Nevada 2017 Regular Session Status: In Committee 1 D cosponsors

AB 156 — Authorizes public and private schools to obtain and use an albuterol inhaler in certain circumstances. (BDR 40-581)

Last action — (No further action taken.)

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

470 added · 461 removed

470 line(s) added, 461 removed.

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A.B.
(Reprinted with amendments adopted on April 20, 2017) FIRST REPRINT A.B.
156 A SSEMBLY B ILLN O.
156 ASSEMBLY BILL N O.
156–A SSEMBLYMAN Y EAGER PREFILED FEBRUARY 13, 2017 ____________ Referred to Committee on Health and Human Services SUMMARY—Authorizes public and private schools to obtain and use an albuterol inhaler in certain circumstances.
156–ASSEMBLYMEN Y EAGER AND O SCARSON P REFILED FEBRUARY 13, 2017 ____________ Referred to Committee on Health and Human Services SUMMARY—Authorizes public and private schools to obtain and use an albuterol inhaler in certain circumstances.
CONTAINS UNFUNDED MANDATE (§ 3) (NOTREQUESTED BA FFECTELOCAL GOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new;
(OTCREQUESTEBYFAFFECTELOCALEGOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new;
requiring public and private schools, to the extent feasible, to develop a comprehensive action plan relating to symptoms of respiratory distress;
requiring public and private schools, to the extent feasible, to develop a comprehensive action plan relating to symptoms of an asthmatic attack;
Existing law requires each public school, including, without limitation, each charter school, to obtain an order from a provider of health care to acquire and maintain auto-injectable epinephrine at the public school for use in treating anaphylaxis.
Existing law requires each public school, including, without limitation, each charter school, to obtain an order from a provider of health care to acquire and maintain auto-injectable epinephrine at the public school for use in treating and maintain auto-injectable epinephrine under similar circumstances.
(NRS 386.870) Existing law also authorizes private schools to obtain 394.1995) Section 3 of this bill requires each public school, including, without limitation, each charter school, to obtain an order from a provider of health care to maintain one albuterol inhaler and not less than two spacers or holding chambers designed for use with that albuterol inhaler at the school for the treatment of respiratory distress.
(NRS obtain 394.1995) Section 3 of this bill requires each public school, including, without limitation, each charter school, to obtain an order from a provider of health care to maintain one albuterol inhaler and not less than two spacers or holding chambers designed for use with that albuterol inhaler at the school for the treatment of an asthmatic attack.
Existing law authorizes certain providers of health care, including physicians, osteopathic physicians, physician assistants and advanced practice registered - *AB156* – 2 – nurses, to issue an order for auto-injectable epinephrine to be maintained at a public or private school for the treatment of anaphylaxis.
- *AB156_R1* – 2 – Existing law authorizes certain providers of health care, including physicians, osteopathic physicians, physician assistants and advanced practice registered nurses, to issue an order for auto-injectable epinephrine to be maintained at a public or private school for the treatment of anaphylaxis.
(NRS 630.374, 632.239, 633.707) Sections 11, 12 and 14 of this bill similarly authorize physicians, osteopathic physicians, physician assistants and advanced practice registered nurses to issue an order for one albuterol inhaler and not less than two spacers or holding chambers designed for use with that albuterol inhaler to be maintained at a public or Existing law requires each public and private school, if a private school elects to maintain auto-injectable epinephrine at the school, to provide certain training relating to the storage and administration of auto-injectable epinephrine.
(NRS 630.374, 632.239, 633.707) Sections 11, 12 and 14 of this bill similarly authorize physicians, osteopathic physicians, physician assistants and advanced practice registered nurses to issue an order for one albuterol inhaler and not less than two spacers or holding or private school for the treatment of an asthmatic attack.
maintained at a public Existing law requires each public and private school, if a private school elects to maintain auto-injectable epinephrine at the school, to provide certain training relating to the storage and administration of auto-injectable epinephrine.
Sections 5 and 10 of feasible, develop a comprehensive action plan relating to respiratory distress.he extent Section 7 of this bill requires the chief nurse of a school district to provide certain coordination and training relating to albuterol inhalers to schools within the district.
Sections 5 and 10 of this bill additionally require that each public school and private school, to the extent feaSection 7 of this bill requires the chief nurse of a school district to provide certain coordination and training relating to albuterol inhalers to schools within the district.
Sections 11, 12 and 14 also provide immunity from liability to a physician, for certain actions relating to the acquisition, possession, provision andd nurse administration of a dose of albuterol from an albuterol inhaler maintained by a school.
Sections 11, 12 and 14 also provide immunity from liability to a physician, osteopathic physician, physician assistant and advanced practice registered nurse, except in cases of gross negligence, for certain actions relating to the acquisition, inhaler maintained by a school.
Section 15 of this bill provides similar immunity to a pharmacist who dispenses an albuterol inhaler or spacers or holding chambers designed for use with that albuterol inhaler to a school.
Section 15 of this bill also provides immunity to a pharmacist who dispenses an albuterol inhaler or spacers or holding chambers designed for use with that albuterol inhaler to a school.
- *AB156* – 3 – Sec.
- *AB156_R1* – 3 – Sec.
If an albuterol inhaler maintained by the public school is used by a pupil, the school must discard the spacer or holding chamber used to administer the dose of albuterol and obtain an additional spacer or holding chamber to replace the used device.
If an albuterol inhaler maintained by the public school is used by a pupil, the school must obtain an additional spacer or holding chamber to replace the used device and either:
(a) Discard the spacer or holding chamber used to administer the dose of albuterol;
or (b) Label the spacer or holding chamber used to administer the dose of albuterol for the future use of the same pupil who was administered the dose of albuterol.
(a) At a public school other than a charter school, by a school nurse or any other employee of the public school who has been designated by the school nurse and has received training in the proper storage and use of an albuterol inhaler pursuant to NRS 391.291;
(a) At a public school other than a charter school, by a school nurse or any other employee of the public school who has been designated by the principal or other administrator in consultation with the school nurse and has received training in the proper storage and use of an albuterol inhaler pursuant to NRS 391.291;
A school nurse or other designated employee of a public school may use an albuterol inhaler maintained at the school to administer a dose of albuterol to any pupil on the premises of the public school during regular school hours whom the school nurse or other designated employee reasonably believes is exhibiting symptoms of respiratory distress.
A school nurse or other designated employee of a public school may use an albuterol inhaler maintained at the school to administer a dose of albuterol to a pupil who has been diagnosed with asthma by a provider of health care on the premises of the public school during regular school hours whom the school nurse or other designated employee reasonably believes is experiencing an asthmatic attack.
Sec.
- *AB156_R1* – 4 – Sec.
- *AB156* – 4 – 3.
3.
Each public school, including, without limitation, each charter school, shall, to the extent feasible, develop a comprehensive action plan concerning symptoms of respiratory distress, which must include, without limitation, information relating to:
Each public school, including, without limitation, each charter school, shall, to the extent feasible, develop a comprehensive action plan concerning symptoms of an asthmatic attack, which must include, without limitation, information relating to:
The triggers that may cause respiratory distress;
The triggers that may cause an asthmatic attack;
Ways to avoid triggers that may cause respiratory distress;
Ways to avoid triggers that may cause an asthmatic attack;
The signs and symptoms of a person experiencing respiratory distress, including, without limitation, an assessment of whether the administration of a dose of albuterol from an albuterol inhaler is necessary;
The signs and symptoms of a person experiencing an asthmatic attack, including, without limitation, an assessment of whether the administration of a dose of albuterol from an albuterol inhaler is necessary;
3.
- *AB156_R1* – 5 – 3.
- *AB156* – 5 – (a) Holds an endorsement to serve as a school nurse issued pursuant to regulations adopted by the Commission;
(a) Holds an endorsement to serve as a school nurse issued pursuant to regulations adopted by the Commission;
If an albuterol inhaler maintained by the private school is used by a pupil, the school must discard the spacer or holding chamber used to administer the dose of albuterol and obtain an additional spacer or holding chamber to replace the used device.
If an albuterol inhaler maintained by the private school is used by a pupil, the school must obtain an additional spacer or holding chamber to replace the used device and either:
2.
(a) Discard the spacer or holding chamber used to administer the dose of albuterol;
An albuterol inhaler maintained by a private school pursuant to this section may be used by a school nurse or any other employee of the school who has been designated by the governing body of the private school and has received training in the proper storage and use of an albuterol inhaler.
or (b) Label the spacer or holding chamber used to administer the dose of albuterol for the future use of the same pupil who was administered the dose of albuterol.
- *AB156_R1* – 6 – 2.
An albuterol inhaler maintained by a private school pursuant to this section may be used by a school nurse or any other employee of the school who has been designated by the principal or other administrator of the private school, in consultation with a school nurse, if applicable, and has received training in the proper storage and use of an albuterol inhaler.
A school nurse or other designated employee may use an albuterol inhaler maintained at the school to administer a dose of albuterol to any pupil on the premises of the private school during regular school hours whom the school nurse or other trained employee reasonably believes is exhibiting symptoms of respiratory distress.
A school nurse or other designated employee may use an albuterol inhaler maintained at the school to administer a dose of albuterol to a pupil who has been diagnosed with asthma by a provider of health care on the premises of the private school during regular school hours whom the school nurse or other trained employee reasonably believes is experiencing an asthmatic attack.
- *AB156* – 6 – (a) The albuterol inhaler is stored in a designated, secure location that is unlocked and easily accessible.
(a) The albuterol inhaler is stored in a designated, secure location that is unlocked and easily accessible.
The governing body of each private school shall, to the extent feasible, develop a comprehensive action plan concerning symptoms of respiratory distress, which must include, without limitation, information relating to:
The governing body of each private school shall, to the extent feasible, develop a comprehensive action plan concerning symptoms of an asthmatic attack, which must include, without limitation, information relating to:
The triggers that may cause respiratory distress;
The triggers that may cause an asthmatic attack;
Ways to avoid triggers that may cause respiratory distress;
Ways to avoid triggers that may cause an asthmatic attack;
The signs and symptoms of a person experiencing respiratory distress, including, without limitation, an assessment of whether the administration of a dose of albuterol from an albuterol inhaler is necessary;
The signs and symptoms of a person experiencing an asthmatic attack, including, without limitation, an assessment of whether the administration of a dose of albuterol from an albuterol inhaler is necessary;
A physician or physician assistant may issue to a public or private school an order to allow the school to obtain and maintain auto-injectable epinephrine at the school, regardless of whether any person at the school has been diagnosed with a condition which may cause the person to require such medication for the treatment of anaphylaxis.
A physician or physician assistant may issue to a public or private school an order to allow the school to obtain and - *AB156_R1* – 7 – maintain auto-injectable epinephrine at the school, regardless of whether any person at the school has been diagnosed with a condition which may cause the person to require such medication for the treatment of anaphylaxis.
A physician or physician assistant may issue to a public or private school an order to allow the school to obtain and maintain one albuterol inhaler and not less than two spacers or holding - *AB156* – 7 – chambers designed for use with that albuterol inhaler at the school, regardless of whether any person at the school has been diagnosed with a condition which may cause the person to require such medication for the treatment of respiratory distress.
A physician or physician assistant may issue to a public or private school an order to allow the school to obtain and maintain one albuterol inhaler and not less than two spacers or holding chambers designed for use with that albuterol inhaler at the school, regardless of whether any person at the school has been diagnosed with a condition which may cause the person to require such medication for the treatment of an asthmatic attack.
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A physician or physician assistant is not liable for any error or omission not resulting from gross negligence or reckless, willful or wanton conduct of the physician or physician assistant concerning the acquisition, possession, provision or administration of [auto-injectable] :
A physician or physician assistant is not liable for any error or omission concerning the acquisition, possession, provision or administration of auto-injectable epinephrine maintained by a public or private school or authorized entity pursuant to an order issued by the physician or physician assistant pursuant to subsection 1 or 2 not resulting from gross negligence or reckless, willful or wanton conduct of the physician or physician assistant.
(a) Auto-injectable epinephrine maintained by a public or private school or authorized entity pursuant to an order issued by the physician or physician assistant pursuant to subsection 1 or 2 [not resulting from gross negligence or reckless, willful or wanton conduct of the physician or physician assistant.
[6.] 7.
6.] ;
A physician or physician assistant is not liable for any error or omission concerning the acquisition, possession, provision or administration of a dose of albuterol from an - *AB156_R1* – 8 – albuterol inhaler, spacer or holding chamber maintained by a public or private school pursuant to an order issued by the physician or physician assistant pursuant to subsection 3 not resulting from the gross negligence of the physician or physician assistant.
or (b) A dose of albuterol from an albuterol inhaler, spacer or holding chamber maintained by a public or private school pursuant to an order issued by the physician or physician assistant pursuant to subsection 3.
8.
7.
An advanced practice registered nurse may issue to a public or private school an order to allow the school to obtain - *AB156* – 8 – and maintain auto-injectable epinephrine at the school, regardless of whether any person at the school has been diagnosed with a condition which may cause the person to require such medication for the treatment of anaphylaxis.
An advanced practice registered nurse may issue to a public or private school an order to allow the school to obtain and maintain auto-injectable epinephrine at the school, regardless of whether any person at the school has been diagnosed with a condition which may cause the person to require such medication for the treatment of anaphylaxis.
An advanced practice registered nurse may issue to a public or private school an order to allow the school to obtain and maintain one albuterol inhaler and not less than two spacers or holding chambers designed for use with that albuterol inhaler at the school, regardless of whether any person at the school has been diagnosed with a condition which may cause the person to require such medication for the treatment of respiratory distress.
An advanced practice registered nurse may issue to a public or private school an order to allow the school to obtain and maintain one albuterol inhaler and not less than two spacers or holding chambers designed for use with that albuterol inhaler at the school, regardless of whether any person at the school has been diagnosed with a condition which may cause the person to require such medication for the treatment of an asthmatic attack.
[4.] 5.
- *AB156_R1* – 9 – [4.] 5.
An advanced practice registered nurse is not liable for any error or omission not resulting from gross negligence or reckless, willful or wanton conduct of the advanced practice registered nurse concerning the acquisition, possession, provision or administration of [auto-injectable] :
An advanced practice registered nurse is not liable for any error or omission concerning the acquisition, possession, provision or administration of auto-injectable epinephrine maintained by a public or private school or authorized entity pursuant to an order issued by the advanced practice registered nurse pursuant to subsection 1 or 2 not resulting from gross negligence or reckless, willful or wanton conduct of the advanced practice registered nurse.
(a) Auto-injectable epinephrine maintained by a public or private school or authorized entity pursuant to an order issued by the advanced practice registered nurse pursuant to subsection 1 or 2 [not resulting from gross negligence or reckless, willful or wanton conduct of the advanced practice registered nurse - *AB156* – 9 – 6.] ;
[6.] 7.
or (b) A dose of albuterol from an albuterol inhaler, spacer or holding chamber maintained by a public or private school pursuant to an order issued by the advanced practice registered nurse pursuant to subsection 3.
An advanced practice registered nurse is not liable for any error or omission concerning the acquisition, possession, provision or administration of a dose of albuterol from an albuterol inhaler, spacer or holding chamber maintained by a public or private school or authorized entity pursuant to an order issued by the advanced practice registered nurse pursuant to subsection 3 not resulting from the gross negligence of the advanced practice registered nurse.
7.
8.
(d) Is unfit or incompetent by reason of gross negligence or recklessness in carrying out usual nursing functions.
- *AB156_R1* – 10 – (d) Is unfit or incompetent by reason of gross negligence or recklessness in carrying out usual nursing functions.
- *AB156* – 10 – (3) Impersonating another licensed practitioner or holder of a certificate.
(3) Impersonating another licensed practitioner or holder of a certificate.
(2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;
- *AB156_R1* – 11 – (2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;
- *AB156* – 11 – (p) Has operated a medical facility at any time during which:
(p) Has operated a medical facility at any time during which:
An osteopathic physician or physician assistant may issue to a public or private school an order to allow the school to obtain and maintain auto-injectable epinephrine at the school, regardless of whether any person at the school has been diagnosed with a condition which may cause the person to require such medication for the treatment of anaphylaxis.
An osteopathic physician or physician assistant may issue to a public or private school an order to allow the school to obtain and maintain auto-injectable epinephrine at the school, - *AB156_R1* – 12 – regardless of whether any person at the school has been diagnosed with a condition which may cause the person to require such medication for the treatment of anaphylaxis.
An osteopathic physician or physician assistant may issue to a public or private school an order to allow the school to obtain and maintain one albuterol inhaler and not less than two spacers or holding chambers designed for use with that albuterol inhaler at the school, regardless of whether any person at the school has - *AB156* – 12 – been diagnosed with a condition which may cause the person to require such medication for the treatment of respiratory distress.
An osteopathic physician or physician assistant may issue to a public or private school an order to allow the school to obtain and maintain one albuterol inhaler and not less than two spacers or holding chambers designed for use with that albuterol inhaler at the school, regardless of whether any person at the school has been diagnosed with a condition which may cause the person to require such medication for the treatment of an asthmatic attack.
An osteopathic physician or physician assistant is not liable for any error or omission not resulting from gross negligence or reckless, willful or wanton conduct of the osteopathic physician or physician assistant concerning the acquisition, possession, provision or administration of [auto-injectable] :
An osteopathic physician or physician assistant is not liable for any error or omission concerning the acquisition, possession, provision or administration of auto-injectable epinephrine maintained by a public or private school or authorized entity pursuant to an order issued by the osteopathic physician or physician assistant pursuant to subsection 1 or 2 not resulting from gross negligence or reckless, willful or wanton conduct of the osteopathic physician or physician assistant.
(a) Auto-injectable epinephrine maintained by a public or private school or authorized entity pursuant to an order issued by the osteopathic physician or physician assistant pursuant to subsection 1 or 2 [not resulting from gross negligence or reckless, willful or wanton conduct of the osteopathic physician or physician assistant.
[6.] 7.
6.] ;
An osteopathic physician or physician assistant is not liable for any error or omission concerning the acquisition, possession, provision or administration of a dose of albuterol from - *AB156_R1* – 13 – an albuterol inhaler, spacer or holding chamber maintained by a public or private school or authorized entity pursuant to an order issued by the osteopathic physician or physician assistant pursuant to subsection 3 not resulting from the gross negligence of the osteopathic physician or physician assistant.
or (b) A dose of albuterol from an albuterol inhaler, spacer or holding chamber maintained by a public or private school pursuant to an order issued by the osteopathic physician or physician assistant pursuant to subsection 3.
8.
7.
Upon the request of a patient, or a public or private school or an authorized entity for which an order was issued pursuant to NRS 630.374, 632.239 or 633.707, a registered - *AB156* – 13 – pharmacist shall transfer a prescription or order to another registered pharmacist.
Upon the request of a patient, or a public or private school or an authorized entity for which an order was issued pursuant to NRS 630.374, 632.239 or 633.707, a registered pharmacist shall transfer a prescription or order to another registered pharmacist.
or (c) A contract for payment by a third party if the patient is a par4.
or (c) A contract for payment by a third party if the patient is a party to that contract.
tA pharmacist is not liable for any error or omission concerning the acquisition, possession, provision or administration of auto-injectable epinephrine , a dose of albuterol from an albuterol inhaler or a spacer or holding chamber that the pharmacist has dispensed to a public or private school or authorized entity pursuant to an order issued pursuant to NRS 630.374, 632.239 or 633.707 not resulting from gross negligence or reckless, willful or wanton conduct of the pharmacist.
4.
A pharmacist is not liable for any error or omission concerning the acquisition, possession, provision or administration of auto-injectable epinephrine , a dose of albuterol from an albuterol inhaler or a spacer or holding chamber that the pharmacist has dispensed to a public or private school or authorized entity pursuant to an order issued pursuant to NRS 630.374, 632.239 or 633.707 not resulting from gross negligence or reckless, willful or wanton conduct of the pharmacist.
H - *AB156*
H - *AB156_R1*
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Action History

  1. (No further action taken.)

  2. From printer. To engrossment. Engrossed. First reprint . To committee.

  3. Read second time. Amended. (Amend. No. 220.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

  4. Notice of eligibility for exemption.

  5. From committee: Amend, and do pass as amended.

  6. From printer. To committee.

  7. Read first time. Referred to Committee on Health and Human Services. To printer.

  8. Prefiled pursuant to JSR 14.2.1(d).

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 65 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (65)

65 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

Who sponsors AB 156?
AB 156 is sponsored by Yeager, Steve (Democratic) and James Oscarson.
What is the current status of AB 156?
This bill died with 2017 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 156?
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