SENATE, No. 373

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Senator MacINNES

 

 

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 shall develop a policy for the administration of medication to a pupil for asthma or other potentially life-threatening illnesses provided that:

    a. the parents or guardians of the pupil provide to the board of education written authorization for the administration of the medication;

    b. the parents or guardians of the pupil provide to the board of education written certification from the physician of the pupil that the pupil has asthma or another potentially life-threatening illness and does not have the capability for self-administration of the medication;

    c. the board 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 shall have no liability as a result of any injury arising from the administration of medication 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 shall have no liability as a result of any injury arising from the administration of medication 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 medication 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.

 

    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 medication. A board of education may designate, in consultation with the school nurse, another employee of the school district to administer medication to a pupil for asthma or other potentially life-threatening illnesses when the nurse is not physically present at the scene, provided that:

    a. the designated person has been properly trained in the administration of medication by the school nurse;

    b. the parents or guardians of the pupil consent in writing to the administration of medication by the designated individual.

    c. the board 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 shall have no liability as a result of any injury arising from the administration of medication 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 shall have no liability as a result of any injury arising from the administration of medication 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 medication 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. 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.

 

    4. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill provides that a board of education shall develop a policy for the administration of medication to a pupil for asthma or other potentially life-threatening illnesses under certain conditions. The conditions include provisions that the parents or guardians file their written authorization and submit written certification from the pupil's physician confirming the illness and the inability of the pupil for self-administration; the board informs the parents or guardians that if the specified procedures are followed, it shall have no liability arising from the provision of the medication; and the parents or guardians sign a statement that the district shall have no liability as a result.

    The bill also provides that the school nurse should have primary responsibility for the administration of the medication to a pupil for asthma or other potentially life-threatening illnesses; however, another employee may be designated if that person has been properly trained by the nurse and if the parents consent in writing to the administration of the medication by that person. Permission for the administration of medication would be effective for the school year for which it was granted and must be renewed for each subsequent school year.

    The State Board of Education is required to promulgate rules and regulations six months after the effective date of the act; however, a board of education is not prohibited from permitting the administration of medication prior to the promulgation of the rules and regulations.

 

 

 

Permits administration of medication to a school pupil by the school nurse or other trained school employee.