97-H 5189
Effective Without the Governor's Signature
Jul. 8, 1997


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. The 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 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.

(b) Parents shall provide a doctor's letter or prescription notifying the school of their child's allergy and the need to administer epinephrine in an allergic emergency.

(c) No school teacher, school administrator, {DEL or DEL} school health care personnel {ADD , or any other school personnel ADD} shall be liable for civil damages which may result from acts or omissions in use of epinephrine which may constitute ordinary negligence. This immunity does not apply to acts or omissions constituting gross negligence or willful or wanton conduct.

SECTION 2. This act shall take effect upon passage.

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