Chapter 264

2005 -- H 6603 SUBSTITUTE A

Enacted 07/13/05

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- EQUIPMENT AND ACCESSORIES GENERALLY

Introduced By: Representatives Sullivan, Landroche, Ginaitt, Gallison, and Gemma

Date Introduced: June 15, 2005

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 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.

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

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

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

prescription inhalers shall provide the school with medical documentation that the inhaler 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 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, 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. The provisions of this section shall not be construed to impose any obligation

upon any private entity providing school bus services, or individual school bus drivers or

monitors employed or otherwise engaged by such school bus service entities, to administer

epinephrine.

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

use epinephrine when there are symptoms of anaphylaxis.

SECTION 2. This act shall take effect upon passage.     

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LC03498/SUB A

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