TITLE 16
Education

CHAPTER 16-78
Allergic Emergencies in Institutions of Higher Education

SECTION 16-78-1


§ 16-78-1 Allergic emergencies – Anaphylaxis – Use of epinephrine – Immunity for those administering.

(a) Every institution of higher learning in the state 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 students who have been medically identified as being prone to anaphylaxis. These policies, rules, and regulations shall include a procedure where a student may expressly authorize the school to administer epinephrine on the student in case of an emergency.

(b) Students shall provide a doctor's letter or prescription notifying the school of their allergy and the need to administer epinephrine in an allergic emergency.

(c) No school teacher, school administrator, or school health care personnel shall be liable for civil damages which may result from acts or omissions in use of epinephrine which may constitute ordinary negligence. This immunity does not apply to acts or omissions constituting gross negligence or willful or wanton conduct.

History of Section.
(P.L. 1996, ch. 43, § 2; P.L. 1996, ch. 324, § 2.)