SENATE, No. 590

STATE OF NEW JERSEY

INTRODUCED JANUARY 29, 1996

By Senator BENNETT

An Act concerning the self-administration of medicine by certain pupils and amending P.L.1993, c.308.

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

    1. Section 1 of P.L.1993, c.308 (C.18A:40-12.3) is amended to read as follows:

    1. A board of education or the governing board or chief school administrator of a nonpublic school may permit the self-administration of medication by 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 or the governing board or chief school administrator of a nonpublic school written authorization for the self-administration of medication;

    b. the parents or guardians of the pupil provide to the board of education or the governing board or chief school administrator of a nonpublic school written certification from the physician of the pupil that the pupil has asthma or another potentially life-threatening illness and is capable of, and has been instructed in, the proper method of self-administration of medication;

    c. the board of education or the governing board or chief school administrator of a nonpublic school informs the parents or guardians of the pupil in writing that the district and its employees or agents or the nonpublic school and its employees or agents shall incur no liability as a result of any injury arising from the self-administration of medication by the pupil;

    d. the parents or guardians of the pupil sign a statement acknowledging that the district or the nonpublic school shall incur no liability as a result of any injury arising from the self-administration of medication by 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 self-administration of medication by 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.

(cf: P.L.1993,c.308,s.1)

    2. This act shall take effect immediately.

STATEMENT

    This bill provides that a governing board or chief school administrator of a nonpublic school may permit the self-administration of medication by 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 capability of the pupil for self-administration; the nonpublic school informs the parents or guardians that it shall incur no liability arising from the self-medication; and the parents or guardians sign a statement that the school shall incur no liability as a result of the self-medication.

    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.

Allows nonpublic school pupils to administer medication to themselves in certain cases.