Bill Text: NY S07758 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to health services in schools; also relates to pupils afflicted with allergies, diabetes, asthma or another respiratory disease.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2014-06-18 - SUBSTITUTED BY A9334B [S07758 Detail]
Download: New_York-2013-S07758-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7758
I N S E N A T E
June 5, 2014
___________
Introduced by Sens. FLANAGAN, MARCELLINO, RANZENHOFER -- read twice and
ordered printed, and when printed to be committed to the Committee on
Education
AN ACT to amend the education law, in relation to health services in
schools
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 916 of the education law, as amended by chapter 524
2 of the laws of 2006, is amended to read as follows:
3 S 916. Pupils [afflicted] with asthma OR ANOTHER RESPIRATORY DISEASE
4 REQUIRING RESCUE INHALER TREATMENT. 1. The board of education or trus-
5 tees of each school district and board of cooperative educational
6 services shall allow pupils who have been diagnosed by a physician or
7 other duly authorized health care provider with [a severe] AN asthmatic
8 condition OR ANOTHER RESPIRATORY DISEASE to carry and use a prescribed
9 inhaler AND SELF-ADMINISTER INHALED RESCUE MEDICATIONS TO ALLEVIATE
10 RESPIRATORY SYMPTOMS OR TO PREVENT THE ONSET OF EXERCISE INDUCED ASTH-
11 MATIC SYMPTOMS during the school day ON SCHOOL PROPERTY AND AT ANY
12 SCHOOL FUNCTION AS SUCH TERMS ARE DEFINED, RESPECTIVELY, BY SUBDIVISIONS
13 ONE AND TWO OF SECTION ELEVEN OF THIS CHAPTER, with the written permis-
14 sion of a physician or other duly authorized health care provider, and
15 WRITTEN parental consent[, based on such physician's or provider's
16 determination that such pupil is subject to sudden asthmatic attacks
17 severe enough to debilitate such pupil]. THE WRITTEN PERMISSION SHALL
18 INCLUDE AN ATTESTATION BY THE PHYSICIAN OR THE HEALTH CARE PROVIDER
19 CONFIRMING THE FOLLOWING: (A) THE PUPIL IS DIAGNOSED WITH ASTHMA OR
20 ANOTHER RESPIRATORY DISEASE FOR WHICH INHALED RESCUE MEDICATIONS ARE
21 PRESCRIBED TO ALLEVIATE RESPIRATORY SYMPTOMS OR TO PREVENT THE ONSET OF
22 EXERCISE INDUCED ASTHMATIC SYMPTOMS; AND (B) THAT THE PUPIL HAS DEMON-
23 STRATED THAT HE OR SHE CAN SELF-ADMINISTER THE PRESCRIBED INHALED RESCUE
24 MEDICATION EFFECTIVELY. THE WRITTEN PERMISSION SHALL ALSO INCLUDE THE
25 NAME OF THE PRESCRIBED INHALED RESCUE MEDICATION, THE DOSE, THE TIMES
26 WHEN THE MEDICATION IS TO BE TAKEN, THE CIRCUMSTANCES WHICH MAY WARRANT
27 THE USE OF THE MEDICATION AND THE LENGTH OF TIME FOR WHICH THE INHALER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13990-08-4
S. 7758 2
1 IS PRESCRIBED. A record of such CONSENT AND permission shall be main-
2 tained in the [school office] STUDENT'S CUMULATIVE HEALTH RECORD. In
3 addition, upon the written request of a parent or person in parental
4 relation, the board of education or trustees of a school district and
5 board of cooperative educational services shall allow such pupils to
6 maintain an extra such inhaler in the care and custody of a [registered
7 professional] LICENSED nurse, NURSE PRACTITIONER, PHYSICIAN ASSISTANT,
8 OR PHYSICIAN employed by such district or board of cooperative educa-
9 tional services, AND SHALL BE READILY ACCESSIBLE TO SUCH PUPIL. Nothing
10 in this section shall require a school district or board of cooperative
11 educational services to retain a [school nurse solely for the purpose of
12 taking custody of a spare inhaler, or require that a school nurse be
13 available at all times in a school building for such purpose] LICENSED
14 NURSE, NURSE PRACTITIONER, PHYSICIAN ASSISTANT, OR PHYSICIAN SOLELY FOR
15 THE PURPOSE OF TAKING CUSTODY OF A SPARE INHALER FOR THE TREATMENT OF
16 ASTHMA OR A RESPIRATORY DISEASE REQUIRING RESCUE MEDICATION TREATMENT,
17 OR REQUIRE THAT A LICENSED NURSE, NURSE PRACTITIONER, PHYSICIAN ASSIST-
18 ANT, OR PHYSICIAN BE AVAILABLE AT ALL TIMES IN A SCHOOL BUILDING FOR THE
19 PURPOSE OF TAKING CUSTODY OF THE INHALER. IN ADDITION, THE MEDICATION
20 PROVIDED BY THE PUPIL'S PARENTS OR PERSONS IN PARENTAL RELATION SHALL BE
21 MADE AVAILABLE TO THE PUPIL AS NEEDED IN ACCORDANCE WITH THE SCHOOL
22 DISTRICT'S OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES' POLICY AND THE
23 ORDERS PRESCRIBED IN THE WRITTEN PERMISSION OF THE PHYSICIAN OR OTHER
24 AUTHORIZED HEALTH CARE PROVIDER.
25 2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR
26 THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS
27 A RESULT OF ANY HARM OR INJURY SUSTAINED BY A PUPIL OR OTHER PERSON
28 CAUSED BY REASONABLE AND GOOD FAITH COMPLIANCE WITH THIS SECTION.
29 S 2. The education law is amended by adding five new sections 916-a,
30 916-b, 902-a, 902-b and 921 to read as follows:
31 S 916-A. PUPILS WITH ALLERGIES. 1. THE BOARD OF EDUCATION OR TRUSTEES
32 OF EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES
33 SHALL ALLOW PUPILS WHO HAVE BEEN DIAGNOSED BY A PHYSICIAN OR OTHER DULY
34 AUTHORIZED HEALTH CARE PROVIDER WITH AN ALLERGY TO CARRY AND USE A
35 PRESCRIBED EPINEPHRINE AUTO INJECTOR FOR THE EMERGENCY TREATMENT OF
36 ALLERGIC REACTIONS DURING THE SCHOOL DAY ON SCHOOL PROPERTY AND AT ANY
37 SCHOOL FUNCTION AS SUCH TERMS ARE DEFINED, RESPECTIVELY, BY SUBDIVISIONS
38 ONE AND TWO OF SECTION ELEVEN OF THIS CHAPTER, WITH THE WRITTEN PERMIS-
39 SION OF A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH PROVIDER, AND WRIT-
40 TEN PARENTAL CONSENT. THE WRITTEN PERMISSION SHALL INCLUDE AN ATTESTA-
41 TION BY THE PHYSICIAN OR THE HEALTH CARE PROVIDER CONFIRMING THE
42 FOLLOWING: (A) THE PUPIL'S DIAGNOSIS OF AN ALLERGY FOR WHICH AN EPINEPH-
43 RINE AUTO INJECTOR IS NEEDED; AND (B) THAT THE PUPIL HAS DEMONSTRATED
44 THAT HE OR SHE CAN SELF-ADMINISTER THE PRESCRIBED EPINEPHRINE AUTO
45 INJECTOR EFFECTIVELY. THE WRITTEN PERMISSION SHALL ALSO INCLUDE THE
46 CIRCUMSTANCES WHICH MAY WARRANT THE USE OF THE EPINEPHRINE AUTO INJEC-
47 TOR. A RECORD OF SUCH CONSENT AND PERMISSION SHALL BE MAINTAINED IN THE
48 STUDENT'S CUMULATIVE HEALTH RECORD. IN ADDITION, UPON THE WRITTEN
49 REQUEST OF A PARENT OR PERSON IN PARENTAL RELATION, THE BOARD OF EDUCA-
50 TION OR TRUSTEES OF A SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCA-
51 TIONAL SERVICES SHALL ALLOW SUCH PUPILS TO MAINTAIN AN EXTRA EPINEPHRINE
52 AUTO INJECTOR FOR THE EMERGENCY TREATMENT OF ALLERGIES IN THE CARE AND
53 CUSTODY OF LICENSED NURSE, NURSE PRACTITIONER, PHYSICIAN ASSISTANT, OR
54 PHYSICIAN EMPLOYED BY SUCH DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL
55 SERVICES, AND SHALL BE READILY ACCESSIBLE TO SUCH PUPIL. NOTHING IN
56 THIS SECTION SHALL REQUIRE A SCHOOL DISTRICT OR BOARD OF COOPERATIVE
S. 7758 3
1 EDUCATIONAL SERVICES TO RETAIN A LICENSED NURSE, NURSE PRACTITIONER,
2 PHYSICIAN ASSISTANT, OR PHYSICIAN SOLELY FOR THE PURPOSE OF TAKING
3 CUSTODY OF A SPARE EPINEPHRINE AUTO INJECTOR FOR THE EMERGENCY TREATMENT
4 OF ALLERGIC REACTIONS, OR REQUIRE THAT A LICENSED NURSE, NURSE PRACTI-
5 TIONER, PHYSICIAN ASSISTANT, OR PHYSICIAN BE AVAILABLE AT ALL TIMES IN A
6 SCHOOL BUILDING FOR TAKING CUSTODY OF THE EPINEPHRINE AUTO INJECTOR. IN
7 ADDITION, THE EPINEPHRINE AUTO INJECTOR PROVIDED BY THE PUPIL'S PARENTS
8 OR PERSONS IN PARENTAL RELATION WILL BE MADE AVAILABLE TO THE PUPIL AS
9 NEEDED IN ACCORDANCE WITH THE SCHOOL DISTRICT'S OR BOARD OF COOPERATIVE
10 EDUCATIONAL SERVICES' POLICY AND THE ORDERS PRESCRIBED IN THE WRITTEN
11 PERMISSION OF THE PHYSICIAN OR OTHER AUTHORIZED HEALTH CARE PROVIDER.
12 2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR
13 THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS
14 A RESULT OF ANY HARM OR INJURY SUSTAINED BY A PUPIL OR OTHER PERSON
15 CAUSED BY REASONABLE AND GOOD FAITH COMPLIANCE WITH THIS SECTION.
16 S 916-B. PUPILS WITH DIABETES. 1. THE BOARD OF EDUCATION OR TRUSTEES
17 OF EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES
18 SHALL ALLOW PUPILS WHO HAVE BEEN DIAGNOSED WITH DIABETES TO CARRY GLUCA-
19 GON AND CARRY AND USE INSULIN THROUGH APPROPRIATE MEDICATION DELIVERY
20 DEVICES AND EQUIPMENT AND/OR TO CARRY AND USE EQUIPMENT AND SUPPLIES
21 NECESSARY TO CHECK BLOOD GLUCOSE LEVELS AND KETONE LEVELS, AS PRESCRIBED
22 BY A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTHCARE PROVIDER, DURING THE
23 SCHOOL DAY ON SCHOOL PROPERTY AND AT ANY SCHOOL FUNCTION AS SUCH TERMS
24 ARE DEFINED, RESPECTIVELY, BY SUBDIVISIONS ONE AND TWO OF SECTION ELEVEN
25 OF THIS CHAPTER, WITH PARENTAL CONSENT AND THE WRITTEN PERMISSION OF A
26 PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER. THE WRITTEN
27 PERMISSION SHALL INCLUDE AN ATTESTATION BY THE PHYSICIAN OR THE HEALTH
28 CARE PROVIDER CONFIRMING THE FOLLOWING: (A) THE PUPIL'S DIAGNOSIS OF
29 DIABETES MAKES THE DELIVERY OF INSULIN AND GLUCAGON THROUGH APPROPRIATE
30 MEDICATION DELIVERY DEVICES DURING THE SCHOOL DAY ON SCHOOL PROPERTY OR
31 AT ANY SCHOOL FUNCTION NECESSARY AND/OR MAKES THE USE OF EQUIPMENT AND
32 SUPPLIES TO CHECK BLOOD GLUCOSE LEVELS AND KETONE LEVELS NECESSARY; AND
33 (B) THAT THE PUPIL HAS DEMONSTRATED THAT HE OR SHE CAN SELF-ADMINISTER
34 THE PRESCRIBED INSULIN EFFECTIVELY AND CAN SELF CHECK GLUCOSE OR KETONE
35 LEVELS AND CAN INDEPENDENTLY FOLLOW THE TREATMENT ORDERS PRESCRIBED BY
36 THE PHYSICIAN OR OTHER AUTHORIZED HEALTH CARE PROVIDER IN THE WRITTEN
37 PERMISSION. THE WRITTEN PERMISSION SHALL IDENTIFY PRESCRIBED BLOOD
38 GLUCOSE TESTS, KETONE TESTS, INSULIN AND GLUCAGON TO BE USED BY THE
39 PUPIL AT SCHOOL AND/OR DURING SCHOOL FUNCTIONS. IF INSULIN OR GLUCAGON
40 IS PRESCRIBED, THE WRITTEN PERMISSION SHALL INCLUDE THE NAME OF THE TYPE
41 OF INSULIN, THE DOSE OR DOSE RANGE, THE TIMES WHEN THE MEDICATION IS TO
42 BE TAKEN, THE TYPE OF INSULIN DELIVERY SYSTEM AND ANY OTHER INFORMATION
43 PRESCRIBED BY THE COMMISSIONER IN REGULATION, AFTER CONSULTATION WITH
44 THE COMMISSIONER OF HEALTH. A RECORD OF SUCH CONSENT AND PERMISSION
45 SHALL BE MAINTAINED IN THE STUDENT'S CUMULATIVE HEALTH RECORD. IN ADDI-
46 TION, UPON THE WRITTEN REQUEST OF A PARENT OR PERSON IN PARENTAL
47 RELATION, THE BOARD OF EDUCATION OR TRUSTEES OF A SCHOOL DISTRICT AND
48 BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL ALLOW SUCH PUPILS TO
49 MAINTAIN EXTRA INSULIN AND AN INSULIN DELIVERY SYSTEM, GLUCAGON, BLOOD
50 GLUCOSE METERS AND RELATED SUPPLIES USED TO TREAT SUCH PUPIL'S DIABETES
51 IN THE CARE AND CUSTODY OF A LICENSED NURSE, NURSE PRACTITIONER, PHYSI-
52 CIAN ASSISTANT, OR PHYSICIAN EMPLOYED BY SUCH DISTRICT OR BOARD OF COOP-
53 ERATIVE EDUCATIONAL SERVICES, AND SHALL BE READILY ACCESSIBLE TO SUCH
54 PUPIL. NOTHING IN THIS SECTION SHALL REQUIRE A SCHOOL DISTRICT OR BOARD
55 OF COOPERATIVE EDUCATIONAL SERVICES TO RETAIN A LICENSED NURSE, NURSE
56 PRACTITIONER, PHYSICIAN ASSISTANT, OR PHYSICIAN SOLELY FOR THE PURPOSE
S. 7758 4
1 OF TAKING CUSTODY OF EXTRA INSULIN AND AN INSULIN DELIVERY SYSTEM,
2 GLUCAGON, BLOOD GLUCOSE METERS AND RELATED SUPPLIES USED TO TREAT SUCH
3 PUPIL'S DIABETES, OR REQUIRE THAT A LICENSED NURSE, NURSE PRACTITIONER,
4 PHYSICIAN ASSISTANT, OR PHYSICIAN BE AVAILABLE AT ALL TIMES IN A SCHOOL
5 BUILDING FOR THE PURPOSE OF TAKING CUSTODY OF EXTRA INSULIN AND AN INSU-
6 LIN DELIVERY SYSTEM, GLUCAGON, BLOOD GLUCOSE METERS AND RELATED
7 SUPPLIES. IN ADDITION, THE MEDICATION AND DEVICES, EQUIPMENT AND
8 SUPPLIES PROVIDED BY THE PUPIL'S PARENTS OR PERSONS IN PARENTAL RELATION
9 SHALL BE MADE AVAILABLE TO THE PUPIL AS NEEDED IN ACCORDANCE WITH THE
10 SCHOOL DISTRICT'S OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES' POLICY
11 AND THE ORDERS PRESCRIBED IN THE WRITTEN PERMISSION OF THE PHYSICIAN OR
12 OTHER AUTHORIZED HEALTH CARE PROVIDER. PUPILS WITH DIABETES MAY ALSO
13 CARRY ANY FOOD NECESSARY TO TREAT HYPOGLYCEMIA PURSUANT TO THE SCHOOL
14 DISTRICT POLICY, PROVIDED, HOWEVER, SUCH SCHOOL DISTRICT POLICY SHALL
15 NOT UNREASONABLY INTERFERE WITH A PUPIL'S ABILITY TO TREAT HYPOGLYCEMIA.
16 2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR
17 THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS
18 A RESULT OF ANY HARM OR INJURY SUSTAINED BY A PUPIL OR OTHER PERSON
19 CAUSED BY REASONABLE AND GOOD FAITH COMPLIANCE WITH THIS SECTION.
20 S 902-A. TREATMENT OF STUDENTS DIAGNOSED WITH DIABETES BY SCHOOL
21 PERSONNEL. 1. LICENSED NURSES, NURSE PRACTITIONERS, PHYSICIAN ASSIST-
22 ANTS, OR PHYSICIANS EMPLOYED BY SCHOOL DISTRICTS OR BOARDS OF COOPER-
23 ATIVE EDUCATIONAL SERVICES ARE AUTHORIZED TO CALCULATE PRESCRIBED INSU-
24 LIN DOSAGES, ADMINISTER PRESCRIBED INSULIN, PROGRAM THE PRESCRIBED
25 INSULIN PUMP, REFILL THE RESERVOIR IN THE INSULIN PUMP, CHANGE THE
26 INFUSION SITE, INJECT PRESCRIBED GLUCAGON, TEACH AN UNLICENSED PERSON TO
27 ADMINISTER GLUCAGON TO AN INDIVIDUAL, AND PERFORM OTHER AUTHORIZED
28 SERVICES PURSUANT TO THE SCOPE OF PRACTICE OF THE LICENSED INDIVIDUAL
29 UNDER TITLE VIII OF THIS CHAPTER, TO PUPILS WHO HAVE RECEIVED WRITTEN
30 PERMISSION BY A PHYSICIAN OR OTHER LICENSED HEALTH CARE PROVIDER, AND
31 WRITTEN PARENTAL CONSENT TO CARRY AND USE INSULIN AND GLUCAGON PURSUANT
32 TO SECTION NINE HUNDRED SIXTEEN-B OF THIS ARTICLE, DURING THE SCHOOL DAY
33 ON SCHOOL PROPERTY AND AT ANY SCHOOL FUNCTION AS SUCH TERMS ARE DEFINED,
34 RESPECTIVELY, BY SUBDIVISIONS ONE AND TWO OF SECTION ELEVEN OF THIS
35 CHAPTER. NOTHING IN THIS SECTION SHALL AUTHORIZE UNLICENSED PERSONS TO
36 PERFORM THESE SERVICES EXCEPT AS OTHERWISE PERMITTED BY SECTION NINE
37 HUNDRED TWENTY-ONE OF THIS ARTICLE.
38 2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR
39 THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS
40 A RESULT OF ANY HARM OR INJURY SUSTAINED BY A PUPIL OR OTHER PERSON
41 CAUSED BY REASONABLE AND GOOD FAITH COMPLIANCE WITH THIS SECTION.
42 S 902-B. TREATMENT BY LICENSED SCHOOL PERSONNEL OF STUDENTS DIAGNOSED
43 WITH ALLERGIES. 1. LICENSED NURSES, NURSE PRACTITIONERS, PHYSICIAN
44 ASSISTANTS, OR PHYSICIANS EMPLOYED BY SCHOOLS ARE AUTHORIZED TO ADMINIS-
45 TER PRESCRIBED EPINEPHRINE PURSUANT TO THE SCOPE OF PRACTICE OF THE
46 LICENSED INDIVIDUAL UNDER TITLE VIII OF THIS CHAPTER, TO PUPILS DIAG-
47 NOSED BY A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER WITH
48 AN ALLERGY WHO HAVE THE WRITTEN PERMISSION OF A PHYSICIAN OR OTHER DULY
49 AUTHORIZED HEALTH CARE PROVIDER FOR THE ADMINISTRATION OF EMERGENCY
50 EPINEPHRINE AND WRITTEN PARENTAL CONSENT TO CARRY AND USE AN EPINEPHRINE
51 AUTO INJECTOR PURSUANT TO SECTION NINE HUNDRED SIXTEEN-A OF THIS ARTI-
52 CLE, DURING THE SCHOOL DAY ON SCHOOL PROPERTY AND AT ANY SCHOOL FUNCTION
53 AS SUCH TERMS ARE DEFINED, RESPECTIVELY, BY SUBDIVISIONS ONE AND TWO OF
54 SECTION ELEVEN OF THIS CHAPTER.
55 2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR
56 THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS
S. 7758 5
1 A RESULT OF ANY HARM OR INJURY SUSTAINED BY A PUPIL OR OTHER PERSON
2 CAUSED BY REASONABLE AND GOOD FAITH COMPLIANCE WITH THIS SECTION.
3 S 921. TRAINING OF UNLICENSED SCHOOL PERSONNEL TO ADMINISTER CERTAIN
4 MEDICATIONS. 1. THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL
5 DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND NONPUBLIC
6 SCHOOLS ARE AUTHORIZED, BUT NOT OBLIGATED TO HAVE LICENSED REGISTERED
7 PROFESSIONAL NURSES, NURSE PRACTITIONERS, PHYSICIAN ASSISTANTS, AND
8 PHYSICIANS TRAIN UNLICENSED SCHOOL PERSONNEL TO INJECT PRESCRIBED GLUCA-
9 GON OR EPINEPHRINE AUTO INJECTORS IN EMERGENCY SITUATIONS, WHERE AN
10 APPROPRIATELY LICENSED HEALTH PROFESSIONAL IS NOT AVAILABLE, TO PUPILS
11 WHO HAVE THE WRITTEN PERMISSION OF A PHYSICIAN OR OTHER DULY AUTHORIZED
12 HEALTH CARE PROVIDER FOR THE ADMINISTRATION OF INJECTABLE GLUCAGON OR
13 EMERGENCY EPINEPHRINE AUTO INJECTOR, ALONG WITH WRITTEN PARENTAL
14 CONSENT, DURING THE SCHOOL DAY ON SCHOOL PROPERTY AND AT ANY SCHOOL
15 FUNCTION AS SUCH TERMS ARE DEFINED, RESPECTIVELY, BY SUBDIVISIONS ONE
16 AND TWO OF SECTION ELEVEN OF THIS CHAPTER. TRAINING MUST BE PROVIDED BY
17 A PHYSICIAN OR OTHER DULY AUTHORIZED LICENSED HEALTH CARE PROFESSIONAL
18 IN A COMPETENT MANNER AND MUST BE COMPLETED IN A FORM AND MANNER
19 PRESCRIBED BY THE COMMISSIONER IN REGULATION.
20 2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES,
21 NONPUBLIC SCHOOLS AND/OR THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL
22 OR FINANCIAL LIABILITY AS A RESULT OF ANY HARM OR INJURY SUSTAINED BY A
23 PUPIL OR OTHER PERSON CAUSED BY REASONABLE AND GOOD FAITH COMPLIANCE
24 WITH THIS SECTION.
25 S 3. This act shall take effect the first of July next succeeding the
26 date on which it shall have become a law. Provided, that effective
27 immediately, the addition, amendment and/or repeal of any rule or regu-
28 lation necessary for the timely implementation of this act on its effec-
29 tive date are authorized and directed to be made and completed on or
30 before such effective date.
