(a) The State Department of Education shall develop an anaphylaxis preparedness program to be adopted by each local board of education and implemented in each K-12 public school commencing with the 2015-2016 scholastic year. The Alabama State Board of Pharmacy shall provide guidance, direction, and advice to the State Department of Education in developing and administering the anaphylaxis preparedness program.
(b) The anaphylaxis preparedness program shall incorporate the following three levels of prevention initiated by licensed public school nurses as a part of the health services program:
(1) Level I, primary prevention: Education programs that address food allergies and anaphylaxis through both classroom and individual instruction for staff and students.
(2) Level II, secondary prevention: Identification and management of chronic illness.
(3) Level III, tertiary prevention: The development of a planned response to anaphylaxis-related emergencies in the school setting.
(c) Each local board of education may collaborate with a physician to develop and maintain a protocol for emergency response that shall include a supply of premeasured, single dose autoinjectable epinephrine on each public school campus to treat potentially life threatening allergic reactions. Single dose autoinjectable epinephrine consists of a single use device used for automatic injection of a premeasured dose of epinephrine into the human body or another epinephrine system approved by the federal Food and Drug Administration for public use. Single dose autoinjectable epinephrine may be self-administered at school by a student pursuant to Section 16-1-39 or may be administered or provided to school children by the school nurse, or unlicensed school personnel who have completed an anaphylaxis training program conducted by a nationally recognized organization experienced in training laypersons in emergency health treatment or other medication administration program approved by the State Department of Education and State Board of Nursing. Training may be conducted online or in person and, at a minimum, shall cover each of the following:
(1) Techniques on how to recognize symptoms of severe allergic reactions, including anaphylaxis.
(2) Standards and procedures for the storage and administration of single dose autoinjectable epinephrine.
(3) Emergency follow-up procedures.
(d) A school that possesses and makes available single dose autoinjectable epinephrine and its employees, agents, and other trained personnel, and any person who conducts the training described in subsection (c), shall be immune from suit and not liable for any civil damages resulting from any acts or omissions in the supervision or rendering of services, care, or assistance to a student under this section, nor for any civil damages resulting from any act, or failure to act, to provide or arrange for further treatment, care, or assistance. No information or protocols produced related to this section shall be construed to establish a standard of care for physicians or otherwise modify, amend, or supersede any provision of the Alabama Medical Liability Act of 1996, commencing with Section 6-5-540, or any amendment thereto, or any judicial interpretation thereof. Any provision of law to the contrary notwithstanding, a physician who is consulted or participates in regard to anaphylaxis-related emergencies, or develops, maintains, or is otherwise associated with, a protocol under this section, or takes any other action associated with, or related to, this section, is immune from all civil and criminal liability for any such acts.
(e) The requirement that a supply of premeasured, single dose autoinjectable epinephrine be secured and maintained on each public school campus shall only be enforced if funding is provided by the state.
Structure Code of Alabama
Chapter 1 - General Provisions.
Section 16-1-2.1 - New School Construction to Include Approved Safe Space or Hallway.
Section 16-1-2.5 - (Effective February 1, 2022) Contracts.
Section 16-1-3 - Photographing or Microphotographing Records - Authorized; Force and Effect.
Section 16-1-5 - Photographing or Microphotographing Records - Intent.
Section 16-1-6 - Association of School Board Members.
Section 16-1-7 - Eye Protective Devices for Pupils and Teachers Participating in Certain Courses.
Section 16-1-8.1 - Classroom Instructional Support.
Section 16-1-10 - Selling, etc., Alcoholic Beverages to School Children; Keeping on School Premises.
Section 16-1-11 - Private Schools to Register and Report;.
Section 16-1-11.1 - Autonomy of Nonpublic Schools - Legislative Findings.
Section 16-1-11.3 - Autonomy of Nonpublic Schools - Applicability of Statutory Requirements.
Section 16-1-11.5 - Teacher Certification.
Section 16-1-11.6 - Membership of Nonpublic Schools in Alabama High School Athletic Association.
Section 16-1-13 - Teaching Pupils of Disparate Ability, Background and Achievement.
Section 16-1-15 - Classification and Grouping of Pupils Upon Consideration of Social Attitudes, Etc.
Section 16-1-16 - Special Courses, Tutoring, Counseling, etc., for Special Groups of Pupils.
Section 16-1-16.1 - Alabama Council on Family and Children.
Section 16-1-17 - Contest of Certain Elections.
Section 16-1-18.1 - Accumulation of Sick Leave.
Section 16-1-18.2 - Payment for Unused Sick Leave Upon Death of Employee.
Section 16-1-20 - Period of Silence for Meditation at Beginning of First Class in Public Schools.
Section 16-1-20.1 - Period of Silence for Meditation.
Section 16-1-20.2 - School Prayer.
Section 16-1-20.3 - Student-Initiated Voluntary Prayer.
Section 16-1-20.4 - Period of Quiet Reflection.
Section 16-1-20.5 - Protection of Student Religious Liberties.
Section 16-1-20.6 - Released Time for Student Participation in Religious Instruction.
Section 16-1-22 - Audit of Certain Institutions.
Section 16-1-23 - Hazing Prohibited; Penalty.
Section 16-1-24.2 - Department of Education to Develop Statewide Violence Prevention Program.
Section 16-1-25.1 - Access by Professional Educators' Associations.
Section 16-1-26 - Compensation of School Board Members.
Section 16-1-27 - Use of Electronic Communication Devices on School Property.
Section 16-1-30 - Written Educational Policies, Rules and Regulations of Local Boards of Education.
Section 16-1-31 - Elective Course Credit for Participation in Ymca Youth and Government Programs.
Section 16-1-32 - Debit Cards; Authorized Uses; Transaction Fees.
Section 16-1-33 - Written Reduction-in-Force Policy.
Section 16-1-35 - Governor's Academic Achievement Program.
Section 16-1-36 - Tutoring Programs for Students Accessed Below Average Sat Scores.
Section 16-1-37 - Issuance of High School Diplomas to Certain Honorably Discharged Veterans.
Section 16-1-39 - Self-Administration of Medications by Student.
Section 16-1-40 - Education Trust Fund Proration Relief.
Section 16-1-41 - Orientation and Training for Members of Local Board of Education.
Section 16-1-41.1 - School Board Governance Improvement.
Section 16-1-42 - High School Fast Track to College Program.
Section 16-1-43 - Waiver of Undergraduate Tuition and Fees for Purple Heart Recipients.
Section 16-1-44 - School Emergency Operations Plans.
Section 16-1-44.1 - School Security Personnel and School Resource Officers.
Section 16-1-44.2 - Electronic Notification System.
Section 16-1-45 - Automated External Defibrillator Requirements.
Section 16-1-46 - Farm-to-School Procurement Processes and Procedures.
Section 16-1-48 - Anaphylaxis Preparedness Program.
Section 16-1-50 - Possession and Use of Over-the-Counter Sunscreen by Students.
Section 16-1-52 - Participation in Athletic Events to Be Based on Biological Sex of Athletes.
Section 16-1-53 - Broadcast of Public K-12 School Sporting Events.