Chapter 140 |
2016 -- H 8328 Enacted 06/24/2016 |
A N A C T |
RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS |
Introduced By: Representatives McKiernan, Almeida, Williams, Carnevale, and |
Date Introduced: June 10, 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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LC006179 |
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