Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
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1 State of Arkansas As Engrossed: H1/30/25 H2/13/25
2 95th General Assembly
A Bill
3 Regular Session, 2025 HOUSE BILL 1166
4
5 By: Representatives Gramlich, L. Johnson
6 By: Senator C. Penzo
7
8 For An Act To Be Entitled
9 AN ACT TO CLARIFY THE TYPES OF EPINEPHRINE FOR USE IN
10 ELEMENTARY AND SECONDARY SCHOOLS IN THIS STATE; AND
11 FOR OTHER PURPOSES.
12
13
14 Subtitle
15 TO CLARIFY THE TYPES OF EPINEPHRINE FOR
16 USE IN ELEMENTARY AND SECONDARY SCHOOLS
17 IN THIS STATE.
18
19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
20
21 SECTION 1. Arkansas Code � 6-18-707 is amended to read as follows:
22 6-18-707. Prescription asthma inhaler or auto-injectable epinephrine --
23 Definitions.
24 (a) This section shall be known and may be cited as "Alex's Law".
25 (b) As used in this section:
26 (1)(A) "Epinephrine" means a neurotransmitter and a hormone that
27 has been approved by the United States Food and Drug Administration for the
28 treatment of anaphylaxis.
29 (B) "Epinephrine" only includes auto-injectable
30 epinephrine and epinephrine nasal spray;
31 (1)(A)(2)(A) "Medication" means a drug as that term is defined
32 in 21 U.S.C. � 321(g) of the Federal Food, Drug and Cosmetic Act as in
33 existence on January 1, 2005.
34 (B) "Medication" includes inhaled bronchodilators and
35 auto-injectable epinephrine; and
36 (2)(3) "Self-administration" means a person's discretionary use
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1 of a medication pursuant to a prescription or written direction from a
2 licensed healthcare practitioner.
3 (c)(1) The Division of Elementary and Secondary Education shall
4 develop guidelines for use in school districts that allow a student to carry
5 and use an asthma inhaler or auto-injectable epinephrine, or both, while in
6 school, at an on-site school-sponsored activity, or at an off-site school-
7 sponsored activity.
8 (2)(A) The procedure shall include at a minimum the following
9 provisions:
10 (i) The parent or guardian of a student who needs to
11 carry an asthma inhaler or auto-injectable epinephrine, or both, shall
12 provide the school with written authorization for the student to carry an
13 asthma inhaler or auto-injectable epinephrine, or both, on his or her person
14 for use while in school, at an on-site school-sponsored activity, or at an
15 off-site school-sponsored activity; and
16 (ii) The authorization shall be:
17 (a) Valid valid only for the duration of the
18 school year at the school that the student is attending at the time the
19 authorization is provided.; and
20 (b) Renewed The authorization must be renewed
21 for each school year or if the student changes schools in order for the
22 student to carry an asthma inhaler or auto-injectable epinephrine, or both,
23 on his or her person.
24 (B) The parent or guardian of a student who needs to carry
25 an asthma inhaler or auto-injectable epinephrine, or both, shall provide the
26 school with appropriate medical documentation, which shall include:
27 (i) Evidence that the asthma inhaler or auto-
28 injectable epinephrine, or both, have been prescribed by a healthcare
29 practitioner with prescriptive privileges;
30 (ii) Evidence that the student needs to carry the
31 asthma inhaler or auto-injectable epinephrine, or both, on his or her person
32 due to a medical condition; and
33 (iii) A copy of an individualized healthcare plan
34 for the student.
35 (C) All medical documentation provided with regard to a
36 student who carries an asthma inhaler or auto-injectable epinephrine, or
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1 both, shall be kept on file at the school the student attends in a location
2 that is readily accessible in the event of an asthma or anaphylaxis
3 emergency.
4 (D) A student's asthma inhaler or auto-injectable
5 epinephrine, or both, shall be supplied by the student's parent or guardian
6 and shall be stored and transported in its original prescription-labeled
7 container.
8 (E) The student shall demonstrate to the healthcare
9 practitioner who wrote the prescription and the school nurse, if the school
10 nurse is available, the skill level and responsibility necessary to use and
11 administer the asthma inhaler or auto-injectable epinephrine, or both.
12 (F)(i) A student with asthma is not required by this
13 section or any related rule or school procedure to carry the student's asthma
14 inhaler or auto-injectable epinephrine, or both, on his or her person.
15 (ii) If a student with asthma does not carry the
16 student's asthma inhaler or auto-injectable epinephrine, or both, on his or
17 her person, then the student's parent or guardian shall provide the school
18 with appropriate medication in the event of an asthma or anaphylaxis
19 emergency, which shall be immediately available to the student in an
20 emergency.
21 (G) A student who carries the student's asthma inhaler or
22 auto-injectable epinephrine, or both, on his or her person may provide the
23 school with appropriate medication in the event of an asthma or anaphylaxis
24 emergency, which shall be immediately available to the student in an
25 emergency.
26 (H) A student is prohibited from sharing, transferring, or
27 in any way diverting his or her own medications to any other person.
28 (d)(1) A school district, school district employee, or agent of a
29 school district is not liable for injury to a student caused by his or her
30 use of a prescription inhaler or self-administration of medication.
31 (2)(A) Regardless of whether or not a student's parents have
32 signed a waiver of liability, when a school nurse or a school district or
33 public charter school employee who holds a certificate under subsection (f)
34 of this section administers an epinephrine auto-injector to a student whom
35 the school nurse or a school district or public charter school employee in
36 good faith professionally believes is having an anaphylactic reaction or when
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1 a school nurse or a school district or public charter school employee
2 administers albuterol to a student who the school nurse or a school district
3 or public charter school employee in good faith professionally believes is in
4 perceived respiratory distress, the following persons are immune from any
5 damage, loss, or liability as a result of an injury arising from the
6 administration of an epinephrine auto-injector or albuterol:
7 (i) The school district or public charter school;
8 (ii) The employees and agents of the school district
9 or public charter school; and
10 (iii) A physician providing a standing protocol or
11 prescription for epinephrine auto-injectors or albuterol maintained at a
12 school.
13 (B) This subdivision (d)(2) does not provide immunity from
14 suit or liability for any damage, loss, injury, or liability caused by the
15 intentional or willful and wanton misconduct of a person in administering an
16 epinephrine auto-injector or albuterol to a student under this section.
17 (e)(1) A school district or public charter school shall adopt a policy
18 to authorize a school nurse or a school district or public charter school
19 employee to:
20 (A) Provide an epinephrine auto-injector or albuterol to a
21 student that meets the prescription on file or any personnel who holds a
22 certificate under subsections (f) and (g) of this section to administer an
23 epinephrine auto-injector or albuterol to the student;
24 (B) Administer an epinephrine auto-injector or albuterol
25 that meets the prescription on file to a student who has an individualized
26 healthcare plan that authorizes the use of an epinephrine auto-injector or
27 albuterol;
28 (C) Administer an epinephrine auto-injector to a student
29 who the school nurse or a school district or public charter school employee
30 who holds a certificate under subsection (f) of this section in good faith
31 professionally believes is having an anaphylactic reaction; and
32 (D) Administer albuterol to a student who the school nurse
33 or a school district or public charter school employee in good faith
34 professionally believes is in perceived respiratory distress.
35 (2) A school nurse shall administer an epinephrine auto-injector
36 or albuterol under a standing protocol from a physician licensed to practice
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1 medicine in this state.
2 (3) A school nurse who receives a supply of epinephrine auto-
3 injectors under � 20-13-405 for use at a public school shall maintain the
4 supply of epinephrine auto-injectors at the school in a locked, secure
5 location.
6 (4) Each school district and public charter school shall develop
7 a health plan to implement a certificate from a licensed physician, an
8 advanced practice registered nurse, or a physician assistant under
9 subsections (f) and (g) of this section.
10 (f)(1) A licensed physician shall issue a certificate under the Insect
11 Sting and Other Allergic Reactions Emergency Treatment Act, � 20-13-401 et
12 seq., authorizing a school nurse or a school district or public charter
13 school employee who is trained in the administration of epinephrine to
14 possess and administer epinephrine.
15 (2) The certificate shall specify the circumstances under which
16 epinephrine may be administered.
17 (g)(1) A physician who is licensed to practice medicine in this state,
18 an advanced practice registered nurse, or a physician assistant may issue a
19 certificate authorizing a school nurse or a school district or public charter
20 school employee who is trained in the administration of albuterol to possess
21 and administer albuterol.
22 (2) A school district or public charter school may:
23 (A) Acquire and stock a supply of albuterol as authorized
24 by subdivision (g)(1) of this section; and
25 (B) Enter into agreements with manufacturers of albuterol
26 to obtain the albuterol free of charge or at fair market or reduced prices.
27 (3) A school district or public charter school shall designate
28 an employee trained in the possession and administration of albuterol to be
29 responsible for the storage, maintenance, and distribution of albuterol
30 stocked by the school.
31
32 /s/Gramlich
33
34
35
36
5 02-13-2025 10:18:22 JMB026Every fact on this page links to its source, starting with the official bill record.