2015 -- S 0084

========

LC000611

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

____________

A N   A C T

RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS

     Introduced By: Senators Felag, Ottiano, Jabour, Doyle, and Lombardo

     Date Introduced: January 22, 2015

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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

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

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

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

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

personnel. The policies, rules, and regulations shall also include the conditions and procedures for

the storage and administration of epinephrine by school personnel to students for the purpose of

emergency first aid to students who experience allergic reactions and who do not have a prior

written authorization for the administration of epinephrine. School bus drivers and monitors shall

receive training in the administration of epinephrine. To treat a case of anaphylaxis, trained

school bus drivers and/or monitors shall administer the epinephrine auto-injector to an identified

student.

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

carry and use prescription inhalers, and auto-injectable epinephrine, while in school, at a school

sanctioned function or event, or in transit to and from school or school sanctioned function or

event by the school bus service provider; when prescribed by a licensed individual with

prescriptive privileges. The school department may maintain epinephrine in cartridge injections

for the purpose of emergency first aid to students who experience allergic reactions and do not

have a prior written authorization of a parent or guardian. Children who need to carry prescription

inhalers and/or auto-injectable epinephrine shall provide the school and the school bus service

provider with medical documentation that the inhaler and/or auto-injectable epinephrine has been

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

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

advance.

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

school bus service provider of their child's allergy and the need to administer epinephrine in an

allergic emergency.

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

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

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

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

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

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

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

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

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

employed or otherwise engaged by such school bus service entities.

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

use epinephrine when there are symptoms of anaphylaxis.

      (f) The student's parent or guardian is responsible for supplying and replacing when

necessary all prescription medication that is authorized pursuant to this section.

     SECTION 2. This act shall take effect on July 1, 2015.

========

LC000611

========

LC000611 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS

***

     This act would allow the storage of epinephrine injections by school departments for the

purposes of administration on an emergency basis to students who do not have prior written

authorization of a parent.

     This act would take effect on July 1, 2015.

========

LC000611

========

LC000611 - Page 3 of 3