2018 -- H 8011

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LC005303

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO EDUCATION - HEALTH CARE SAFETY OF PUPILS

     Introduced By: Representatives Slater, Diaz, Marshall, Bennett, and Edwards

     Date Introduced: March 29, 2018

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is

hereby amended by adding thereto the following section:

     16-21-37. Student possession and administration of medical marijuana.

     (a) A primary caregiver or school nurse-teacher or the school nurse's designee, who may

or may not be an employee of the school, may possess, and administer to a student who holds a

valid authorization for the use and possession of medical marijuana, medical marijuana in a

nonsmokeable form upon the grounds of the preschool or primary or secondary school in which

the student is enrolled, or upon a school bus or at a school-sponsored event. The primary

caregiver or school nurse-teacher or the school nurse's designee shall not administer the

nonsmokeable medical marijuana in a manner that creates disruption to the educational

environment or causes exposure to other students.

     (b) After the primary caregiver or school nurse-teacher or the school nurse's designee

administers the medical marijuana in a nonsmokeable form, the primary caregiver or school

nurse-teacher or the school nurse's designee shall remove any remaining medical marijuana in a

nonsmokeable form from the grounds of the preschool or primary or secondary school, the school

bus, or school-sponsored event.

     (c) No school nurse-teacher shall be liable for civil damages that may result from acts or

omissions relating to the use and/or administration of medical marijuana that may constitute

ordinary negligence; nor shall the school personnel mentioned in this section be subject to

criminal prosecution that may result from acts or omissions in the good faith administration of

medical marijuana. This immunity does not apply to acts or omissions constituting gross

negligence or willful or wanton conduct.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION - HEALTH CARE SAFETY OF PUPILS

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     This act would allow a school nurse-teacher and school nurse's designee to possess and

administer properly authorized medical marijuana to a student at school. It would also provide

protection from criminal prosecution and limit civil liability if they possess and administer

medical marijuana to students at school.

     This act would take effect upon passage.

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