2016 -- H 8328

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LC006179

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS

     Introduced By: Representatives McKiernan, Almeida, Williams, Carnevale, and

     Date Introduced: June 10, 2016

     Referred To: House Health, Education & Welfare

     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. 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. 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. The school department may permit

each school within their jurisdiction to maintain epinephrine in cartridge injections for the

purpose of emergency first aid to students who experience allergic reactions. The department's

policies, rules, and regulations shall also include the conditions and procedures for the storage

and administration of epinephrine for the purpose of emergency first aid to students who

experience allergic reactions.

      (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, 2016.

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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 provide that a school department could permit each school within their

jurisdiction to maintain epinephrine in cartridge injections for the purpose of administration on an

emergency basis to students in accordance with the school department's conditions and

procedures.

     This act would take effect on July 1, 2016.

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