It is enacted by the General Assembly as follows:

SECTION 1. Chapter 16-21 of the general laws entitled "Health and Safety of Pupils" is hereby amended by adding thereto the following section:

{ADD 16-21-22. Allergic emergencies -- Anaphylaxis -- Use of EpiPen -- Immunity for those administering. -- ADD} {ADD 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. Such policies, rules and regulations shall include a procedure whereby a parent or legal guardian of any child may expressly authorize the school department to administer the EpiPen on their child in case of an emergency.

An EpiPen is a device used for the automatic injection of epinephrine into the human body to prevent anaphylaxis (exaggerated allergic reaction).

Parents shall provide a doctors letter or prescription notifying the school of their child's allergy and the need to administer EpiPen in an allergic emergency.

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 the EpiPen which may constitute ordinary negligence. This immunity does not apply to acts or omissions constituting gross negligence or willful or wanton conduct. ADD}

SECTION 2. This act shall take effect July 1, 1995.