SENATE, No. 3305

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED JANUARY 15, 2019

 


 

Sponsored by:

Senator  ROBERT W. SINGER

District 30 (Monmouth and Ocean)

 

 

 

 

SYNOPSIS

     Requires under certain circumstances development by school nurse of student individualized health care plan and individualized emergency health care plan for student with severe allergies.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning public school students with severe allergies and supplementing P.L.1997, c.368 (C.18A:40-12.5 et seq.).

 

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

 

     1.    a.  The parent or guardian of a student with a severe allergy who seeks care for that student while at school shall inform the school nurse who shall develop an individualized health care plan and an individualized emergency health care plan for the student, provided that the parent or guardian of the student annually provides to the board of education written authorization for the provision of care as may be outlined in the individualized plans including authorization for the emergency administration of epinephrine and, if authorized by the parent or guardian pursuant to section 1 of P.L.1993, c.308 (C.18A:40-12.3), authorization for the student's self-management and care of his allergy.

     b.    The individualized health care plan and individualized emergency health care plan developed in accordance with subsection a. of this section shall be updated by the school nurse prior to the beginning of each school year and as necessary in the event that there is a change in the health status of the student.

     c.     Each individualized health care plan shall include, and each individualized emergency health care plan may include, the following information:

     (1)   the symptoms of an allergic reaction and the recommended treatment;

     (2)   accommodations for school trips, after-school activities, class parties, and other school-related activities;

     (3)   education of all school personnel who may come in contact with the student about allergies, how to recognize and treat allergic reactions, how to recognize allergic reactions, and when to call for assistance; and

     (4)   how to maintain communications with the student, the student's parent or guardian and health care team, the school nurse, and the educational staff.

     d.    The school nurse assigned to a particular school shall coordinate the provision of care at that school for the student with severe allergies and shall ensure that appropriate staff are trained in the care of students with allergies, including staff working with school-sponsored programs outside of the regular school day, as provided in the individualized health care plan and the individualized emergency health care plan.

 

     2.    This act shall take effect immediately.

STATEMENT

 

     This bill provides that if the parent or guardian of a student with a severe allergy seeks care for that student while at school, the parent or guardian must inform the school nurse who will develop an individualized health care plan and an individualized emergency health care plan for the student.

     The individualized plans will be updated by the school nurse prior to the beginning of each school year and as necessary in the event of a change in the student's health status.  Each individualized health care plan is required to include, and each individualized emergency health care plan may include, the following information:

·         the symptoms of an allergic reaction and the recommended treatment;

·         accommodations for school trips, after-school activities, class parties, and other school-related activities;

·         education of all school personnel who may come in contact with the student about allergies, how to recognize and treat allergic reactions, how to recognize allergic reactions, and when to call for assistance; and

·         how to maintain communications with the student, the student's parent or guardian and health care team, the school nurse, and the educational staff.

     Under the provisions of the bill, in addition to coordinating the care at school for a particular student with severe allergies, the school nurse will also be responsible for ensuring that appropriate staff are trained in the care of students with allergies, including staff working with school-sponsored programs outside of the regular school day, as provided in the individualized plans.

     Under the provisions of the State Board of Education administrative code at N.J.A.C.6A:16-2.1, school districts are responsible for the "[d]evelopment of an individualized healthcare plan and individualized emergency healthcare plan for students with chronic medical conditions, including...life-threatening allergies, requiring special health services...."  This bill would codify this requirement.