Assigned to ED                                                                                                                       FOR COMMITTEE


 

 

 

 


ARIZONA STATE SENATE

Fifty-Sixth Legislature, Second Regular Session

 

FACT SHEET FOR H.B. 2174

 

school personnel; emergency glucagon administration

Purpose

Authorizes a school district or charter school to annually request a standing order for glucagon and to stock doses of glucagon at school sites for emergency administration to a pupil by specified individuals.

Background

A school district governing board (governing board) or charter school governing body (governing body) may adopt policies and procedures according to certain requirements for a pupil to manage their diabetes in the classroom, on school grounds and at school-sponsored activities as authorized by the primary health professional who is a physician assistant (PA) or doctor of medicine (MD), osteopathy or naturopathic medicine, a nurse practitioner (NP) or a pharmacist in a collaborative practice agreement (pharmacist). Adopted policies and procedures may designate two or more employees to serve as voluntary diabetes care assistants (diabetes assistants) who may administer insulin or glucagon to a pupil in an emergency situation if: 1) a school nurse, doctor or pharmacist is not immediately available to attend the pupil; and 2) the diabetes assistant is authorized to administer glucagon or insulin and the pupil's parent or guardian provides a glucagon kit or insulin and all necessary supplies prescribed by a doctor, NP or pharmacist (A.R.S. § 15-344.01).

It is unprofessional conduct for a licensed MD or doctor of osteopathy to prescribe, dispense or furnish a prescription medication to a person without conducting an examination or having a previously-established doctor-patient relationship. It is unprofessional conduct for a licensed pharmacist or pharmacy intern to knowingly dispense a prescription order issued through the business of dispensing drugs pursuant to a diagnosis by mail or the internet. Statute outlines exemptions from the definitions of unprofessional conduct relating to prescriptions for epinephrine auto-injectors written or dispensed for a school district or charter school to be stocked for emergency use (A.R.S. §§ 32-1401; 32-1800; and 32-1901.01).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Authorizes a governing board or governing body to annually request a standing order for glucagon from the chief medical officer of the Department of Health Services (DHS) or a county health department, a licensed MD or doctor of osteopathy, an NP or PA.

2.   Authorizes a school, if the governing board or governing body obtains a standing order for glucagon, to stock doses of glucagon at school sites for emergency administration to a pupil by a school nurse, nurse under contract with the school district or charter school, a licensed MD, doctor of osteopathy or doctor of naturopathic medicine, NP, PA or diabetes assistant.

3.   Requires a school district or charter school employee or contractor that implements a diabetes medical management plan, or part of a diabetes medical management plan, to provide to the school a written statement attesting that the employee or contractor has received proper training for glucagon administration signed by:

a)   a licensed MD, doctor of osteopathy or doctor of naturopathic medicine;

b)   a licensed NP or PA; or

c)   a licensed pharmacist.

4.   Determines that the training requirements for glucagon administration must be renewed at regular intervals prescribed by the governing board or governing body.

5.   Authorizes a school district or charter school to:

a)   apply to grants or accept monetary donations for purchasing glucagon; or

b)   participate in third-party programs to obtain glucagon at no cost, at a fair market price or at a reduced price.

6.   Immunizes from civil liability with respect to decisions made and actions taken based on good faith implementation of glucagon administration requirements:

a)   the chief medical officers of DHS or a county health department;

b)   licensed MD, doctor of osteopathy and doctor of naturopathic medicine;

c)   licensed NPs and PAs;

d)   volunteer health professionals;

e)   trained diabetes assistants;

f) school districts; and

g)   charter schools.

7.   Excludes from the definition of unprofessional conduct for a licensed MD or doctor of osteopathy, writing or dispensing glucagon prescriptions without an examination or established doctor-patient relationship, if the prescription is for a school district or charter school to be stocked for emergency use.

8.   Excludes, from the definition of unprofessional conduct relating to disciplining a licensed pharmacist or pharmacy intern, knowingly dispensing a prescription order issued through the business of dispensing drugs pursuant to a diagnosis by mail or the internet, if the order is for glucagon that is written or dispensed for a school district or charter school and that is to be stocked for emergency use.

9.   Determines that employee or contractor includes:

a)   school nurses;

b)   nurses under contract with the school district or charter school;

c)   licensed MDs, doctors of osteopathy or doctors of naturopathic medicine;

d)   licensed NPs or PAs; and

e)   trained diabetes assistants.

10.  Becomes effective on the general effective date.


 

House Action

ED                   1/16/24      DP       10-0-0-0

3rd Read          2/5/24                    57-0-0-0-3

Prepared by Senate Research

March 4, 2024

MH/slp