§ 16-21-22 - Allergic emergencies – Anaphylaxis – Use of epinephrine – Immunity for those administering.
SECTION 16-21-22
§ 16-21-22 Allergic emergencies –Anaphylaxis – Use of epinephrine – Immunity for those administering.– (a) The department of elementary and secondary education and the department ofhealth shall incorporate into their policies, rules, and regulations pertainingto school health programs a procedure for addressing incidents of anaphylaxis(exaggerated allergic reaction) in order to provide for the health and safetyof children who have been medically identified as being prone to anaphylaxis orwho show evidence of anaphylaxis. The policies, rules, and regulations shallinclude a procedure whereby a parent or legal guardian of any child mayexpressly authorize the school department to administer the epinephrine on hisor her child in case of an emergency and ensures that the epinephrine is keptin a conspicuous place, readily available and that their proper use is madeknown to school personnel.
(b) The policies, rules and regulations shall also include aprocedure to allow children to carry and use prescription inhalers while inschool or at a school sanctioned function or event, when prescribed by alicensed individual with prescriptive privileges. Children who need to carryprescription inhalers shall provide the school with medical documentation thatthe inhaler has been legitimately prescribed and that the child needs to carryit on his or her person due to a medical condition but no child shall bedisciplined solely for failure to provide this documentation in advance.
(c) Parents shall provide a doctor's letter or prescriptionnotifying the school of their child's allergy and the need to administerepinephrine in an allergic emergency.
(d) No school teacher, school administrator, or school healthcare personnel, or any other school personnel shall be liable for civil damageswhich may result from acts or omissions in use of the epinephrine which mayconstitute ordinary negligence; nor shall the school personnel mentioned inthis subsection be liable for civil damages which may result from acts oromissions in the use of prescription inhalers by children which may constituteordinary negligence. This immunity does not apply to acts or omissionsconstituting gross negligence or willful or wanton conduct. For the purposes ofdetermining immunity from liability under subsection (d) only, the term "otherschool personnel" shall include any private entity providing school busservices and individual school bus drivers and monitors employed or otherwiseengaged by such school bus service entities. The provisions of this sectionshall not be construed to impose any obligation upon any private entityproviding school bus services, or individual school bus drivers or monitorsemployed or otherwise engaged by such school bus service entities, toadminister epinephrine.
(e) School physicians may execute standing orders andprescriptions for school nurses to use epinephrine when there are symptoms ofanaphylaxis.