School Access to Emergency Medication Act

Del. Code tit. 16, ch. 30E

in effect

Del. Code tit. 16, § 3001E Definitions.

For purposes of this subchapter: (1) “Emergency medication” means a medication necessary for response to a life-threatening allergic reaction. (2) “Licensed health-care provider” means anyone lawfully authorized to prescribe medications and treatments. (3) “School” means an educational facility serving students in kindergarten through grade 12, and any associated pre-kindergarten program in such facility. (4) “School nurse” means a registered nurse employed by a local education agency meeting the certification and licensure requirements of the employing agency. (5) “Trained person” means an educator, coach or person hired or contracted by schools serving students in pre-kindergarten through grade 12 who has completed the training to administer emergency medicine to diagnosed and undiagnosed individuals. (6) “Without an order” means that the school nurse or trained person may administer emergency medication, as further described within this subchapter, without an individual prescription from a licensed health-care provider for a person to receive the emergency medication. In lieu of a licensed health-care provider’s order, i.e., an individual prescription, the Division of Public Health will issue guidance on the administration of emergency medication in the school setting. The Division of Public Health will continue to provide medical emergency standing orders for allergic reactions and anaphylaxis in previously undiagnosed individuals for use by registered nurses in public school districts and charter schools.

Del. Code tit. 16, § 3002E Responsibilities of the Department of Education.

The Department of Education shall adopt rules and regulations regarding emergency medication, including but not limited to the training of trained persons and documentation thereof; and the storage, provision and administration of emergency medication and documentation thereof.

Del. Code tit. 16, § 3003E Responsibilities of the Division of Public Health.

The Division of Public Health shall provide guidance on the administration of emergency medications without an order in the school setting to undiagnosed individuals. The Division of Public Health will continue to provide medical emergency standing orders for allergic reactions and anaphylaxis in previously undiagnosed individuals for use by registered nurses in public school districts and charter schools.

Del. Code tit. 16, § 3004E Responsibilities of the school.

(a) The school nurse, in consultation with the school administration, shall identify and train a sufficient number of eligible persons willing or required by position to become trained persons to administer emergency medication. (b) The school shall maintain stock emergency medication.

Del. Code tit. 16, § 3005E Training.

(a) The Department of Education shall develop, for approval by the Division of Public Health, a training course to prepare trained persons to administer emergency medications to diagnosed and undiagnosed individuals. (b) Except for a school nurse, an educator, coach or person hired or contracted by schools serving students in pre-kindergarten through grade 12 shall not be compelled to become a trained person, unless this is a requirement of hire or contract.

Del. Code tit. 16, § 3006E Storage of emergency medication.

(a) Emergency medication which shall be administered by the school nurse, shall be located in a secure but accessible area which is easily accessible to the school nurse. (b) Emergency medication which shall be administered by a trained person, shall be located in a secure but accessible area, which is identified by the school as easily accessible.

Del. Code tit. 16, § 3007E Provision of limited liability protections.

Any trained person or school nurse, who, in good faith and without expectation of compensation from the person aided or treated, renders emergency care or treatment in response to an apparent allergic reaction by the use of an emergency medication shall not be liable for damages for injuries alleged to have been sustained by the aided or treated person or for damages for the death of the aided or treated person alleged to have occurred by reason of an act or omission in the rendering of such emergency care or treatment, unless it is established that such injuries or such death were caused wilfully, wantonly or by gross negligence on the part of the trained person or school nurse who rendered the emergency care or treatment by the use of an emergency medication.

Del. Code tit. 16, § 3011E Definitions.

For purposes of this subchapter: (1) “Administer” means the direct application of an epinephrine autoinjector or intranasal epinephrine spray to the body of an individual. (2) “Dispensing” means providing 1 or more epinephrine autoinjectors or intranasal epinephrine sprays according to an order of a licensed health-care provider. (3) “Epinephrine autoinjector” means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body. (4) “Institution of higher education” means a public or private educational institution, physically located in this State, that provides a program of education beyond the high school level and awards an associate’s, bachelor’s, or advanced degree. (5) “Intranasal epinephrine spray” means a single-dose nasal spray that delivers epinephrine through the nostrils. (6) “Licensed health-care provider” means a physician or an individual licensed and authorized to write prescriptions for individuals under Title 24. (7) “Records’' means the recordings of interviews and all oral or written reports, statements, minutes, memoranda, charts, statistics, data, and other documentation generated by any administration or review of epinephrine autoinjectors. (8) “Self-administration” means the process whereby an individual gives themselves a single dose of epinephrine from a previously dispensed, properly labeled autoinjector or intranasal epinephrine spray.

Del. Code tit. 16, § 3012E Emergency access to epinephrine autoinjectors and intranasal epinephrine sprays.

The Department shall do all of the following: (1) Promote the safe use of epinephrine autoinjectors and intranasal epinephrine sprays at institutions of higher education to reduce deaths from anaphylaxis. (2) Promulgate regulations to implement this subchapter.

Del. Code tit. 16, § 3013E Epinephrine autoinjectors and intranasal epinephrine sprays; prescribing, dispensing, storage.

(a) A licensed health-care provider may prescribe epinephrine autoinjectors and intranasal epinephrine sprays in the name of an institution of higher education for use under this subchapter. (b) A licensed health-care provider or pharmacist may dispense epinephrine autoinjectors and intranasal epinephrine sprays under a prescription issued in the name of an institution of higher education. (c) An institution of higher education may acquire and stock a supply of epinephrine autoinjectors and intranasal epinephrine sprays under a prescription issued under this subchapter as follows: (1) The epinephrine autoinjectors and intranasal epinephrine sprays must be stored in a location readily accessible in an emergency. (2) The epinephrine autoinjectors and intranasal epinephrine sprays must be stored in accordance with the instructions for use and any additional requirements established by the Department. (3) An institution of higher education shall designate employees or agents who have completed the training required under § 3015E of this title to be responsible for the storage, maintenance, and general oversight of epinephrine autoinjectors and intranasal epinephrine sprays acquired by the institution of higher education.

Del. Code tit. 16, § 3014E Epinephrine autoinjectors and intranasal epinephrine sprays administration.

(a) An employee or agent of an institution of higher education, who has completed the training required under § 3015E of this title may, on the premises of or in connection with the institution of higher education, use epinephrine autoinjectors or intranasal epinephrine sprays prescribed under § 3013E of this title as follows: (1) Provide an epinephrine autoinjector or intranasal epinephrine spray to an individual who the employee, agent, or the individual believes in good faith is experiencing anaphylaxis for immediate self-administration, regardless of whether the individual has a prescription for an epinephrine autoinjector or intranasal epinephrine spray or has previously been diagnosed with an allergy. (2) Administer an epinephrine autoinjector or intranasal epinephrine spray to any individual who the employee or agent believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine autoinjector or intranasal epinephrine spray or has previously been diagnosed with an allergy. (b) An individual who uses an epinephrine autoinjector or intranasal epinephrine spray under subsection (a) of this section must do all of the following: (1) Notify the appropriate emergency medical service units as soon as possible. (2) Report the use to the appropriate licensed physician or medical authority, if known.

Del. Code tit. 16, § 3015E Epinephrine autoinjectors and intranasal epinephrine sprays training.

(a) An employee or agent of an institution of higher education must complete an anaphylaxis training program before providing or administering an epinephrine autoinjector or intranasal epinephrine spray made available by an institution of higher education. The training must be conducted by a nationally-recognized organization experienced in training laypersons in emergency health treatment or an entity or individual approved by the Department. Training may be conducted online or in person and, at a minimum, must cover all 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 an epinephrine autoinjector and intranasal epinephrine spray. (3) Risks of administering an epinephrine autoinjector or intranasal epinephrine spray that has expired or that was not stored at the proper temperature. (4) Potential contraindications, risks, side effects, or medication reactions after appropriate use. (5) The differences in usage, storage, and administration of EpiPen Jr. autoinjectors and intranasal epinephrine sprays. (6) What to do if an individual is at a borderline weight. (7) Emergency follow-up procedures. (b) The entity that conducts the training shall issue a certificate, on a form developed or approved by the Department, to each person who successfully completes the anaphylaxis training program. (c) An individual who successfully completes an anaphylaxis training under this section may use epinephrine autoinjectors and intranasal epinephrine sprays prescribed under § 3013E of this title for 2 years from the date of completion on the certificate issued under subsection (b) of this section.

Del. Code tit. 16, § 3016E Epinephrine autoinjector and intranasal epinephrine spray immunity.

(a) A licensed health-care provider who prescribes or dispenses an epinephrine autoinjector or intranasal epinephrine spray to an institution of higher education under this subchapter must do so in good faith and with reasonable care. Unless it is established that the licensed health-care provider caused injuries or death as a result of unreasonable care, wilfully, wantonly, or by gross negligence, a licensed health-care provider is not subject to any of the following as a result of prescribing or dispensing an epinephrine autoinjector or intranasal epinephrine spray under this subchapter: (1) Disciplinary or other adverse action under the professional licensing laws of this State. (2) Criminal liability. (3) Liability for damages for injuries or death. (b) A pharmacist who dispenses an epinephrine autoinjector or intranasal epinephrine spray to an institution of higher education under this subchapter must do so in good faith and with reasonable care. Unless it is established that the pharmacist caused injuries or death as a result of unreasonable care, wilfully, wantonly, or by gross negligence, a pharmacist is not subject to any of the following as a result of dispensing an epinephrine autoinjector or intranasal epinephrine spray under this subchapter: (1) Disciplinary or other adverse action under the professional licensing laws of this State. (2) Criminal liability. (3) Liability for damages for injuries or death. (c) An institution of higher education that possesses and makes available epinephrine autoinjector or intranasal epinephrine spray under this subchapter must do so in good faith and with reasonable care. Unless it is established that the institution of higher education caused injuries or death as a result of unreasonable care, wilfully, wantonly, or by gross negligence, an institution of higher education is not subject to any of the following as a result of possessing or making available an epinephrine autoinjector or intranasal epinephrine spray under this subchapter: (1) Disciplinary or other adverse action under the professional licensing laws of this State. (2) Criminal liability. (3) Liability for damages for injuries or death. (d) An individual who administers or provides an epinephrine autoinjector or intranasal epinephrine spray under this subchapter is exempt from liability under § 6801 of this title.

Del. Code tit. 16, § 3017E Epinephrine autoinjectors and intranasal epinephrine sprays reports.

(a) An institution of higher education that possesses and makes available epinephrine autoinjectors or intranasal epinephrine spray must submit to the Department, on a form developed by the Department, a report of each incident that involves the administration of the institution of higher education’s epinephrine autoinjector or intranasal epinephrine spray. (b) Records relating to epinephrine autoinjector or intranasal epinephrine spray reviews and audits are confidential and privileged, protected, and are not subject to discovery, subpoena, or admission into evidence in any judicial or administrative proceeding. Raw data used in any epinephrine autoinjector or intranasal epinephrine spray review or audit is not a public record under Chapter 100 of Title 29 and is confidential under § 1768(b) of Title 24. (c) [Repealed.]

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title16/c030e/sc01/index.htmlFetched: 10/4/2026