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Epinephrine Preparation Holding in Educational Institutions and Public Places Law, 5778-2018

חוק החזקת תכשיר אפינפרין במוסדות חינוך ובמקומות ציבוריים, תשע"ח-2018

Published: 2018-07-25Consolidated Hebrew text as of 2023-09-18 · Last amended 2023-02-09✓ Amendment status checked against the Knesset legislation record on 2026-09-29
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

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Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

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Definitions§

1.

In this Law –

"Compulsory Education Law" – Compulsory Education Law, 5709-1949;

"educational institution" – an educational institution as defined in the Compulsory Education Law, including each of the following:

(1)a vocational school as defined in the Apprenticeship Law, 5713-1953;
(2)a day care centre as defined in the Supervision of Day Care Centres Law, 5725-1965, intended for the daily stay of at least ten toddlers who have not yet reached the age of three years, or for the stay of children who have reached the age of three years and who have been removed from their home and transferred to it pursuant to a decision of a parent, guardian or a person authorised to do so under any law;
(3)a rehabilitative day care centre as defined in the Rehabilitative Day Care Centres Law, 5760-2000;
(4)an after-school centre as defined in the After-School Centres Supervision Law, 5777-2017;
(5)a residential home and a secure residential home as defined in the Youth (Adjudication, Punishment and Treatment Methods) Law, 5731-1971;

"official educational institution" and "local education authority" – as defined in the Compulsory Education Law;

"holder" – a person who holds, operates or is the owner of an educational institution, and in respect of the educational institutions listed below, each of the following, as the case may be:

(1)an official educational institution – the local education authority;
(2)an educational institution that is not an official educational institution – the holder of the licence for its opening and operation under the Schools Supervision Law, 5729-1969, or under the Unique Cultural Educational Institutions Law, 5768-2008;
(3)a rehabilitative day care centre – the holder of the licence for its opening and management under the Rehabilitative Day Care Centres Law, 5760-2000;
(4)an after-school centre – an after-school centre operator as defined in the After-School Centres Supervision Law, 5777-2017;

"Pharmacists Ordinance" – the Pharmacists Ordinance [New Version], 5741-1981;

"pharmacist", "responsible pharmacist", "drug store" and "pharmacy" – as defined in the Pharmacists Ordinance;

"epinephrine preparation" – an auto-injector containing the active substance epinephrine (Epinephrine) intended for emergency treatment during an allergic reaction, which is a preparation registered in the preparations register under section 47a of the Pharmacists Ordinance or in respect of which a permit has been granted under subsection (c) of that section;

"the Minister" – the Minister of Health.

Holding of an Epinephrine Preparation in an Educational Institution§

2.
(a)A holder shall keep in the educational institution, in a central and accessible location, at least one epinephrine preparation, at a dosage as the Minister shall prescribe, shall ensure its proper functioning and its immediate replacement if required, and shall post a sign directing to the preparation, all in accordance with the provisions that the Minister shall prescribe as stated in subsection (c).
(b)Notwithstanding the provisions of subsection (a), an after-school centre operator operating on the premises of an educational institution as defined in the Compulsory Education Law shall be exempt from holding an epinephrine preparation if the operator has verified with the holder of the institution that an epinephrine preparation is held in the institution in accordance with the provisions of this Law and is also available to the after-school centre.
(c)The Minister, in consultation with the Minister of Education and with the Minister of Labour, Welfare and Social Services, shall prescribe Regulations on the following matters:
(1)the dosage of the epinephrine preparation to be held in educational institutions, and the Minister may prescribe different dosages for different types of educational institutions;
(2)the location of the epinephrine preparation;
(3)signage in the educational institution directing to the epinephrine preparation;
(4)the conditions for holding the epinephrine preparation and for checking its proper functioning by the holder;
(5)the order of actions to be taken upon suspicion of a life-threatening allergic reaction in an educational institution.
(d)At least once every three months, a holder shall check that the expiry date marked on the packaging of the epinephrine preparation held in the educational institution has not yet passed and that its packaging is sealed.

Purchase of an Epinephrine Preparation for the Purpose of Holding it in an Educational Institution§

3.

Notwithstanding the provisions of the Pharmacists Ordinance, a holder may purchase an epinephrine preparation both from a pharmacy and from a drug store without a prescription, for the sole purpose of holding it in the educational institution, and shall not transfer it to another person.

Marketing of Epinephrine Preparations to a Holder of an Educational Institution§

4.
(a)Notwithstanding the provisions of the Pharmacists Ordinance, a pharmacist in a pharmacy and a responsible pharmacist in a drug store may market epinephrine preparations to a holder without a prescription, provided that the holder has signed, before one of them, a declaration in the form set out in the Schedule.
(b)A responsible pharmacist in a pharmacy or in a drug store shall keep a signed declaration as stated in subsection (a) in the pharmacy or in the drug store, as the case may be.

Documentation and Retention of Documents§

5.
(a)A holder shall document the instances in which an epinephrine preparation was used in the educational institution, including the date of use of the preparation, the identity of the person treated with the preparation, the identity of the person who administered the treatment, and the subsequent medical treatment received by the patient, if any.
(b)A holder shall retain the purchase documents for the epinephrine preparations purchased under the provisions of this Law for three years from the date of purchase.

Authority to Purchase an Epinephrine Preparation for the Purpose of Holding it in a Public Place that is not an Educational Institution§

6.

The holder of a public place that is not an educational institution, where, by reason of its characteristics, there is a concern that persons present therein will be exposed to substances that may cause a life-threatening allergic reaction, may purchase an epinephrine preparation for the purpose of holding it in the public place in their possession, having regard, inter alia, to the number of persons ordinarily present in the public place; the provisions under this Law shall apply, with the necessary modifications, to a public place that purchases and holds an epinephrine preparation.

Application to the State§

7.

The provisions of this Law shall also apply to the State; however, the provisions under section 6 shall apply to the security forces with the necessary modifications and with such modifications as shall be prescribed as detailed below:

(1)the Israel Defence Forces – by military orders, as defined in the Military Justice Law, 5715-1955;
(2)the Israel Police – by procedures to be directed by a chief medical officer;
(3)the Israel Prison Service – by procedures to be directed by a chief medical officer;
(4)the National Fire and Rescue Authority – by procedures to be directed by the Fire and Rescue Commissioner or a person on their behalf;
(5)the Witness Protection Authority – by procedures to be directed by the Director of the Authority or a person on their behalf;
(6)units and subsidiary units of the Prime Minister's Office or the Ministry of Defence whose main activity is in the field of state security – by procedures to be directed by the head of the unit or a person on their behalf;
(7)enterprises included in an Order issued by the Minister of Defence under item 3 of the First Schedule of the Security Arrangements in Public Bodies Law, 5758-1998 – by internal directives.

Implementation and Regulations§

8.

The Minister is responsible for the implementation of this Law, and may, in consultation with the Minister of Education and the Minister of Labour, Welfare and Social Services, and with the approval of the Health Committee of the Knesset, make Regulations on any matter relating to its implementation.

Amendment of the Supervision of Day Care Centres Law – No. 6§

9.

In the Supervision of Day Care Centres Law, 5725-1965, in section 2(b), the following shall be added at the end: "and in respect of a day care centre intended for the daily stay of at least ten toddlers who have not yet reached the age of three years, or for the stay of children who have reached the age of three years and who have been removed from their home and transferred to it pursuant to a decision of a parent, guardian or a person authorised to do so under any law – the day care centre also complies with the provisions of the Epinephrine Preparation Holding in Educational Institutions and Public Places Law, 5778-2018".

Amendment of the Schools Supervision Law – No. 10§

10.

In the Schools Supervision Law, 5729-1969, in section 6(a), the following shall be added at the end: "and in terms of the requirements of the Epinephrine Preparation Holding in Educational Institutions and Public Places Law, 5778-2018".

Amendment of the Rehabilitative Day Care Centres Law – No. 5§

11.

In the Rehabilitative Day Care Centres Law, 5760-2000, in section 7(b), the following shall be added at the end: "and under the Epinephrine Preparation Holding in Educational Institutions and Public Places Law, 5778-2018".

Commencement and Initial Regulations§

12.
(a)This Law shall commence six months from the date of its publication.
(b)The initial Regulations under section 2(c) shall be brought for approval by the Labour, Welfare and Health Committee of the Knesset within three months from the date of publication of this Law.

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Schedule (Section 4)

To: Drug Store / Pharmacy

I hereby declare that I am the holder of an educational institution / public place where, by reason of its characteristics, there is a concern that persons present therein will be exposed to substances that may cause a life-threatening allergic reaction.

I am purchasing an epinephrine preparation for the purpose of placing it in the educational institution / public place as aforesaid, in the quantities and dosages detailed below:

Quantity and dosage:

Quantity and dosage:

I am aware that holding the preparation in the place in my possession must be done in accordance with the provisions of the Law, and that I must read the patient leaflet of the preparation.

Name of the holder of the educational institution / public place and identification number

Name of the educational institution / public place

Address of the educational institution / public place

Telephone

Signature

Date

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חוק החזקת תכשיר אפינפרין במוסדות חינוך ובמקומות ציבוריים, תשע"ח-2018

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5778-2018