2012 -- S 2173 SUBSTITUTE A

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LC00564/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS

     Introduced By: Senators Felag, Walaska, and DiPalma

     Date Introduced: January 18, 2012

     Referred To: Senate Health & Human Services

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-21-22 of the General Laws in Chapter 16-21 entitled "Health

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and Safety of Pupils" is hereby amended to read as follows:

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     16-21-22. Allergic emergencies -- Anaphylaxis -- Use of epinephrine -- Immunity for

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those administering. -- (a) The department of elementary and secondary education and the

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department of health shall incorporate into their policies, rules, and regulations pertaining to

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school health programs a procedure for addressing incidents of anaphylaxis (exaggerated allergic

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reaction) in order to provide for the health and safety of children who have been medically

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identified as being prone to anaphylaxis or who show evidence of anaphylaxis. The policies,

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rules, and regulations shall include a procedure whereby a parent or legal guardian of any child

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may expressly authorize the school department and school bus drivers and monitors to administer

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the epinephrine on his or her child in case of an emergency and ensures that the epinephrine is

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kept in a conspicuous place, readily available and that their proper use is made known to school

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personnel. School bus drivers and monitors shall receive training in the administration of

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epinephrine. To prevent or treat a case of anaphylaxis, trained school bus drivers and/or monitors

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shall administer the epinephrine auto-injector to an identified student.

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

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carry and use prescription inhalers, and auto-injectable epinephrine, while in school, or at a

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school sanctioned function or event, or in transit to and from school or school sanctioned function

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or event by the school bus service provider; when prescribed by a licensed individual with

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prescriptive privileges. Children who need to carry prescription inhalers and/or auto-injectable

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epinephrine shall provide the school and the school bus service provider with medical

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documentation that the inhaler and/or auto-injectable epinephrine has been legitimately

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prescribed and that the child needs to carry it on his or her person due to a medical condition but

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no child shall be disciplined solely for failure to provide this documentation in advance.

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      (c) Parents shall provide a doctor's letter or prescription notifying the school and the

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school bus service provider of their child's allergy and the need to administer epinephrine in an

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allergic emergency.

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     (d) No school teacher, school administrator, or school health care personnel, school bus

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driver, school bus monitor or any other school personnel shall be liable for civil damages which

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may result from acts or omissions in use of the epinephrine which may constitute ordinary

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negligence; nor shall the school personnel mentioned in this subsection be liable for civil

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damages which may result from acts or omissions in the use of prescription inhalers by children

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which may constitute ordinary negligence. This immunity does not apply to acts or omissions

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constituting gross negligence or willful or wanton conduct. For the purposes of determining

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immunity from liability under subsection (d) only, the term "other school personnel" shall include

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any private entity providing school bus services and individual school bus drivers and monitors

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employed or otherwise engaged by such school bus service entities. The provisions of this section

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shall not be construed to impose any obligation upon any private entity providing school bus

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services, or individual school bus drivers or monitors employed or otherwise engaged by such

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school bus service entities, to administer epinephrine.

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

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use epinephrine when there are symptoms of anaphylaxis.

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      (f) The student’s parent or guardian is responsible for supplying and replacing when

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necessary all prescription medication that is authorized pursuant to this section.

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     SECTION 2. This act shall take effect upon passage.

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LC00564/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS

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     This act would allow students to carry auto-injectable epinephrine and allow bus drivers

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and monitors to administer epinephrine under certain circumstances.

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     This act would take effect upon passage.

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LC00564/SUB A

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