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A181
ASSEMBLY, No. 181
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman DAWN FANTASIA
District 24 (Morris, Sussex and Warren)
SYNOPSIS
���� Expands epinephrine administration mechanisms
permitted in schools.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning the administration of epinephrine in schools
and amending P.L.1997, c.368.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 1 of P.L.1997,
c.368 (C.18A:40-12.5) is amended to read as follows:
���� 1.��� Each board of education
or chief school administrator of a nonpublic school shall develop a policy in
accordance with the guidelines established by the Department of Education
pursuant to section 4 of P.L.2007, c.57 (C.18A:40-12.6a) for the emergency administration
of epinephrine via
[
a
pre-filled auto-injector
]
an FDA approved
mechanism to a pupil for anaphylaxis provided that:
���� a.��� the parents or guardians
of the pupil provide to the board of education or chief school administrator of
a nonpublic school written authorization for the administration of the
epinephrine;
���� b.��� the parents or guardians
of the pupil provide to the board of education or chief school administrator of
a nonpublic school written orders from the physician or advanced practice nurse
that the pupil requires the administration of epinephrine for anaphylaxis;
���� c.��� ���� the board or chief
school administrator of a nonpublic school informs the parents or guardians of
the pupil in writing that the district and its employees or agents or the
nonpublic school and its employees or agents shall have no liability as a result
of any injury arising from the administration of the epinephrine via
[
a pre-filled
auto-injector
]
an FDA approved
mechanism;
���� d.��� 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
]
an FDA approved
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
]
an FDA approved
mechanism; and
���� e.��� the permission is
effective for the school year for which it is granted and is renewed for each
subsequent school year upon fulfillment of the requirements in subsections a.
through d. of this section.
���� The 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 designees to ensure prompt availability in
the event of an allergic emergency at school or at a school-sponsored
function.� The location of the epinephrine shall be indicated on the pupil's
emergency care plan.� Back-up epinephrine via
[
a
pre-filled auto-injector
]
an FDA approved
mechanism shall also be available at the school if
needed;
���� (2)� the school nurse or
designee to be promptly available on site at the school and school-sponsored
functions in the event of an allergic reaction; and
���� (3)� the transportation of the
pupil to a hospital emergency room by emergency services personnel after the
administration of epinephrine, even if the pupil's symptoms appear to have
resolved.
���� f.���� The policy developed by
a board of education or chief school administrator of a nonpublic school shall
also:
���� (1)�� permit the school nurse
or trained designee to administer epinephrine via
[
a pre-filled auto-injector
]
an FDA
approved
mechanism to any pupil without a known history of anaphylaxis or
any pupil whose parent or guardian has not met the requirements of subsections
a., b., and d. of this section and has not received the notice required
pursuant to subsection c. of this section when the nurse or designee in good
faith believes that the pupil is having an anaphylactic reaction; and
���� (2)� require each public and
nonpublic school to maintain in a secure but unlocked and easily accessible
location a supply of
[
epinephrine
auto-injectors
]
FDA approved epinephrine
administration devices
that is
prescribed under a standing protocol from a licensed physician or an advanced
practice nurse, and is accessible to the school nurse and trained designees for
administration to a pupil having an anaphylactic reaction.
(cf: P.L.2015, c.13, s.1)
���� 2.��� Section 2 of P.L.1997,
c.368 (C.18A:40-12.6) is amended to read as follows:
���� 2.��� The policy for the
administration of medication to a pupil shall provide that the school nurse
shall have the primary responsibility for the administration of the
epinephrine.� The school nurse shall designate, in consultation with the board
of education, or chief school administrator of a nonpublic school additional
employees of the school district or nonpublic school who volunteer to
administer epinephrine via
[
a
pre-filled auto-injector
]
an FDA approved
mechanism to a pupil for anaphylaxis when the nurse is
not physically present at the scene.� In the event that a licensed athletic
trainer volunteers to administer epinephrine, it shall not constitute a
violation of the "Athletic Training Licensure Act," P.L.1984, c.203
(C.45:9-37.35 et seq.).
���� Except as otherwise provided
pursuant to subsection f. of section 1 of P.L.1997, c.368 (C.18A:40-12.5), the
school nurse shall determine that:
���� a.��� the designees have been
properly trained in the administration of the epinephrine via
[
a pre-filled
auto-injector
]
an FDA approved
mechanism using standardized training protocols
established by the Department of Education in consultation with the Department
of Health;
���� b.��� the parents or guardians
of the pupil consent in writing to the administration of the epinephrine via
[
a pre-filled
auto-injector
]
an FDA approved
mechanism by the designees;
���� c.��� the board or chief
school administrator of a nonpublic school informs the parents or guardians of
the pupil in writing that the district and its employees or agents or the
nonpublic school and its employees and agents shall have no liability as a
result of any injury arising from the administration of the epinephrine to the
pupil;
���� d.��� the parents or guardians
of the pupil sign a statement acknowledging their understanding that the
district or 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
]
an FDA approved
mechanism to the pupil and that the parents or guardians
shall indemnify and hold harmless the district and its employees or agents
against any claims arising out of the administration of the epinephrine via
[
a pre-filled
auto-injector
]
an FDA approved
mechanism to the pupil; and
���� e.��� the permission is
effective for the school year for which it is granted and is renewed for each
subsequent school year upon fulfillment of the requirements in subsections a.
through d. of this section.
���� The Department of Education,
in consultation with the Department of Health, shall require trained designees
for students enrolled in a school who may require the emergency administration
of epinephrine for anaphylaxis when the school nurse is not available.
���� Nothing in this section shall
be construed to prohibit the emergency administration of epinephrine via
[
a pre-filled
auto-injector
]
an FDA approved
mechanism to a pupil for anaphylaxis by the school nurse
or other employees designated pursuant to this section when the pupil is
authorized to self-administer epinephrine pursuant to section 1 of P.L.1993,
c.308 (C.18A:40-12.3), or when there is a coexisting diagnosis of asthma, or
when a prescription is received from a licensed health care professional for
epinephrine coupled with another form of medication, or when the epinephrine is
administered pursuant to subsection f. of section 1 of P.L.1997, c.368
(C.18A:40-12.5).
(cf: P.L.2015, c.13, s.2)
���� 3.��� This act shall take
effect immediately.
STATEMENT
���� This bill modifies current law
regulating the method in which epinephrine is administered in schools during
emergency circumstances where a pupil is experiencing anaphylaxis.�
Specifically, the bill amends current law requiring the use of a pre-filled auto-injector
mechanism to administer epinephrine in a school setting to allow any FDA
approved epinephrine administration mechanism to be used during an in-school
anaphylaxis emergency.