2012 -- H 7447

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LC01328

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS

     

     

     Introduced By: Representatives Malik, Morrison, Schadone, Baldelli-Hunt, and Gallison

     Date Introduced: February 09, 2012

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-21-22 of the General Laws in Chapter 16-21 entitled "Health

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and Safety of Pupils" is hereby amended to read as follows:

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     16-21-22. Allergic emergencies -- Anaphylaxis -- Use of epinephrine -- Immunity for

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those administering. -- (a) The department of elementary and secondary education and the

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department of health shall incorporate into their policies, rules, and regulations pertaining to

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school health programs a procedure for addressing incidents of anaphylaxis (exaggerated allergic

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reaction) in order to provide for the health and safety of children who have been medically

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identified as being prone to anaphylaxis or who show evidence of anaphylaxis. The policies,

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rules, and regulations shall include a procedure whereby a parent or legal guardian of any child

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may expressly authorize the school department and school bus drivers and monitors to administer

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the epinephrine on his or her child in case of an emergency and ensures that the epinephrine is

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kept in a conspicuous place, readily available and that their proper use is made known to school

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personnel. School bus drivers and monitors shall receive training in the administration of

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epinephrine. To prevent or treat a case of anaphylaxis, trained school bus drivers and/or monitors

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shall administer the epinephrine auto-injector to an identified student.

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      (b) The policies, rules and regulations shall also include a procedure to allow children to

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carry and use prescription inhalers while in school or at a school sanctioned function or event,

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when prescribed by a licensed individual with prescriptive privileges. Children who need to carry

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prescription inhalers shall provide the school with medical documentation that the inhaler has

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been legitimately prescribed and that the child needs to carry it on his or her person due to a

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medical condition but no child shall be disciplined solely for failure to provide this

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documentation in advance.

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      (c) Parents shall provide a doctor's letter or prescription notifying the school of their

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child's allergy and the need to administer epinephrine in an allergic emergency. The school shall

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promptly notify the school bus service provider of the child’s allergy and provide a copy of the

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doctor’s letter or prescription.

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      (d) No school teacher, school administrator, or school health care personnel, school bus

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driver, school bus monitor or any other school personnel shall be liable for civil damages which

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may result from acts or omissions in use of the epinephrine which may constitute ordinary

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negligence; nor shall the school personnel mentioned in this subsection be liable for civil

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damages which may result from acts or omissions in the use of prescription inhalers by children

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which may constitute ordinary negligence. This immunity does not apply to acts or omissions

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constituting gross negligence or willful or wanton conduct. For the purposes of determining

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immunity from liability under subsection (d) only, the term "other school personnel" shall include

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any private entity providing school bus services and individual school bus drivers and monitors

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employed or otherwise engaged by such school bus service entities. The provisions of this section

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shall not be construed to impose any obligation upon any private entity providing school bus

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services, or individual school bus drivers or monitors employed or otherwise engaged by such

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school bus service entities, to administer epinephrine.

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      (e) School physicians may execute standing orders and prescriptions for school nurses to

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use epinephrine when there are symptoms of anaphylaxis.

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     SECTION 2. This act shall take effect upon passage.

     

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LC01328

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS

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     This act would allow bus drivers and monitors to administer epinephrine under certain

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circumstances.

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     This act would take effect upon passage.

     

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LC01328

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H7447