Shown verbatim: the complete text as captured from the official PDF posted by the Delaware General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
SPONSOR: Rep. Neal & Sen. Sokola
Rep. K. Johnson
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 466
AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE APPLICATION OF NASAL
EPINEPHRINE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
1 Section 1. Amend Subchapter II, Chapter 30E, Title 16 of the Delaware Code by making deletions as shown by
2 strike through and insertions as shown by underline as follows:
3 Subchapter II. Access to Epinephrine Autoinjectors and Intranasal Epinephrine Sprays in Institutions of Higher
4 Education
5 § 3011E. Definitions.
6 For purposes of this subchapter:
7 (1) “Administer” means the direct application of an epinephrine autoinjector or intranasal epinephrine spray to
8 the body of an individual.
9 (2) “Dispensing” means providing 1 or more epinephrine autoinjectors or intranasal epinephrine sprays
10 according to an order of a licensed health-care provider.
11 (3) “Epinephrine autoinjector” means a single-use device used for the automatic injection of a premeasured
12 dose of epinephrine into the human body.
13 (4) “Institution of higher education” means a public or private educational institution, physically located in
14 this State, that provides a program of education beyond the high school level and awards an associate’s, bachelor’s, or
15 advanced degree.
16 (5) “Licensed health-care provider” means a physician or an individual licensed and authorized to write
17 prescriptions for individuals under Title 24.
18 (6) “Records’' means the recordings of interviews and all oral or written reports, statements, minutes,
19 memoranda, charts, statistics, data, and other documentation generated by the State Emergency Medical Services
20 Medical Director any administration or review of epinephrine autoinjectors.
21 (7) “Self-administration” means the process whereby an individual gives themselves a single dose of
22 epinephrine from a previously dispensed, properly labeled autoinjector or intranasal epinephrine spray.
HD : CD : DS Page 1 of 5 Released: 06/03/2026 05:44 PM
1041530008
23 (8) “Intranasal epinephrine spray” means a single-dose nasal spray that delivers epinephrine through the
24 nostrils.
25 § 3012E. Emergency access to epinephrine autoinjectors and Intranasal epinephrine sprays.
26 The Department shall do all of the following:
27 (1) Promote the safe use of epinephrine autoinjectors and intranasal epinephrine sprays at institutions of
28 higher education to reduce deaths from anaphylaxis.
29 (2) Promulgate regulations to implement this subchapter.
30 § 3013E. Epinephrine autoinjectors; autoinjectors and intranasal epinephrine sprays; prescribing, dispensing,
31 storage.
32 (a) A licensed health-care provider may prescribe epinephrine autoinjectors and intranasal epinephrine sprays in
33 the name of an institution of higher education for use under this subchapter.
34 (b) A licensed health-care provider or pharmacist may dispense epinephrine autoinjectors and intranasal
35 epinephrine sprays under a prescription issued in the name of an institution of higher education.
36 (c) An institution of higher education may acquire and stock a supply of epinephrine autoinjectors and intranasal
37 epinephrine sprays under a prescription issued under this subchapter as follows:
38 (1) The epinephrine autoinjectors and intranasal epinephrine sprays must be stored in a location readily
39 accessible in an emergency.
40 (2) The epinephrine autoinjectors and intranasal epinephrine sprays must be stored in accordance with the
41 epinephrine autoinjector’s instructions for use and any additional requirements established by the Department.
42 (3) An institution of higher education shall designate employees or agents who have completed the training
43 required under § 3015E of this title to be responsible for the storage, maintenance, and general oversight of epinephrine
44 autoinjectors and intranasal epinephrine sprays acquired by the institution of higher education.
45 § 3014E. Epinephrine autoinjectors; autoinjectors and intranasal epinephrine sprays administration.
46 (a) An employee or agent of an institution of higher education, who has completed the training required under §
47 3015E of this title may, on the premises of or in connection with the institution of higher education, use epinephrine
48 autoinjectors or intranasal epinephrine sprays prescribed under § 3013E of this title as follows:
49 (1) Provide an epinephrine autoinjector or intranasal epinephrine spray to an individual who the employee,
50 agent, or the individual believes in good faith is experiencing anaphylaxis for immediate self-administration, regardless
51 of whether the individual has a prescription for an epinephrine autoinjector or intranasal epinephrine spray or has
52 previously been diagnosed with an allergy.
HD : CD : DS Page 2 of 5 Released: 06/03/2026 05:44 PM
1041530008
53 (2) Administer an epinephrine autoinjector or intranasal epinephrine spray to any individual who the
54 employee or agent believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a
55 prescription for an epinephrine autoinjector or intranasal epinephrine spray or has previously been diagnosed with an
56 allergy.
57 (b) An individual who uses an epinephrine autoinjector or intranasal epinephrine spray under subsection (a) of this
58 section must do all of the following:
59 (1) Notify the appropriate emergency medical service units as soon as possible.
60 (2) Report the use to the appropriate licensed physician or medical authority, if known.
61 § 3015E. Epinephrine autoinjectors; autoinjectors and intranasal epinephrine sprays training.
62 (a) An employee or agent of an institution of higher education must complete an anaphylaxis training program
63 before providing or administering an epinephrine autoinjector or intranasal epinephrine spray made available by an
64 institution of higher education. The training must be conducted by a nationally-recognized organization experienced in
65 training laypersons in emergency health treatment or an entity or individual approved by the Department. Training may be
66 conducted online or in person and, at a minimum, must cover all of the following:
67 (1) Techniques on how to recognize symptoms of severe allergic reactions, including anaphylaxis.
68 (2) Standards and procedures for the storage and administration of an epinephrine autoinjector. autoinjector
69 and intranasal epinephrine spray.
70 (3) Risks of administering an epinephrine autoinjector or intranasal epinephrine spray that has expired or that
71 was not stored at the proper temperature.
72 (4) Potential contraindications, risks, side effects, or medication reactions after appropriate use.
73 (5) The differences in usage, storage, and administration of an EpiPen Jr. autoinjectors autoinjectors and
74 intranasal epinephrine sprays.
75 (6) What to do if an individual is at a borderline weight.
76 (7) Emergency follow-up procedures.
77 (b) The entity that conducts the training shall issue a certificate, on a form developed or approved by the
78 Department, to each person who successfully completes the anaphylaxis training program.
79 (c) An individual who successfully completes an anaphylaxis training under this section may use epinephrine
80 autoinjectors and intranasal epinephrine sprays prescribed under § 3013E of this title for 2 years from the date of
81 completion on the certificate issued under subsection (b) of this section.
82 § 3016E. Epinephrine autoinjectors; autoinjector and intranasal epinephrine spray immunity.
HD : CD : DS Page 3 of 5 Released: 06/03/2026 05:44 PM
1041530008
83 (a) A licensed health-care provider who prescribes or dispenses an epinephrine autoinjector or intranasal
84 epinephrine spray to an institution of higher education under this subchapter must do so in good faith and with reasonable
85 care. Unless it is established that the licensed health-care provider caused injuries or death as a result of unreasonable care,
86 wilfully, wantonly, or by gross negligence, a licensed health-care provider is not subject to any of the following as a result
87 of prescribing or dispensing an epinephrine autoinjector or intranasal epinephrine spray under this subchapter:
88 (1) Disciplinary or other adverse action under the professional licensing laws of this State.
89 (2) Criminal liability.
90 (3) Liability for damages for injuries or death.
91 (b) A pharmacist who dispenses an epinephrine autoinjector or intranasal epinephrine spray to an institution of
92 higher education under this subchapter must do so in good faith and with reasonable care. Unless it is established that the
93 pharmacist caused injuries or death as a result of unreasonable care, wilfully, wantonly, or by gross negligence, a
94 pharmacist is not subject to any of the following as a result of dispensing an epinephrine autoinjector or intranasal
95 epinephrine spray under this subchapter:
96 (1) Disciplinary or other adverse action under the professional licensing laws of this State.
97 (2) Criminal liability.
98 (3) Liability for damages for injuries or death.
99 (c) An institution of higher education that possesses and makes available epinephrine autoinjector or intranasal
100 epinephrine spray under this subchapter must do so in good faith and with reasonable care. Unless it is established that the
101 institution of higher education caused injuries or death as a result of unreasonable care, wilfully, wantonly, or by gross
102 negligence, an institution of higher education is not subject to any of the following as a result of possessing or making
103 available an epinephrine autoinjector or intranasal epinephrine spray under this subchapter:
104 (1) Disciplinary or other adverse action under the professional licensing laws of this State.
105 (2) Criminal liability.
106 (3) Liability for damages for injuries or death.
107 (d) An individual who administers or provides an epinephrine autoinjector or intranasal epinephrine spray under
108 this subchapter is exempt from liability under § 6801 of this title.
109 § 3017E. Epinephrine autoinjectors; autoinjectors and intranasal epinephrine sprays reports.
110 (a) An institution of higher education that possesses and makes available epinephrine autoinjectors or intranasal
111 epinephrine spray shall must submit to the Department, on a form developed by the Department, a report of each incident
HD : CD : DS Page 4 of 5 Released: 06/03/2026 05:44 PM
1041530008
112 that involves the administration of the institution of higher education’s epinephrine autoinjector or intranasal epinephrine
113 spray.
114 (b) Records of the State Emergency Medical Services Medical Director, and emergency medical services quality
115 care review committee relating to epinephrine autoinjector or intranasal epinephrine spray reviews and audits are
116 confidential and privileged, protected, and are not subject to discovery, subpoena, or admission into evidence in any judicial
117 or administrative proceeding. Raw data used in any epinephrine autoinjector or intranasal epinephrine spray review or audit
118 is not a public record under Chapter 100 of Title 29 and is confidential under § 1768(b) of Title 24.
119 (c) The Department shall file an annual report with the General Assembly by January 1 that provides all of the
120 following information for the prior academic year:
121 (1) A summary and analysis of all reports submitted under subsection (a) of this section.
122 (2) The number of institutions of higher education that received epinephrine autoinjectors under this
123 subchapter.
124 (3) The number of individuals trained to administer epinephrine autoinjectors under this subchapter.
125 [Repealed].
SYNOPSIS
This Act adds authority and guidelines for access to and use of intranasal epinephrine nasal sprays at institutions of
higher education to the existing framework for access to and use of epinephrine injectors. This Act also removes the
requirement of the Department of Public Health from filing an annual report regarding the use of epinephrine autoinjectors
for the prior academic year with the General Assembly under this section.
HD : CD : DS Page 5 of 5 Released: 06/03/2026 05:44 PM
1041530008Every fact on this page links to its source, starting with the official bill record.