North Carolina HB 397: Use of Epinephrine Nasal Spray.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 397
Committee Substitute Favorable 4/1/25

Short Title: Use of Epinephrine Nasal Spray. (Public)
Sponsors:
Referred to:
March 17, 2025
*H397-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO ALLOW THE USE OF EPINEPHRINE NASAL SPRAY IN ADDITION TO 2
AUTO-INJECTORS. 3
The General Assembly of North Carolina enacts: 4
SECTION 1.(a) G.S. 115C-375.2(a) reads as rewritten: 5
"(a) Local boards of education shall adopt a policy authorizing a student with asthma or a 6
student subject to anaphylactic reactions, or both, to possess and self-administer asthma 7
medication on school property during the school day, at school-sponsored activities, or while in 8
transit to or from school or school-sponsored events. As used in this section, "asthma medication" 9
means a medicine prescribed for the treatment of asthma or anaphylactic reactions and includes 10
a prescribed asthma inhaler or epinephrine auto-injector. delivery system. The policy shall 11
include a requirement that the student's parent or guardian provide to the school: 12
...." 13
SECTION 1.(b) G.S. 115C-375.2A reads as rewritten: 14
"§ 115C-375.2A. School supply of epinephrine auto-injectors.delivery systems. 15
(a) A local board of education shall provide for a supply of emergency epinephrine 16
auto-injectors delivery systems on school property for use by trained school personnel to provide 17
emergency medical aid to persons suffering from an anaphylactic reaction during the school day 18
and at school-sponsored events on school property. Each school shall store in a secure but 19
unlocked and easily accessible location a minimum of two epinephrine auto-injectors. delivery 20
systems. For purposes of this section, "school property" does not include transportation to or 21
from school. 22
(b) For the purposes of this section and G.S. 115C-375.2, "epinephrine auto-injector" 23
delivery system" means a disposable drug delivery system with a spring-activated, concealed 24
needle that is designed for emergency administration of epinephrine to provide rapid, convenient 25
first aid for persons suffering a potentially fatal reaction to anaphylaxis.anaphylaxis, including 26
nasal sprays and injectors with a spring-activated, concealed needle. 27
(c) The principal shall designate one or more school personnel, as part of the medical 28
care program under G.S. 115C-375.1, to receive initial training and annual retraining from a 29
school nurse or qualified representative of the local health department regarding the storage and 30
emergency use of an epinephrine auto-injector. delivery systems. Notwithstanding any other 31
provision of law to the contrary, the school nurse or other designated school personnel who has 32
received training under this subsection shall obtain a non-patient specific prescription for an 33
epinephrine auto-injectors delivery system from a physician, physician assistant, or nurse 34
practitioner of the local health department serving the area in which the local school 35
administrative unit is located. 36

General Assembly Of North Carolina Session 2025
Page 2 House Bill 397-Second Edition
(d) The principal shall collaborate with appropriate school personnel to develop an 1
emergency action plan for the use of epinephrine auto-injectors delivery systems in an 2
emergency. The plan shall include at least the following components: 3
(1) Standards and procedures for the storage and emergency use of epinephrine 4
auto-injectors delivery systems by trained school personnel. 5
(2) Training of school personnel in recognizing symptoms of anaphylaxis. 6
(3) Emergency follow-up procedures, including calling emergency services and 7
contacting a student's parent and parent, guardian, and physician. 8
(4) Instruction and certification in cardiopulmonary resuscitation. 9
(e) A supply of emergency epinephrine auto-injectors delivery systems provided in 10
accordance with this section shall not be used as the sole medication supply for students known 11
to have a medical condition requiring the availability or use of an epinephrine auto-injector. 12
delivery system. Those students may be authorized to possess and self-administer their 13
medication on school property under G.S. 115C-375.2. 14
...." 15
SECTION 1.(c) G.S. 115C-218.75(a) reads as rewritten: 16
"§ 115C-218.75. General operating requirements. 17
(a) Health and Safety Standards. – A charter school shall meet the same health and safety 18
requirements required of a local school administrative unit. unit, including the following: 19
(1) The Department of Public Instruction shall ensure that charter schools provide 20
parents and guardians with information about meningococcal meningitis and 21
influenza and their vaccines at the beginning of every school year. This 22
information shall include the causes, symptoms, and how meningococcal 23
meningitis and influenza are spread and the places where parents and 24
guardians may obtain additional infor