Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Assemblyman JOE HOWARTH
District 8 (Atlantic, Burlington and Camden)
SYNOPSIS
Permits school bus driver to administer epinephrine to student in emergency under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the administration of epinephrine by school bus drivers and supplementing P.L.1997, c.368 (C.18A:40-12.5 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section, “school bus driver” includes school bus drivers who are employed by a board of education and school bus drivers who are employed by a school bus contractor that provides pupil transportation services under contract with a board of education.
b. The policy of a board of education or a nonpublic school for the emergency administration of epinephrine to a student for anaphylaxis shall permit a school bus driver to administer epinephrine to a student when the following conditions are met:
(1) the student’s parent or guardian has provided written authorization for a school bus driver to administer epinephrine to the student in an emergency; and
(2) the school bus driver has been properly trained in the administration of epinephrine via a pre-filled auto-injector mechanism using standardized training protocols established by the Department of Education in consultation with the Department of Health. The training shall be conducted by an entity or individual approved by the Department of Education.
c. Nothing in this section shall be construed to prohibit the emergency administration of epinephrine to a student for anaphylaxis by a school bus driver when the student is authorized to self-administer epinephrine pursuant to section 1 of P.L.1993, c.308 (C.18A:40-12.3).
d. No school bus driver, school district, nonpublic school, or school bus contractor that provides pupil transportation services under contract with a board of education shall be held liable for any good faith act or omission consistent with the provisions of this section. Good faith shall not include willful misconduct, gross negligence, or recklessness.
2. The State Board of Education shall promulgate regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of this act.
3. This act shall take
effect immediately and shall first apply to the first full school year
following the date of enactment.
STATEMENT
Current law, P.L.1997, c.368 (C.18A:40-12.5 et seq.), establishes requirements for the development of a policy for the emergency administration of epinephrine to a student for anaphylaxis. This bill would supplement existing law to include school bus drivers among the individuals who are permitted to administer epinephrine to a student under certain circumstances.
Under the bill, the policy of a board of education or a nonpublic school for the emergency administration of epinephrine to a student will permit a school bus driver to administer epinephrine to a student when the following conditions are met: (1) the student’s parent or guardian has provided written authorization for a school bus driver to administer epinephrine to the student in an emergency; and (2) the school bus driver has been properly trained in the administration of epinephrine via a pre-filled auto-injector mechanism using standardized training protocols established by the Department of Education in consultation with the Department of Health. The training will be conducted by an entity or individual approved by the Department of Education.
The bill provides that school bus drivers, school districts, nonpublic schools, and school bus contractors that provide pupil transportation services under contract with a board of education will have immunity from liability for good faith acts or omissions consistent with the provisions of the bill.