2012 -- S 2173

=======

LC00564

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS

     Introduced By: Senators Felag, Walaska, and DiPalma

     Date Introduced: January 18, 2012

     Referred To: Senate Health & Human Services

It is enacted by the General Assembly as follows:

1-1

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

1-2

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

1-3

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

1-4

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

1-5

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

1-6

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

1-7

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

1-8

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

1-9

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

1-10

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

1-11

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

1-12

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

1-13

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

1-14

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

1-15

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

1-16

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

1-17

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

1-18

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

1-19

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

1-20

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

2-1

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

2-2

documentation in advance.

2-3

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

2-4

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

2-5

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

2-6

doctor’s letter or prescription.

2-7

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

2-8

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

2-9

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

2-10

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

2-11

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

2-12

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

2-13

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

2-14

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

2-15

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

2-16

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

2-17

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

2-18

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

2-19

school bus service entities, to administer epinephrine.

2-20

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

2-21

use epinephrine when there are symptoms of anaphylaxis.

2-22

     SECTION 2. This act shall take effect upon passage.

=======

LC00564

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS

***

3-1

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

3-2

circumstances.

3-3

     This act would take effect upon passage.

=======

LC00564

=======