| 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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