CHAPTER 368

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:

C.18A:40-12.5 Development of policy for emergency administration of epinephrine via epi-pen to pupil.

    1.    Each board of education or chief school administrator of a nonpublic school shall develop a policy for the emergency administration of epinephrine via epi-pen to a pupil for 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 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 requires the administration of epinephrine for 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 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 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 epi-pento 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.

C.18A:40-12.6 Policy for administration of medication to pupil.

    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 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 epinephrine via epi-pen to a pupil for 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 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 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 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 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 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.

    3.    This act shall take effect immediately.

    Approved January 19, 1998.