Introduced By: Representatives Giannini, Henseler, Benoit, Carpenter and Pisaturo
Date Introduced : January 13, 1998
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. 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.
{ADD 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 said 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 such documentation in advance. ADD}
(b) 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.
(c) 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 {DEL . DEL} {ADD ;
nor shall the aforementioned school personnel 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. ADD}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.
