Delaware colleges may stock and use epinephrine nasal sprays

Colleges may stock prescribed epinephrine nasal sprays and allow trained staff to provide or administer them. These rules cover public and private degree-granting colleges physically located in Delaware, with use on campus or in connection with the college. Recipients need no personal prescription or previous allergy diagnosis. Stocking is optional and requires a prescription in the college’s name. Staff must honestly believe the person is having anaphylaxis, a severe allergic reaction, before administering the medicine. For immediate self-use, that belief may come from staff or the recipient. Supplies must be accessible in emergencies, stored according to instructions and state requirements, and overseen by trained staff. Staff must complete approved training before providing or administering the medicine. Anyone using it must notify emergency medical services as soon as possible and report to the appropriate doctor or medical authority, if known. Training authorizes use of the college’s prescribed epinephrine for two years from the completion date on the training certificate.

The law provides legal protections for prescribing, dispensing, stocking, and administering campus epinephrine nasal sprays. The protections cover licensed prescribers, pharmacists, colleges, and people who provide or administer the medicine under these rules. Prescribers, pharmacists, and colleges must act in good faith and with reasonable care. Their protections do not apply when unreasonable care, deliberate or reckless conduct, or very serious carelessness causes injury or death. People who provide or administer the medicine receive the liability exemption referenced in section 6801.

Colleges must report each administration of their emergency epinephrine to state public health officials. These rules cover colleges that possess and make available emergency epinephrine injectors or nasal sprays. This section does not require the Department of Public Health to send lawmakers an annual summary. Colleges must use the state’s reporting form. Review and audit records are confidential and protected from subpoenas and use as evidence in court or administrative proceedings. Raw review and audit data are not public records.