HB 760

ENTITIES This bill authorizes a healthcare practitioner who has prescriptive authority to prescribe a bronchodilator rescue inhaler to be maintained fo r use in the name of an authorized entity in accordance with this bill, under a standing protocol from the healthcare practitioner. A pharmacist may dispense a bronchodilator rescue inhaler pursuant to such a prescription issued in the name of an authori z ed entity. As used in this bill, an "authorized entity"" means an entity that may, at any time, have allergens present that are capable of causing a severe allergic reaction, such as child care agencies licensed by the department of human services, reside ntial child care licensed by the department of children's services, restaurants, recreation camps, youth sports leagues, theme parks and resorts, and sports arenas. This bill requires an authorized entity that is so prescribed and dispensed a bronchodila tor rescue inhaler to designate an employee of the entity to maintain the inhaler in an unlocked, secure location so that the inhaler may be administered to a person believed to be experiencing asthma symptoms or respiratory distress in an emergency situa t ion, under a standing protocol from the healthcare practitioner. This bill authorizes a designated employee of an authorized entity that is so prescribed an inhaler to administer the inhaler in such situations. If a person is injured or harmed due to th e administration of a bronchodilator rescue inhaler to the person by a designated employee acting in accordance with this bill, (i) then neither the designated employee nor the authorized entity are liable for the injury or harm unless the designated empl o yee administered the inhaler with an intentional disregard for the person's safety; and (ii) the prescribing healthcare practitioner is not liable for the injury unless the prescribing healthcare practitioner issued the prescription or standing protocol w i th intentional disregard for safety. SCHOOLS This bill encourages each school in an LEA and public charter school to keep a bronchodilator rescue inhaler in a minimum of two locations in the school, such as the school office, school nurse's office, or a thletic office, so that an inhaler may be administered to a student believed to be having asthma symptoms or in respiratory distress in an emergency situation, under a standing protocol from a prescribing healthcare practitioner who has prescriptive autho r ity. An LEA or public charter school electing to maintain inhalers must maintain them in a secure, unlocked, and accessible location. This bill authorizes a school nurse or other trained school personnel to utilize the supply of an inhaler so maintained, under a standing protocol from the prescribing healthcare prescriber. A school nurse, or other trained school personnel authorized to administer an inhaler pursuant to this bill is not liable for any civil damages for ordinary negligence in acts or omi s sions resulting from the administration of the inhaler to a student believed in good faith to be having life-threatening asthma symptoms or respiratory distress. RULEMAKING This bill requires the state board of education, in consultation with the depart ment of health, to promulgate rules to develop clinical protocols for administering a bronchodilator rescue inhaler. ON MARCH 31, 2025, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 760, AS AMENDED. AMENDMENT #1 makes the following revisions:  Revises the definition of ""healthcare practitioner"" to be physicians or other healthcare providers who are licensed in this state and have prescriptive authority.  Adds a definition for ""standing protocol"" to mean an established written policy and procedure developed and approved by the prescribing healthcare practitioner related to the use of a bronchodilator rescue inhaler that the authorized entity must follow when in the process of administering a bronchodilator rescue inhaler.  Adds that the dispensing pharmacist is not liable for the injury unless the dispensing pharmacist dispensed the prescription with intentional disregard for safety.  Authorizes the board of pharmacy to promulgate rules, which must be promulgated in accordance with the ""Uniform Administrative Procedures Act.""  Changes the effective date such that, for purposes of promulgating rules, the bill becomes effective upon becoming a law, and for all other purposes, the bill takes effect July 1, 2026. ON APRIL 9, 2025, THE SENATE SUBSTITUT ED HOUSE BILL 760 FOR SENATE BILL 817, ADOPTED AMENDMENTS #1 AND #2, AND PASSED HOUSE BILL 760, AS AMENDED. AMENDMENT #1 clarifies that i f a person is injured or harmed due to the administration of a bronchodilator rescue inhaler to the person by a designated employee acting in accordance with the bill, then n either the designated employee nor the authorized entity are liable for the injury or harm unless the designated employee administered the bronchodilator rescue inhaler with an intentional disregard for the person's safety . AMENDMENT #2 adds that a n LEA or public school, including a public charter school, that contracts for or employs a school nurse or other trained school personnel who administers a bronchodilator rescue inhaler pursuant to this bi ll is not liable for any civil damages for ordinary negligence in acts or omissions resulting from the administration of a bronchodilator rescue inhaler to a student believed in good faith to be having life-threatening asthma symptoms or respiratory distre ss."