Chapter 146
2012 -- H 7447 SUBSTITUTE A
Enacted 06/04/12
A N A C T
RELATING TO
EDUCATION - HEALTH AND SAFETY OF PUPILS
Introduced By: Representatives Malik, Morrison, Schadone, Baldelli-Hunt, and Gallison
Date Introduced: February 09, 2012
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, or
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. 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.
(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 upon passage.
=======
LC01328/SUB A/3
=======