Requires portable anti-choking devices be placed in schools.

S1123 1R

[First Reprint]

SENATE, No. 1123

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator KRISTIN M. CORRADO

District 40 (Bergen, Essex and Passaic)

Senator PARKER SPACE

District 24 (Morris, Sussex and Warren)

Co-Sponsored by:

Senators Schepisi, Singleton, Amato, McKnight and Diegnan

SYNOPSIS

���� Requires portable anti-choking devices be placed in
schools.

CURRENT VERSION OF TEXT

���� As reported by the Senate Education Committee on
March 2, 2026, with amendments.

��

An Act
concerning the use of portable anti-choking devices in
schools and supplementing chapter 40 of Title 18A of the New Jersey Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

����
1
1. As
used in this act, �portable anti-choking device� means a portable medical
device that uses manually created suction to remove blockage from the airway
during a choking emergency and has been registered as a Class II acute upper
airway obstruction device with the United States Food and Drug Administration.
1

����
1
[
1.
]

2. �a.
1
�Each
board of education of a public school district and the governing board or chief
school administrator of a nonpublic school in the State shall ensure that at
least one portable anti-choking device is made available in the cafeteria, the
office of the school nurse, and any other similar location.� The devices shall
be placed in unlocked and easily accessible locations during the school day and
at any other time when a school-sponsored event is taking place.� The locations
of each device shall have an appropriate identifying sign.

����� 1
[
As used in
this act, �portable anti-choking device� means a portable medical device that
uses manually created suction to remove blockage from the airway during a
choking emergency and has been registered as a Class II acute upper airway
obstruction device with the United States Food and Drug Administration.
]

����
b.� The Commissioner of
Education shall establish procedures to ensure the efficacy of portable
anti-choking devices that are permitted to be used by school districts and
nonpublic schools in fulfilling the requirements of this act, and the
commissioner is authorized to take any other action concerning the use of
portable anti-choking devices.
1

����
1
[
2.
]

3.
�a.
1
Each
board of education and the governing board or chief administrator of a
nonpublic school shall develop policies for the use of portable anti-choking
devices by school nurses and school employees.�

����
1
b.
1
The
policies shall
1
[
include a
requirement that
]

provide, at a minimum, that:

����
(1)�� the Commissioner of
Education approves the specific portable anti-choking devices placed in school
buildings pursuant to subsection b. of section 2 of this act;

����
(2)��
standard choking response protocols established by the American
Red Cross, American Heart Association, or other training program recognized by
the Department of Health are implemented prior to utilizing a portable
anti-choking device
; and

����
(3)
1
all
school nurses and school employees receive training in airway management and in
the removal of any obstruction from the airway using a portable anti-choking
device.

����
1
[
3.
]

4.
1
� The
Commissioner of Education shall ensure that annual educational opportunities
are made available for school nurses and employees of both public and nonpublic
schools regarding airway management and the use of portable anti-choking
devices.

����
1
[
4.
]

5.
1
���� The

1
[
Department
]

Commissioner
1
of
Education shall
1
[
provide for
the reimbursement of the costs incurred by school districts and nonpublic
schools in implementing the provisions of this act.� The department shall
establish procedures by which a school district or nonpublic school may apply
for reimbursement pursuant to this section
]

establish procedures to ensure portable anti-choking devices, and any
replacement of those devices, are provided to school districts and nonpublic
schools at no cost to the State, the districts, or nonpublic schools
1
.� The
1
[
department
]

commissioner
1
is
authorized to accept contributions of funds
1
[
from
]

or portable anti-choking
devices provided by
1

private or nonprofit entities in order to
1
[
defray the expenses of the State
in reimbursing public and nonpublic schools pursuant to this section
]

to
effectuate the provisions of this act
1
.

����
1
6. No
school employee, including a school nurse, or any other officer or agent of a
board of education or nonpublic school shall be held liable for any good faith
act or omission consistent with the provisions of this act. Good faith shall
not include willful misconduct, gross negligence or recklessness.
1

����
1
[
5.
]

7.
1
���� This
act shall take effect on the 180th day after enactment, but the Commissioner of
Education may take
1
[
such
]

any
1

anticipatory administrative action in advance as necessary for the timely
implementation of this act.