AN ACT RELATING TO HEALTH AND SAFETY -- HEALTH AND SAFETY OF PUPILS (Provides that where the administration, use, or maintenance of epinephrine within schools and on buses is authorized, this use would include epinephrine auto-injectors and epinephrine nasal sprays)

H7617

2026 -- H 7617
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LC004770
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO HEALTH AND SAFETY -- HEALTH AND SAFETY OF PUPILS

Introduced By:
Representatives Donovan, Cotter, Boylan, Speakman, Fogarty, Biah, and
Tanzi

Date Introduced:
February 11, 2026

Referred To:
House Education
It is enacted by the General Assembly as follows:
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SECTION 1. Section 16-21-22 of the General Laws in Chapter 16-21 entitled "Health and
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Safety of Pupils" is hereby amended to read as follows:
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16-21-22. Allergic emergencies — Anaphylaxis — Use of epinephrine — Immunity
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for those administering.
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(a) The department of elementary and secondary education and the department of health
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shall incorporate into their policies, rules, and regulations pertaining to school health programs a
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procedure for addressing incidents of anaphylaxis (exaggerated allergic reaction) in order to
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provide for the health and safety of children who have been medically identified as being prone to
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anaphylaxis or who show evidence of anaphylaxis. The policies, rules, and regulations shall include
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a procedure whereby a parent or legal guardian of any child may expressly authorize the school
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department and school bus drivers and monitors to administer the epinephrine on his or her child
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in case of an emergency and ensures that the epinephrine is kept in a conspicuous place, readily
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available, and that their proper use is made known to school personnel. School bus drivers and
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monitors shall receive training in the administration of epinephrine. To treat a case of anaphylaxis,
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trained school bus drivers and/or monitors shall administer the epinephrine auto-injector
or
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epinephrine nasal spray, as applicable,
to an identified student.
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(b) The policies, rules, and regulations shall also include a procedure to allow children to
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carry and use prescription inhalers, and auto-injectable epinephrine, while in school, at a school-
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sanctioned function or event, or in transit to and from school or school-sanctioned function or event

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by the school bus service provider; when prescribed by a licensed individual with prescriptive
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privileges. Children who need to carry prescription inhalers and/or auto-injectable epinephrine shall
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provide the school and the school bus service provider with medical documentation that the inhaler
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and/or auto-injectable epinephrine has been legitimately prescribed and that the child needs to carry
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it on his or her person due to a medical condition, but no child shall be disciplined solely for failure
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to provide this documentation in advance.
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(c) Parents shall provide a doctor’s letter or prescription notifying the school and the school
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bus service provider of their child’s allergy and the need to administer epinephrine in an allergic
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emergency.
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(d) No school teacher, school administrator, or school healthcare personnel, school bus
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driver, school bus monitor, or any other school personnel shall be liable for civil damages which
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may result from acts or omissions in use of the epinephrine which may constitute ordinary
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negligence; nor shall the school personnel mentioned in this subsection be liable for civil damages
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which may result from acts or omissions in the use of prescription inhalers by children which may
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constitute ordinary negligence. This immunity does not apply to acts or omissions constituting
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gross negligence or willful or wanton conduct. For the purposes of determining immunity from
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liability under subsection (d) only, the term “other school personnel” shall include any private entity
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providing school bus services and individual school bus drivers and monitors employed or
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otherwise engaged by such school bus service entities.
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(e) School physicians may execute standing orders and prescriptions for school nurses to
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use epinephrine when there are symptoms of anaphylaxis. The school department may permit each
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school within their jurisdiction to maintain epinephrine in cartridge injections for the purpose of
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emergency first aid to students who experience allergic reactions. The department’s policies, rules,
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and regulations shall also include the conditions and procedures for the storage and administration
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of epinephrine for the purpose of emergency first aid to students who experience allergic reactions.
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(f) The student’s parent or guardian is responsible for supplying and replacing, when
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necessary, all prescription medication that is authorized pursuant to this section.
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(g) The administration, use, or maintenance of epinephrine provided for under the
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provisions in this section shall be deemed to include epinephrine auto-injectors, cartridges, and
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nasal sprays.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO HEALTH AND SAFETY -- HEALTH AND SAFETY OF PUPILS
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This act would provide that where the administration, use, or maintenance of epinephrine
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within schools and on buses is authorized, this use would include epinephrine auto-injectors and
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epinephrine nasal sprays
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This act would take effect upon passage.
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