The bill amends Section 16-21-22 of the General Laws in Chapter 16-21, titled "Health and Safety of Pupils," to enhance the management of allergic emergencies, particularly anaphylaxis, in schools. It requires the Department of Elementary and Secondary Education or the Department of Health to develop and implement policies that permit students diagnosed with asthma, a condition that may lead to bronchospasm or anaphylaxis, to possess and self-administer inhaled asthma medications or auto-injectable or intranasal epinephrine during the school day, at school-sponsored activities, or while on school property.

The policies must include provisions for obtaining written consent from a parent or legal guardian and written notice from the student's primary care provider or specialist, which identifies the student, confirms the diagnosis, and specifies the medication and its administration details. Additionally, the bill mandates the development of an individualized health care plan for students with life-threatening conditions if one does not already exist.

The bill also establishes immunity for school personnel, including teachers, administrators, and bus drivers, from civil damages resulting from the administration of emergency medications such as epinephrine and asthma inhalers, provided their actions do not constitute gross negligence or willful misconduct. Furthermore, it requires schools to maintain a stock of undesignated auto-injector epinephrine, FDA-approved rescue inhalers, and ready-to-use nasal or injectable glucagon, ensuring these are readily accessible for trained personnel to administer in emergencies. This legislation is set to take effect on January 1, 2027.

Statutes affected:
2855: 16-21-22