2026 -- H 7617 SUBSTITUTE A

========

LC004770/SUB A

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

____________

A N   A C T

RELATING TO HEALTH AND SAFETY -- HEALTH AND SAFETY OF PUPILS

     Introduced By: Representatives Donovan, Cotter, Boylan, Speakman, Fogarty, Biah, and
Tanzi

     Date Introduced: February 11, 2026

     Referred To: House Education

     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 delivery

devices approved by the United States Food and Drug Administration, or epinephrine nasal spray,

as applicable, 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 healthcare 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.

     (g) The administration, use, or maintenance of epinephrine provided for under the

provisions of this section shall be deemed to include epinephrine delivery devices approved by the

United States Food and Drug Administration, cartridges, and nasal sprays.

     SECTION 2. This act shall take effect upon passage.

========

LC004770/SUB A

========

LC004770/SUB A - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- HEALTH AND SAFETY OF PUPILS

***

     This act would provide that where the administration, use, or maintenance of epinephrine

within schools and on buses is authorized, this use would include epinephrine delivery devices

approved by the United States Food and Drug Administration and epinephrine nasal sprays.

     This act would take effect upon passage.

========

LC004770/SUB A

========

LC004770/SUB A - Page 3 of 3