(A) As used in this section, and unless the specific context indicates otherwise:
(1) "Administer" means the direct application of an epinephrine auto-injector into the body of a person.
(2) "Advanced practice registered nurse" means a registered nurse prepared for an advanced practice registered nursing role by virtue of the additional knowledge gained through an advanced formal education program in a specialty area pursuant to Chapter 33, Title 40.
(3) "Designated school personnel" means an employee, agent, or volunteer of a school designated by the governing authority of the school district or the governing authority of the private school who has completed the training required in accordance with the guidelines of the governing authority to provide for or administer an epinephrine auto-injector to a student.
(4) "Epinephrine auto-injector" means a device that automatically injects a premeasured dose of epinephrine into a person.
(5) "Governing authority of a school" means the board of trustees of a school district or the board of trustees of a private school.
(6) "Participating governing authorities" means governing authorities of school districts and governing authorities of private schools that authorize schools to maintain a supply of undesignated epinephrine auto-injectors and to provide and administer epinephrine auto-injectors to students and other people pursuant to subsections (B) and (C).
(7) "Physician" means a doctor of medicine licensed by the South Carolina Board of Medical Examiners pursuant to Article 1, Chapter 47, Title 40.
(8) "Physician assistant" means a health care professional licensed to assist with the practice of medicine with a physician supervisor pursuant to Article 7, Chapter 47, Title 40.
(9) "Provide" means to supply one or more epinephrine auto-injectors to a student or other person.
(10) "School" means a public or private school.
(11) "Self-administration" means a student or other person's discretionary use of an epinephrine auto-injector, whether provided by the student or the other person or by a school nurse or other designated school personnel pursuant to this section.
(B) Notwithstanding another provision of law, a physician, an advanced practice registered nurse licensed to prescribe medication pursuant to Section 40-33-34, and a physician assistant licensed to prescribe medication pursuant to Sections 40-47-955 through 40-47-965 may prescribe epinephrine auto-injectors maintained in the name of a school for use in accordance with subsection (D). Notwithstanding another provision of law, licensed pharmacists and physicians may dispense epinephrine auto-injectors in accordance with a prescription issued pursuant to this subsection. Notwithstanding another provision of law, a school may maintain a stock supply of epinephrine auto-injectors in accordance with a prescription issued pursuant to this subsection. For the purposes of administering and storing epinephrine auto-injectors, schools are not subject to Chapter 43, Title 40 or Chapter 99 of the South Carolina Code of State Regulations.
(C) The governing authority of a school district or private school may authorize school nurses and other designated school personnel to:
(1) provide an epinephrine auto-injector to a student to self-administer the epinephrine auto-injector in accordance with a prescription specific to the student that is on file with the school;
(2) administer an epinephrine auto-injector to a student in accordance with a prescription specific to the student on file with the school;
(3) administer an epinephrine auto-injector to a student or other individual on school premises whom the school nurse or other designated school personnel believes in good faith is experiencing anaphylaxis, in accordance with a standing protocol of a physician, an advanced practice registered nurse licensed to prescribe medication pursuant to Section 40-33-34, or a physician assistant licensed to prescribe medication pursuant to Sections 40-47-955 through 40-47-965, regardless of whether the student or other individual has a prescription for an epinephrine auto-injector.
(D) The governing authority of a school district or the governing authority of a private school may enter into arrangements with manufacturers of epinephrine auto-injectors or third-party suppliers of epinephrine auto-injectors to obtain epinephrine auto-injectors at fair-market, free, or reduced prices.
(E) Participating governing authorities, in consultation with the State Department of Education and the Department of Health and Environmental Control, shall implement a plan for the management of students with life-threatening allergies enrolled in the schools under their jurisdiction. The plan must include, but need not be limited to:
(1) education and training for school personnel on the management of students with life-threatening allergies, including training related to the administration of an epinephrine auto-injector, techniques on how to recognize symptoms of severe allergic reactions, including anaphylaxis, and the standards and procedures for the storage and administration of an epinephrine auto-injector;
(2) procedures for responding to life-threatening allergic reactions, including emergency follow-up procedures; and
(3) a process for the development of individualized health care and allergy action plans for every student with a known life-threatening allergy.
(F) Participating governing authorities shall make the plan developed pursuant to subsection (E) available on the websites of the school district and private school governing authorities and on the websites of schools; however, if a school does not have a website, make the plan publicly available through other practicable means as determined by participating governing authorities.
(G) This section applies only to participating governing authorities.
(H)(1) A school, school district, school district governing authority, private school governing authority, the Department of Health and Environmental Control, the State Department of Education, and employees, volunteers, and other agents of all of those entities including, but not limited to, a physician, advanced practice registered nurse, physician assistant, pharmacist, school nurse, and other designated school personnel, who undertake an act identified in item (2), are not liable for damages caused by injuries to a student or another person resulting from the administration or self-administration of an epinephrine auto-injector, regardless of whether:
(a) the student's parent or guardian, or a physician, advanced practice registered nurse, or physician assistant, authorized the administration or self-administration; or
(b) the other person to whom a school nurse or other designated school personnel provides or administers an epinephrine auto-injector gave authorization for the administration.
(2) The immunity granted pursuant to item (1) applies to individuals and entities who:
(a) develop or implement, or participate in the development or implementation of, a plan, pursuant to subsection (E), including, but not limited to, providing training to school nurses and other designated school personnel;
(b) make publicly available a plan, pursuant to subsection (F);
(c) prescribe epinephrine auto-injectors, pursuant to subsection (B);
(d) dispense epinephrine auto-injectors, pursuant to subsection (B);
(e) provide epinephrine auto-injectors to students or other people for self-administration, pursuant to subsection (C); or
(f) administer epinephrine auto-injectors to students or other people, pursuant to subsection (C).
(3) The immunity granted pursuant to this subsection:
(a) does not apply to acts or omissions constituting gross negligence or wilful, wanton, or reckless conduct; and
(b) is in addition to, and not in lieu of, immunity provided pursuant to Sections 15-1-310, 15-78-10, and any other provisions of law.
(4) The administration of an epinephrine auto-injector pursuant to this section is not the practice of medicine or nursing.
HISTORY: 2013 Act No. 37, Section 2, eff June 7, 2013.
Editor's Note
2013 Act No. 37, Section 1, provides as follows:
"SECTION 1. This act may be cited as the 'Safe Access to Vital Epinephrine Act'."
Structure South Carolina Code of Laws
Section 59-63-20. Age of attendance.
Section 59-63-30. Qualifications for attendance.
Section 59-63-35. Nonresident military enrollment in South Carolina high school diploma program.
Section 59-63-40. Discrimination on account of race, creed, color, or national origin prohibited.
Section 59-63-45. Reimbursement for attending another school district
Section 59-63-50. Fingerprinting of pupils.
Section 59-63-55. Report required of certain injuries.
Section 59-63-60. School guards required to be safely attired.
Section 59-63-65. Class size reduction; funding; facilities.
Section 59-63-70. High school student participation in independent organized sports teams.
Section 59-63-75. Concussion protocol for student athletes.
Section 59-63-80. Individual health care plans for students with special health care needs.
Section 59-63-90. Notice of available health-related services and rights.
Section 59-63-110. Citation of article.
Section 59-63-120. Definitions.
Section 59-63-130. Prohibited conduct; reports by witnesses.
Section 59-63-217. Barring enrollment of student; grounds; notice and hearing; duration of bar.
Section 59-63-220. Suspension of pupils by administrator.
Section 59-63-230. Notices of suspensions; conferences with parents or guardian.
Section 59-63-235. Expulsion of student determined to have brought firearm to school.
Section 59-63-240. Expulsion for remainder of year; hearings.
Section 59-63-250. Transfer of pupils.
Section 59-63-260. Corporal punishment.
Section 59-63-270. Regulation or prohibition of clubs or like activities.
Section 59-63-275. Student hazing prohibited; definitions.
Section 59-63-280. "Paging device" defined; adoption of policies addressing student possession.
Section 59-63-310. Short title.
Section 59-63-320. Reporting form.
Section 59-63-330. Quarterly and annual reports.
Section 59-63-333. School crime requirements to conform to federal "No Child Left Behind Act".
Section 59-63-335. Failure of school administrator to report criminal conduct; liability.
Section 59-63-340. Promulgation of regulations.
Section 59-63-350. Local law enforcement.
Section 59-63-360. Attorney General; representation of school districts.
Section 59-63-380. School official reporting school-related crimes; immunity.
Section 59-63-390. Inclusion of school crime report act summary in student handbooks.
Section 59-63-410. Enrollment of pupils.
Section 59-63-420. Effect of transfer on enrollment lists.
Section 59-63-430. Board shall furnish copies of relevant statutes to teachers.
Section 59-63-440. Violations of Sections 59-63-410 to 59-63-430.
Section 59-63-450. No may shall be counted in enrollment more than once.
Section 59-63-460. Annual reports.
Section 59-63-470. Transfer of pupils whose enrollment threatens to disturb peace.
Section 59-63-480. Attendance at schools in adjacent county.
Section 59-63-490. Transfer to adjoining school district.
Section 59-63-500. Transfer without consent of school district of residence.
Section 59-63-510. County board of education authorized to order transfer.
Section 59-63-520. Consent required for transfer.
Section 59-63-530. Credit on tuition for taxes paid.
Section 59-63-550. School attendance; boundary clarification.
Section 59-63-710. School lunch division in State Department of Education.
Section 59-63-720. County school lunch supervisors.
Section 59-63-730. Employment and discharge of county school lunch supervisors.
Section 59-63-740. Duties of county school lunch supervisors.
Section 59-63-750. Compensation of school lunch supervisors; office space and equipment.
Section 59-63-760. State's school lunch policy.
Section 59-63-765. School breakfast program.
Section 59-63-780. Inability to pay for school lunches; availability of federal funds.
Section 59-63-785. School meal debt collections; exceptions.
Section 59-63-790. School districts to implement breakfast program in each school.
Section 59-63-800. Waiver of school breakfast requirement.
Section 59-63-910. Safety and security drills; guidelines.
Section 59-63-920. School compliance and documentation.
Section 59-63-1110. Consent to search person or his effects.
Section 59-63-1120. Searches by school administrators or officials with or without probable cause.
Section 59-63-1130. Searches by principals or their designees.
Section 59-63-1140. Strip searches prohibited.
Section 59-63-1150. Compliance with case law; training of school administrators.
Section 59-63-1300. Legislative intent.
Section 59-63-1310. Individual or cooperative programs; funding; sites.
Section 59-63-1320. Referral or placement of students in alternative school programs.
Section 59-63-1330. Discretion of school board.
Section 59-63-1340. Permissible divergence from traditional programs and schools.
Section 59-63-1350. Eligibility for funding.
Section 59-63-1360. Transportation.
Section 59-63-1370. Teachers at alternative school programs; staff development.
Section 59-63-1380. Funding for alternative school programs.