Chapter 126
2016 -- S 2170 SUBSTITUTE A
Enacted 06/24/2016

A N   A C T
RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS

Introduced By: Senators Felag, Doyle, Jabour, and Lombardo
Date Introduced: January 27, 2016

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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LC003212/SUB A
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