.15 (e) "School" means any public or nonpublic school.16 (f) "Self-administration" means a student or other person's discre-17 tionary use of an epinephrine auto-injector delivery system, whether18 provided by the student or by a school nurse or designated school per-19 sonnel pursuant to the provisions of this section.20 (2) Any physician, advanced practice registered nurse licensed to pre-21 scribe or physician assistant licensed to prescribe pursuant to title 54,22 Idaho Code, may prescribe epinephrine auto-injectors delivery systems in23 the name of a school to be maintained for use in accordance with subsection24 (3) of this section. Licensed pharmacists and physicians may dispense epi-25 nephrine auto-injectors delivery systems pursuant to a prescription issued26 in accordance with this subsection. A school may maintain a stock supply of27 epinephrine auto-injectors delivery systems.28 (3) The governing authority of a school may authorize school nurses and29 designated school personnel to do the following:30 (a) Provide an epinephrine auto-injector delivery system to a student31 to self-administer the epinephrine auto-injector delivery system in32 accordance with a prescription specific to the student on file with the33 school nurse;34 (b) Administer an epinephrine auto-injector delivery system to a stu-35 dent in accordance with a prescription specific to the student on file36 with the school nurse; and37 (c) Administer an epinephrine auto-injector delivery system to any38 student or other individual on school premises that the school nurse39 or designated school personnel in good faith believes is experiencing40 anaphylaxis regardless of whether the student or other individual has a41 prescription for an epinephrine auto-injector delivery system.42 (4) A school may enter into arrangements with manufacturers of epineph-43 rine auto-injectors delivery systems or third-party suppliers of epineph-44 rine auto-injectors delivery systems to obtain epinephrine auto-injectors45 delivery systems at fair market price, reduced price or free.46 (5) The governing authority of a school that participates in supplying47 and administering epinephrine auto-injectors delivery systems pursuant to48 the provisions of this section shall do the following:49

3 (a) Require each school that maintains a stock supply and administers1 epinephrine auto-injectors delivery systems to submit a report of each2 incident at the school or related school event involving a severe al-3 lergic reaction or the administration of an epinephrine auto-injector4 delivery system to the governing authority of the school or its de-5 signee; and6 (b) Establish detailed standards for training programs that must be7 completed by designated school personnel in order to provide or admin-8 ister an epinephrine auto-injector delivery system in accordance with9 this section. Such training may be conducted online and, at a minimum,10 shall cover:11 (i) Techniques on how to recognize symptoms of severe allergic12 reactions, including anaphylaxis;13 (ii) Standards and procedures for the storage, administration and14 disposal of an epinephrine auto-injector delivery system; and15 (iii) Emergency follow-up procedures.16 (6) There shall be no civil liability for any damages for a physician,17 advanced practice registered nurse, physician's assistant or pharma-18 cist providing a prescription or standing protocol for school epinephrine19 auto-injectors delivery systems consistent with the standard of care for20 the provider. Further, there shall be no civil liability for damages for21 a school or its employees or agents for any injuries that result from the22 administration or self-administration of an epinephrine auto-injector23 delivery system regardless of whether authorization for use was given by the24 student's parents, guardian or medical provider provided the actions taken25 in administering or providing the injector epinephrine delivery system26 were reasonable under the circumstances. The liability protections in this27 section do not apply to acts or omissions constituting gross negligence,28 those that are reckless or that constitute willful and wanton behavior. The29 liability protections in this section are in addition to any provided under30 section 5-330, Idaho Code.31

SECTION 3. An emergency existing therefor, which emergency is hereby32 declared to exist, this act shall be in full force and effect on and after33 July 1, 2026.34