Requires school districts to maintain supply of nasal rescue medication and oxygen for seizure emergencies; provides for training of designees to administer nasal rescue medication and oxygen when school nurse is not physically present.

S3728

SENATE, No. 3728

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 5, 2026

Sponsored by:

Senator� ANTHONY M. BUCCO

District 25 (Morris and Passaic)

Senator� TROY SINGLETON

District 7 (Burlington)

SYNOPSIS

���� Requires school districts to maintain supply of nasal
rescue medication and oxygen for seizure emergencies; provides for training of
designees to administer nasal rescue medication and oxygen when school nurse is
not physically present.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning the availability of nasal rescue medication
and oxygen for seizure emergencies in schools and supplementing P.L.2019, c.290
(C.18A:40-12.34 et seq.).

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

���� 1.��� a.� As part of the
implementation of a seizure action plan submitted pursuant to section 2 of
P.L.2019, c.290 (C.18A:40-12.35), each school district shall maintain a supply
of diazepam nasal spray, midazolam nasal spray, and other similar nasal rescue
medications approved for seizures and identified in a seizure action plan
submitted to the school district, as prescribed under a standing protocol from
a licensed physician or an advanced practice nurse, and portable oxygen
delivery devices in secure but unlocked locations easily accessible by the
school nurse and trained designees throughout each school building to ensure
prompt availability in the event of a seizure emergency during school hours and
at any other time when a school-sponsored function is taking place on the
premises of a school building.� The school nurse shall be responsible for
designating locations throughout the building where such nasal rescue
medication and oxygen delivery devices shall be placed.

���� b.��� Nothing in this section
shall be construed to prohibit the use of portable oxygen delivery devices by a
school nurse or trained designees to respond to other medical emergencies that
may occur during school hours or when a school-sponsored function is taking
place on the premises of a school building.

���� 2.��� a.� The school nurse of
each school building shall have the primary responsibility for administration of
nasal rescue medications and oxygen maintained pursuant to subsection a. of
section 1 of P.L.�� ,c.�� (C.�� ) (pending before the Legislature as this
bill).� The school nurse shall designate, in consultation with the board of
education, additional employees of the school district who volunteer to
administer nasal rescue medication and oxygen to a student when the nurse is
not physically present at the scene of a seizure emergency.� The school nurse
shall determine that:

���� (1)�� the designees have been
properly trained in the administration of nasal rescue medication and oxygen
using standardized training protocols established by the Department of
Education in consultation with the Department of Health;

���� (2)�� the parents or guardians
of the student consent in writing to the administration of nasal rescue
medication and oxygen by the designees;

���� (3)�� the board of education
informs the parents or guardians of the student in writing that the district
and its employees or agents shall have no liability as a result of any injury
arising from the administration of nasal rescue medication and oxygen to the
student;

���� (4)�� the parents or guardians
of the student sign a statement acknowledging their understanding that the
district shall have no liability as a result of any injury arising from the
administration of nasal rescue medication and oxygen to the student 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
nasal rescue medication and oxygen to the student; and

���� (5)�� 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 paragraphs (1)
through (4) of this subsection.

���� b.��� In establishing
standardized training protocols pursuant to subsection a. of this section, the
Department of Education and the Department of Health shall consult with the New
Jersey School Nurses Association.� Training protocols developed by the
departments shall be distributed to school districts at the beginning of each
school year and updated as needed.

���� 3.��� The Department of
Education shall provide for the reimbursement of the costs incurred by school
districts in implementing section 1 of P.L.��� , c.���� (C.������� ) (pending
before the Legislature as this bill).� The department shall establish
procedures by which a school district may apply for reimbursement pursuant to
this section.� The department is authorized to accept contributions of funds
from private or nonprofit entities in order to defray the expenses of the State
in reimbursing school districts pursuant to this section.

���� 4.��� This act shall take
effect on the 90th day after enactment, but the Commissioner of Education may
take such anticipatory administrative action in advance as necessary for the
timely implementation of this act.

STATEMENT

���� This bill requires a school
district, as part of the implementation of a seizure action plan, to maintain a
supply of diazepam nasal spray, midazolam nasal spray, and any other similar
nasal rescue medication approved for seizures and identified in a seizure
action plan submitted to the school district, as prescribed under a standing
protocol from a licensed physician or an advanced practice nurse and portable
oxygen delivery devices in secure but unlocked locations easily accessible by
the school nurse and trained designees throughout each school building to
ensure prompt availability in the event of a seizure emergency during school
hours and at any other time when a school-sponsored event is taking place on
the premises of a school building.� The school nurse of each school building
would be responsible for designating locations where such nasal rescue medication
and oxygen delivery devices would be placed.� Nothing in this bill would be
construed to prohibit the use of portable oxygen delivery devices to respond to
other medical emergencies that may occur during school hours or when a
school-sponsored function is taking place on the premises of a school building.�
The school nurse would have the primary responsibility for administering nasal
rescue medication and oxygen but would be able to designate, in consultation
with the board of education, additional employees to administer nasal rescue
medication to a student when the nurse is not physically present at the scene
of a seizure emergency.� The school nurse would also be responsible for
determining that:

�

the
designees have been properly trained in the administration of nasal rescue
medication and oxygen using standardized training protocols established by the
Department of Education in consultation with the Department of Health;

�

the
parents or guardians of the student consent in writing to the administration of
nasal rescue medication and oxygen by the designees;

�

the
board of education informs the parents or guardians of the student in writing
that the district and its employees or agents will have no liability as a
result of any injury arising from the administration of nasal rescue medication
and oxygen to the student;

�

the
parents or guardians of the student sign a statement acknowledging their
understanding that the district will have no liability as a result of any
injury arising from the administration of nasal rescue medication and oxygen to
the student and that the parents or guardians will indemnify and hold harmless
the district and its employees or agents against any claims arising out of the
administration of nasal rescue medication and oxygen to the student; and

�

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 above
requirements.

���� In developing the training
protocols under the bill, the Department of Education and the Department of
Health would be required to: consult with the New Jersey School Nurses
Association; distribute the protocols to school districts at the beginning of
each school year; and update the protocols as needed.� The Department of
Education would be responsible for reimbursing the costs incurred by school
districts implementing certain provisions of the bill.