Students have the right to possess and use an epinephrine autoinjector (Epi-pen) to treat anaphylaxis (severe allergic reactions). The right applies at school and extends to any activity, event or program sponsored by or in which the student’s school is a participant.
All requirements as listed in this policy apply to epinephrine autoinjectors as prescribed medications. Additionally, the prescriber must include written acknowledgement that the student is capable of possessing and self-administering the epinephrine autoinjector appropriately.
It is recommended that a second epinephrine autoinjector be supplied by the student’s parent or guardian and stored in the main office of the student’s building to ensure the availability of the medication in the event it is needed during school hours.
If the administration of an epinephrine autoinjector is required, assistance will immediately be sought from an emergency medical service provider regardless of whether the epinephrine autoinjector was self-administered or administered by an authorized staff member.
The Board and School employees are not liable in damages in a civil action for injury, death or loss to person or property allegedly arising if:
- a school employee prohibits a student from using an epinephrine autoinjector because he/she has a good faith belief that the conditions for carrying and using the medication have not been satisfied;
- a school employee permits a student to carry and use an epinephrine autoinjector because of the good faith that the conditions have been satisfied or
- in instances in which a student is rightfully permitted to carry an epinephrine autoinjector, the use of the medication by a student for whom it was not prescribed.
All immunities granted to schools under the sovereign immunity law or any other law applies.