ASSEMBLY, No. 5524

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED MARCH 22, 2021

 


 

Sponsored by:

Assemblyman  JON M. BRAMNICK

District 21 (Morris, Somerset and Union)

 

 

 

 

SYNOPSIS

     Requires portable anti-choking devices be placed in schools.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the use of portable anti-choking devices in schools and supplementing chapter 40 of Title 18A of the New Jersey Statutes.

 

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

 

     1.    Each board of education of a public school district and the governing board or chief school administrator of a nonpublic school in the State shall ensure that at least one portable anti-choking device is made available in the cafeteria, the office of the school nurse, and any other similar location.  The devices shall be placed in unlocked and easily accessible locations during the school day and at any other time when a school-sponsored event is taking place.  The locations of each device shall have an appropriate identifying sign.

     As used in this act, “portable anti-choking device” means a portable medical device that uses manually created suction to remove blockage from the airway during a choking emergency and has been registered as a Class II acute upper airway obstruction device with the United States Food and Drug Administration.

 

     2.    Each board of education and the governing board or chief administrator of a nonpublic school shall develop policies for the use of portable anti-choking devices by school nurses and school employees.  The policies shall include a requirement that all school nurses and school employees receive training in airway management and in the removal of any obstruction from the airway using a portable anti-choking device.

 

     3.    The Commissioner of Education shall ensure that annual educational opportunities are made available for school nurses and employees of both public and nonpublic schools regarding airway management and the use of portable anti-choking devices.

 

     4.    The Department of Education shall provide for the reimbursement of the costs incurred by school districts and nonpublic schools in implementing the provisions of this act.  The department shall establish procedures by which a school district or nonpublic school may apply for reimbursement pursuant to this section.  The department is authorized to accept contributions of funds from private or nonprofit entities in order to defray the expenses of the State in reimbursing public and nonpublic schools pursuant to this section.

 

     5.    This act shall take effect on the 180th day after enactment, but the Commissioner of Education may take such anticipatory administrative action in advance as necessary for the timely implementation of this act.

 

 

STATEMENT

 

     This bill would require public and nonpublic schools to ensure that at least one portable anti-choking device is made available in the cafeteria, school nurse’s office, and any other similar location.  The devices would be placed in an unlocked and easily accessible location during the school day and at any other time when a school-sponsored event is taking place.  The locations of each portable anti-choking device shall have an appropriate identifying sign.  A portable anti-choking device is a device that uses manually created suction to remove blockage from a person’s airway during a choking emergency.  These devices may only be used in schools provided they have been registered with the United States Food and Drug Administration.

     Each board of education and the governing board or chief administrator of a nonpublic school would be required to develop policies for the use of anti-choking devices by school nurses and school employees.  The policies would include a requirement that all school nurses and school employees receive training in airway management and in the removal of any obstructions from the airway using a portable anti-choking device.  The Commissioner of Education would ensure that annual educational opportunities are made available for school nurses and employees of both public and nonpublic schools regarding airway management and the use of portable anti-choking devices.

     The Department of Education would reimburse public and nonpublic schools for the costs incurred to implement the provisions of this bill.