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
EpiPen--Immunity for those administering. {ADD Allergic emergencies
-- Anaphylaxis -- Use of epinephrine -- Immunity for those
administering. -- 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 {ADD epinephrine ADD} 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 {ADD epinephrine ADD} 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 {ADD epinephrine ADD}
which may constitute ordinary negligence. This immunity does not
apply to acts or omissions constituting gross negligence or
willful or wanton conduct.
SECTION 2. Title 16 of the General Laws entitled "Education" is hereby amended by adding thereto the following chapter:
{ADD CHAPTER 78
ALLERGIC EMERGENCIES IN INSTITUTIONS
OF HIGHER EDUCATION ADD}
{ADD 16-78-1. Allergic emergencies -- Anaphylaxis -- Use of epinephrine -- Immunity for those administering. -- ADD} {ADD Every institution of higher learning in the state 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 students who have been medically identified as being prone to anaphylaxis. Such policies, rules and regulations shall include a procedure whereby a student may expressly authorize the school to administer the epinephrine on the student in case of an emergency.
Students shall provide a doctor's letter or prescription notifying the school of their allergy and the need to administer epinephrine 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 epinephrine which may constitute ordinary negligence. This immunity does not apply to acts or omissions constituting gross negligence or willful or wanton conduct. ADD}
SECTION 3. This act shall take effect upon passage.
