§§1,2

C. 18A:40-12.5

&

18A:40-12.6

P.L. 1997, CHAPTER 368, approved January 19, 1998

Senate, No. 373 (Second Reprint)

An Act concerning the administration of medication for certain school pupils 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 ²or chief school administrator of a nonpublic school² shall develop a policy for the ¹emergency¹ administration of ¹[medication] epinephrine via epi-pen¹ to a pupil for ¹[asthma or other potentially life-threatening illnesses] anaphylaxis¹ provided that:

    a. the parents or guardians of the pupil provide to the board of education ²or chief school administrator of a nonpublic school² written authorization for the administration of the ¹[medication] epi-pen¹;

    b. the parents or guardians of the pupil provide to the board of education ²or chief school administrator of a nonpublic school² written ¹[certification] orders¹ from the physician ¹[of the pupil] or advanced practice nurse¹ that the pupil ¹[has asthma or another potentially life-threatening illness] requires the administration of epinephrine for anaphylaxis¹ and does not have the capability for self-administration of the medication;

    c. the board ²or chief school administrator of a nonpublic school² 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 ²or the nonpublic school and its employees or agents² shall have no liability as a result of any injury arising from the administration of ¹[medication] the epi-pen¹ 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 ²or the nonpublic school² shall have no liability as a result of any injury arising from the administration of ¹[medication] the epi-pen¹ to the pupil and that the parents or guardians shall indemnify and hold harmless the district and its employees or agents ²or the nonpublic school and its employees or agents² against any claims arising out of the administration of ¹[medication] the epi-pen¹to 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.

    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 the ¹[medication] epi-pen¹. ¹[A board of education may designate, in consultation with the school nurse,] The school nurse may designate, in consultation with the board of education,^{1 2}or chief school administrator of a nonpublic school² another employee of the school district ²or nonpublic school² to administer ¹[medication to a pupil for asthma or other potentially life-threatening illnesses] epinephrine via epi-pen to a pupil for anaphylaxis¹ when the nurse is not physically present at the scene, provided that:

    a. the designated person has been properly trained in the administration of ¹[medication] the epi-pen¹ by the school nurse ¹using standardized training protocals established by the Department of Education in consultation with the Department of Health¹;

    b. the parents or guardians of the pupil consent in writing to the administration of ¹[medication] the epi-pen¹ by the designated individual.

    c. the board ²or chief school administrator of a nonpublic school² 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 ²or the nonpublic school and its employees and agents² shall have no liability as a result of any injury arising from the administration of ¹[medication] the epi-pen¹ 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 ²or nonpublic school² shall have no liability as a result of any injury arising from the administration of ¹[medication] the epi-pen¹ 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 ¹[medication] the epi-pen¹ 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.

    ¹[3. a. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) the State Board of Education shall promulgate such rules and regulations as it deems necessary no later than six months after the effective date of this act.

    b. A board of education shall not be prohibited from permitting the administration of medication pursuant to sections 1 and 2 of this act prior to the promulgation of rules and regulations by the State Board of Education.]¹

    ¹[4.] 3.¹ This act shall take effect immediately.

Permits administration of epinephrine via epi-pen by school nurse or other trained school employee.