Sponsored by:
Senator PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Senator JAMES BEACH
District 6 (Burlington and Camden)
Co-Sponsored by:
Senator Greenstein
SYNOPSIS
Permits school bus driver to administer epinephrine to student in emergency under certain circumstances.
CURRENT VERSION OF TEXT
As amended by the Senate on February 21, 2019.
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; 1[and]1
(2) 1the student’s parent or guardian has provided to the board of education or chief school administrator of a nonpublic school written orders from a physician or advanced practice nurse that the student requires the administration of epinephrine for anaphylaxis;
(3) the board or chief school administrator of a nonpublic school informs the student’s parents or guardians in writing that the district and its employees or agents or the nonpublic school and its employees or agents, the school bus driver, and school bus contractor shall have no liability as a result of any injury arising from the administration of the epinephrine via a pre-filled auto-injector mechanism;
(4) the student’s parents or guardians sign a statement acknowledging their understanding that the district or the nonpublic school, the school bus driver, and school bus contractor shall have no liability as a result of any injury arising from the administration of the epinephrine via a pre-filled auto-injector mechanism to the student 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, the school bus driver, and school bus contractor against any claims arising out of the administration of the epinephrine via a pre-filled auto-injector mechanism; and
(5)1 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 1[by the Department of Education in consultation with the Department of Health] pursuant to subsection a. of section 2 of P.L.1997, c.368 (C.18A:40-12.6)1. The training shall be conducted by an entity or individual approved by the Department of 1[Education] Health1.
1The written permission of the student’s parent or guardian shall be effective for the school year for which it is granted and may be renewed for each subsequent school year upon fulfillment of the requirements in this subsection.1
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.