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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 331 By: Hines
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6 AS INTRODUCED
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7 An Act relating to schools; creating the Emerson Kate
7 Cole Act; providing short title; amending 70 O.S.
8 2021, Section 1-116.3, which relates to school
8 medication policies; updating statutory language;
9 updating statutory reference; requiring a school
9 employee to call 911 if Epinephrine is administered
10 to a student; requiring notification of a parent or
10 legal guardian if a student experiences a possible
11 allergic reaction; requiring annual training for
11 certain teachers and school employees; providing for
12 content and method of training; providing for
12 noncodification; providing an effective date; and
13 declaring an emergency.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. NEW LAW A new section of law not to be
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17 codified in the Oklahoma Statutes reads as follows:
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18 This act shall be known and may be cited as the "Emerson Kate
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19 Cole Act".
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20 SECTION 2. AMENDATORY 70 O.S. 2021, Section 1-116.3, is
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21 amended to read as follows:
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22 Section 1-116.3. A. Notwithstanding the provisions of Section
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23 1-116.2 of this title, the board of education of each school
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24 district shall adopt a policy on or before September 1, 2008, that
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Req. No. 661 Page 1
1 permits the self-administration of inhaled asthma medication by a
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2 student for treatment of asthma, the self-administration of
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3 anaphylaxis medication by a student for treatment of anaphylaxis,
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4 and the self-administration of replacement pancreatic enzymes by a
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5 student for treatment of cystic fibrosis. The policy shall require:
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6 1. The parent or legal guardian of the student to authorize in
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7 writing the student's self-administration of medication;
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8 2. The parent or legal guardian of the student to provide to
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9 the school a written statement from the physician treating the
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10 student that the student has asthma, anaphylaxis, or cystic fibrosis
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11 and is capable of, and has been instructed in the proper method of,
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12 self-administration of medication;
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13 3. The parent or legal guardian of the student to provide to
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14 the school an emergency supply of the student's medication to be
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15 administered pursuant to the provisions of Section 1-116.2 of this
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16 title;
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17 4. The school district to inform the parent or legal guardian
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18 of the student, in writing, that the school district and its
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19 employees and agents shall incur no liability as a result of any
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20 injury arising from the self-administration of medication by the
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21 student; and
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22 5. The parent or legal guardian of the student to sign a
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23 statement acknowledging that the school district shall incur no
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1 liability as a result of any injury arising from the self-
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2 administration of medication by the student.
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3 B. The school board of education of each school district that
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4 elects to stock Epinephrine injectors or inhalers shall amend the
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5 policy identified in subsection A of this section.
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6 1. The amended policy for Epinephrine injectors shall require:
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7 a. the school district to inform the parent or legal
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8 guardian of each student, in writing, that a school
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9 nurse or school employee trained by a health care
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10 professional or trained in correlation with the State
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11 Department of Health's Diabetes Management Annual
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12 School Training Program annual diabetes management
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13 training may administer, with parent or legal guardian
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14 permission but without a health care provider order,
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15 an Epinephrine injection to a student whom the school
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16 nurse or trained school employee in good faith
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17 believes is having an anaphylactic reaction,
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18 b. a waiver of liability executed by a parent or legal
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19 guardian to be on file with the school district prior
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20 to the administration of an Epinephrine injection
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21 pursuant to subparagraph a of this paragraph 1 of this
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22 subsection, and
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1 c. the school district to designate the employee
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2 responsible for obtaining the Epinephrine injectors at
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3 each school site.
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4 2. The amended policy for inhalers shall require:
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5 a. the school district to inform the parent or legal
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6 guardian of each student, in writing, that a school
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7 nurse or school employee trained by a health care
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8 professional may administer an inhaler to a student
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9 whom the school nurse or trained school employee in
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10 good faith believes is having respiratory distress,
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11 b. the school district to designate the employee
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12 responsible for obtaining the inhalers and spacers or
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13 holding chambers at each school site, and
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14 c. the school district to notify the parent or legal
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15 guardian of a student after administration of an
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16 inhaler.
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17 C. The school district and its employees and agents shall incur
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18 no liability as a result of any injury arising pursuant to the
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19 discharge or nondischarge of the powers provided for pursuant to
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20 subparagraph a of paragraphs 1 and 2 of subsection B of this
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21 section.
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22 D. A licensed physician who has prescriptive authority may
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23 write a prescription for Epinephrine injectors and inhalers and
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24 spacers or holding chambers to the school district in the name of
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1 the district as a body corporate specified in Section 5-105 of this
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2 title which shall be maintained at each school site. Such physician
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3 shall incur no liability as a result of any injury arising from the
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4 use of the Epinephrine injectors or the inhalers and spacers or
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5 holding chambers.
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6 E. The school district may maintain at each school a minimum of
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7 two Epinephrine injectors and two inhalers with spacers or holding
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8 chambers in a secure location. Provided, however, that nothing in
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9 this section shall be construed as creating or imposing a duty on a
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10 school district to maintain Epinephrine injectors or inhalers with
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11 spacers or holding chambers at a school site or sites.
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12 F. In the event a student is believed to be having an
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13 anaphylactic reaction or respiratory distress, a school employee
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14 shall contact 911 as soon as possible. If Epinephrine is
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15 administered to a student, a school employee shall contact 911 as
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16 soon as possible. The school district shall notify the parent or
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17 legal guardian of any student who experiences a possible allergic
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18 reaction as soon as possible.
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19 G. The State Board of Education, in consultation with the State
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20 Board of Health, shall develop model policies which school districts
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21 may use in compliance with this section. The model policies shall
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22 include, at a minimum, required annual training for teachers and
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23 school employees who are directly responsible for students on the
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24 topics of food allergies, recognizing anaphylaxis, and instruction
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Req. No. 661 Page 5
1 on how to administer Epinephrine. The training shall be completed
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2 before the school year begins or upon hiring the teacher or school
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3 employee. Documentation certifying completion of the required
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4 training shall be retained in the personnel file for the teacher or
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5 school employee. The training may be provided online or in person
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6 by the school nurse or a recognized food allergy and anaphylaxis
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7 training program.
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8 H. The State Board of Education, in consultation with the State
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9 Board of Health, shall promulgate rules to implement this section.
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10 I. As used in this section:
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11 1. "Medication" means a metered dose inhaler or a dry powder
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12 inhaler to alleviate asthmatic symptoms, prescribed by a physician
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13 and having an individual label, an anaphylaxis medication used to
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14 treat anaphylaxis including but not limited to Epinephrine injectors
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15 prescribed by a physician and having an individual label, or
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16 replacement pancreatic enzymes prescribed by a physician and having
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17 an individual label; and
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18 2. "Self-administration" means a student's use of medication
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19 pursuant to prescription or written direction from a physician.;
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20 3. "Respiratory distress" means the perceived or actual
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21 presence of coughing, wheezing, or shortness of breath; and
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22 4. "Inhaler" means a device that delivers a bronchodilator to
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23 alleviate symptoms of respiratory distress that is manufactured in
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24 the form of a metered-dose inhaler or dry-powder inhaler and that
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1 may include a spacer or holding chamber that attaches to the inhaler
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2 to improve the delivery of the bronchodilator.
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3 J. The permission for self-administration of asthma,
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4 anaphylaxis, or replacement pancreatic enzyme medication is
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5 effective for the school year for which it is granted and shall be
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6 renewed each subsequent school year upon fulfillment of the
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7 requirements of this section.
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8 K. A student who is permitted to self-administer asthma,
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9 anaphylaxis, or replacement pancreatic enzyme medication pursuant to
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10 this section shall be permitted to possess and use a prescribed
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11 inhaler, anaphylaxis medication including but not limited to an
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12 Epinephrine injector, or replacement pancreatic enzyme medication at
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13 all times.
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14 SECTION 3. This act shall become effective July 1, 2025.
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15 SECTION 4. It being immediately necessary for the preservation
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16 of the public peace, health, or safety, an emergency is hereby
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17 declared to exist, by reason whereof this act shall take effect and
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18 be in full force from and after its passage and approval.
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20 60-1-661 EB 1/2/2025 7:52:18 AM
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