ASSEMBLY, No. 3125

 

STATE OF NEW JERSEY

 

210th LEGISLATURE

 

INTRODUCED DECEMBER 16, 2002

 

 

Sponsored by:

Assemblywoman CHARLOTTE VANDERVALK

District 39 (Bergen)

Assemblyman HERBERT CONAWAY, JR.

District 7 (Burlington and Camden)

 

 

 

 

SYNOPSIS

    Provides procedure for the emergency administration of glucagon to a public or nonpublic school pupil.

 

CURRENT VERSION OF TEXT

    As introduced.

 


An Act concerning the emergency administration of glucagon to school pupils and amending P.L.1997, c.368.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. Section 1 of P.L.1997, c.368 (C.18A:40-12.5) is amended to read as follows:

    1. Each board of education or chief school administrator of a nonpublic school shall develop a policy for the emergency administration of glucagon to pupils with diabetes and for the emergency administration of epinephrine via epi-pen to a pupil for anaphylaxis or to avoid anaphylaxis provided that:

    a. the parents or guardians of the pupil provide to the board of education or chief school administrator of a nonpublic school written authorization for the administration of the glucagon or epi-pen;

    b. the parents or guardians of the pupil provide to the board of education or chief school administrator of a nonpublic school written orders from the physician or advanced practice nurse that the pupil has diabetes and may require the administration of glucagon or requires the administration of epinephrine for anaphylaxis or to avoid anaphylaxis and does not have the capability for self-administration of the medication;

    c. the board or chief school administrator of a nonpublic school informs the parents or guardians of the pupil in writing that if the procedures specified in this section are followed, the district and its employees or agents or the nonpublic school and its employees or agents shall have no liability as a result of any injury arising from the administration of glucagon or the epi-pen to the pupil;

    d. the parents or guardians of the pupil sign a statement acknowledging their understanding that if the procedures specified in this section are followed, the district or the nonpublic school shall have no liability as a result of any injury arising from the administration of glucagon or the epi-pen to the pupil and that the parents or guardians shall indemnify and hold harmless the district and its employees or agents or the nonpublic school and its employees or agents against any claims arising out of the administration of the glucagon or epi-pen to the pupil; and

    e. the permission is effective for the school year for which it is granted and is renewed for each subsequent school year upon fulfillment of the requirements in subsections a. through d. of this section.

(cf: P.L.1997, c.368, s.1)

    2. Section 2 of P.L.1997, c.368 (C.18A:40-12.6) is amended to read as follows:

    2. The policy for the administration of medication to a pupil shall provide that the school nurse shall have the primary responsibility for the administration of glucagon or the epi-pen. The school nurse may designate, in consultation with the board of education, or chief school administrator of a nonpublic school another employee of the school district or nonpublic school to administer glucagon to a pupil with diabetes or epinephrine via epi-pen to a pupil for anaphylaxis or to avoid anaphylaxis when the nurse is not physically present at the scene, provided that:

    a. the designated person has been properly trained in the administration of glucagon or the epi-pen by the school nurse using standardized training protocols established by the Department of Education in consultation with the Department of Health and Senior Services;

    b. the parents or guardians of the pupil consent in writing to the administration of glucagon or the epi-pen by the designated individual;

    c. the board or chief school administrator of a nonpublic school informs the parents or guardians of the pupil in writing that if the procedures specified in this section are followed, the district and its employees or agents or the nonpublic school and its employees and agents shall have no liability as a result of any injury arising from the administration of glucagon or the epi-pen to the pupil;

    d. the parents or guardians of the pupil sign a statement acknowledging their understanding that if the procedures specified in this section are followed, the district or nonpublic school shall have no liability as a result of any injury arising from the administration of the glucagon or epi-pen to the pupil and that the parents or guardians shall indemnify and hold harmless the district and its employees or agents against any claims arising out of the administration of the glucagon or epi-pen to the pupil; and

    e. the permission is effective for the school year for which it is granted and is renewed for each subsequent school year upon fulfillment of the requirements in subsections a. through d. of this section.

(cf: P.L.1997, c.368, s.2)

 

    3. This act shall take effect immediately.

 

STATEMENT

 

    This bill amends the statute that provides a procedure for the emergency administration to public and nonpublic school pupils of epinephrine via epi-pen for anaphylaxis to include in that procedure the emergency administration of glucagon to a pupil with diabetes. Glucagon is a hormone that raises the level of glucose in the blood and, like insulin, must be injected to counteract severe hypoglycemia that causes loss of consciousness.

    Under the bill, parental authorization for the administration of glucagon would be required along with written orders from a physician that the pupil may require the administration of glucagon for diabetes and does not have the capability for self-administration of the medication. The school nurse would have the primary responsibility for the administration of glucagon, but a procedure is provided for the nurse to designate, with parental consent, another employee to administrator glucagon when the nurse is not physically present at the scene. A signed statement from the parents is also required that releases the public or nonpublic school from liability if all procedures are followed. The parental permission would be effective for an initial school year and must be renewed each subsequent year.

    The bill also clarifies that epinephrine may administered via epi-pen in order to avoid anaphylaxis.