Introduced By: Senators Gibbs, Izzo and Roberts
Date Introduced : February 8, 1999
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 Children" 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 {DEL . DEL}
{ADD or who show evidence of anaphylaxis. ADD} 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 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.
The policies, rules and regulations shall also include a procedure to allow children to carry and use prescription inhalers while in school or at a school sanctioned function or event, when prescribed by a licensed individual with prescriptive privileges. Children who need to carry said inhalers shall provide the school with medical documentation that the inhaler 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 such documentation in advance.
(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, or school health care personnel, 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 aforementioned school personnel 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.
{ADD (d) School physicians may execute standing orders and prescriptions for school nurses to use epinephrine when there are symptoms of anaphylaxis. ADD}
SECTION 2. This act shall take effect upon passage.
