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Topic summary

Posted by LinksEtc
 - December 13, 2013, 09:39:26 AM
I support the general stuff in bills like this - I think this has the potential to save lives.  There are some really good things in this bill  :yes:. 

-------------------------------

The only thing that gives me some pause is wording like this

Quoted. the parents or guardians of the pupil sign a statement acknowledging their understanding that the district or the nonpublic school shall have no liability as a result of any injury arising from the administration of the epinephrine via a pre-filled auto-injector mechanism to 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 administration of the epinephrine via a pre-filled auto-injector mechanism; and

A lot of previous wording for stuff like this talked about "good faith" mistakes, but what if somebody makes a huge mistake & they really should have known better?  Does the school have some responsibility to some minimum standard?  Mistakes will happen & I'm ok with that (it is especially understandable for employees who are not medical professionals), but what happens in a case of gross negligence?

I've never sued anybody and have no plans to, but dealing with FA has made me very aware of how everybody is protecting themselves legally (food manufacturers, camps, etc) so I'm just wondering if we are correct in signing away our rights if something goes horribly wrong and it was not just an honest mistake.

I'm kind of in a rush so I may not be reading the language correctly ... I'll try to look at this closer later.  I would imagine that a lot of states will have similar bills soon.

See, here it says "good faith" which seems very reasonable
QuoteNo school employee, including a school nurse, or any other
43 officer or agent of a board of education or nonpublic school, or a
44 physician providing a prescription under a standing protocol for
45 school epinephrine pursuant to subsection f. of section 1 of P.L.
46 1997, c. 368 (C.18A:40-12.5), shall be held liable for any good faith
47 act or omission consistent with the provisions of P.L.1997, c.368
48 (C.18A:40-12.5 et seq.)

I definitely support having general epinephrine for students that seem to be having ana.

I definitely don't want employees hesitating to give epi.  Giving them a lot of legal protection makes sense ... I'm just slightly concerned about what this would mean for the very rare case where the school really did make a huge mistake.

I'm probably overthinking this.

Posted by CMdeux
 - December 12, 2013, 10:23:08 AM
Thank you SO much for posting this, Links!!

:smooch:
Posted by LinksEtc
 - December 12, 2013, 08:50:08 AM
I read about this at KFA & since I know we have some NJ people, I figured I'd post about it here.
http://community.kidswithfoodallergies.org/topic/new-jersey-lurkers-stock-epi-bill-monday

More info ...

On this site
http://www.njleg.state.nj.us/default.asp
Plug in the 16th here
QuoteSelect a date to view the schedule.

Then click on
"Assembly Education" at 1:00

There, you will see
QuoteA2734   Epinephrine-sch. req. to maintain supply

http://www.njleg.state.nj.us/2012/Bills/A3000/2734_I1.PDF

QuoteSYNOPSIS
Requires schools to maintain supply of epinephrine and permit administration of epinephrine to any student having anaphylactic reaction.

--------------------------

QuoteThe policy developed by a board of education or chief school administrator of a nonpublic school shall require:
(1) the placement of a pupil's prescribed epinephrine in a secure but unlocked location easily accessible by the school nurse and

Quotedesignees to ensure prompt availability in the event of an allergic
2 emergency at school or at a school-sponsored function. The
3 location of the epinephrine shall be indicated on the pupil's
4 emergency care plan. Back-up epinephrine shall also be available
5 at the school if needed;
6 (2) the school nurse or designee to be promptly available on site
7 at the school and school-sponsored functions in the event of an
8 allergic reaction; and

QuoteCurrent law requires boards of education and nonpublic school
14 administrators to develop policies concerning the emergency
15 administration of epinephrine to a student provided that the
16 student's parent or guardian provides written authorization for
17 administration of the epinephrine and written orders from a
18 physician that the student requires epinephrine for anaphylaxis.
19 This bill would amend the law concerning the emergency
20 administration of epinephrine to require that school nurses and
21 trained designees be permitted to administer epinephrine to any
22 student whose parent has not met the prior authorization and
23 physician order requirements when the nurse or designee in good
24 faith believes that the student is having an anaphylactic reaction.
25 The bill also would require that public and nonpublic schools
26 maintain in a secure but unlocked and easily accessible location a
27 supply of epinephrine auto-injectors that is prescribed under a
28 standing protocol from a licensed physician and is accessible to the
29 school nurse and trained designees for administration to a pupil
30 having an anaphylactic reaction. The bill also amends the law
31 providing immunity from liability to school employees and agents
32 for good faith acts or omissions concerning the emergency
33 administration of epinephrine to specifically include a physician
34 providing a prescription under a standing protocol for school
35 epinephrine.