AN ACT RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS (Permits students diagnosed with asthma, a condition that may lead to bronchospasm or anaphylaxis, or both, to carry and self-administer asthma medication or auto-injectable or intranasal epinephrine, or both.)

H7896

2026 -- H 7896
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LC005420
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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 EDUCATION -- HEALTH AND SAFETY OF PUPILS

Introduced By:
Representatives Cotter, Carson, Spears, Speakman, McGaw, DeSimone,
Caldwell, Donovan, Ajello, and Shallcross Smith

Date Introduced:
February 27, 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
2
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
Possession, stocking and administration of rescue medications for
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asthma or acute bronchospasm, epinephrine, glucagon -- Immunity for those administering.
6
(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
8
procedure for addressing incidents of anaphylaxis (exaggerated allergic reaction) in order to
9
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 to an
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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-

1
sanctioned function or event, or in transit to and from school or school-sanctioned function or event
2
by the school bus service provider; when prescribed by a licensed individual with prescriptive
3
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.
11

(d)

The department of elementary and secondary education or the department of health
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shall develop and implement policies permitting a student with a diagnosis of asthma, a condition
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that may lead to bronchospasm or anaphylaxis, or both, to possess and self-administer inhaled
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asthma medications or auto-injectable or intranasal epinephrine, or both, during the school day, at
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school-sponsored activities, or while on a school bus or other school property. Such policies shall
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include, but not be limited to, provisions for:
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(1) Written consent of the parent or legal guardian of a student with a diagnosis of asthma,
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a condition that may lead to bronchospasm or anaphylaxis, or both, that the student may self-
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administer inhaled asthma medications or auto-injectable or intranasal epinephrine, or both.
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(2) Written notice from the student's primary care provider or specialist that:
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(i) Identifies the student;
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(ii) States that the student has a diagnosis of asthma, a condition that may lead to
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bronchospasm or anaphylaxis, or both, and has approval to self-administer inhaled asthma
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medications or auto-injectable or intranasal epinephrine, or both, that have been prescribed or
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authorized for the student;
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(iii) Specifies the name and dosage of the medication, the frequency in which it is to be
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administered and certain circumstances which may warrant the use of inhaled asthma medications
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or auto-injectable or nasal epinephrine, such as before exercising or engaging in physical activity
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to prevent the onset of asthma symptoms (such as shortness of breath, wheeze, cough) or to alleviate
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asthma symptoms after the onset of an asthma episode; and
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(iv) Attests to the student's demonstrated ability to safely and effectively self-administer
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inhaled asthma medications or auto-injectable or nasal epinephrine, or both.
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(3) Development of an individualized health care plan, including emergency procedures
34
for any life-threatening conditions, if one does not already exist.

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(b) The department of elementary and secondary education or the department of health
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shall adopt and implement policies for the possession and administration of a stock of undesignated
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auto-injector or nasal epinephrine in every school, to be administered by any school teacher, school
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administrator, or school healthcare personnel, school bus driver, school bus monitor, or any other
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school personnel who is authorized and trained in the administration of auto-injector or nasal
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epinephrine to any student believed to be having an anaphylactic reaction.
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(c) The department of elementary and secondary education or the department of health
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shall adopt and implement policies for the possession and administration of a stock of undesignated
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FDA-approved rescue inhalers and valved holding chambers in every school, to be administered
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by any school teacher, school administrator, or school healthcare personnel, school bus driver,
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school bus monitor, or any other school personnel who is authorized and trained in the
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administration of FDA-approved rescue inhalers and valved holding chambers for any student
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believed in good faith to be in need of such medication who is experiencing bronchospasm or other
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asthma symptoms.
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(d) The department of elementary and secondary education or the department of health
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shall adopt and implement policies for the possession and administration of a stock of undesignated
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ready to use nasal or injectable glucagon in every school, to be administered by any school teacher,
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school administrator, or school healthcare personnel, school bus driver, school bus monitor, or any
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other school personnel who is authorized and trained in the administration of ready to use nasal or
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injectable glucagon for any student believed in good faith to be in need of such medication, such
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as symptoms of hypoglycemia.
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(e) Any school shall maintain a supply of ready to use nasal or injectable glucagon, FDA-
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approved rescue inhalers, valved holding chambers, and nasal or auto-injector forms of
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epinephrine, in any secure location that is immediately accessible to any school teacher, school
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administrator, school healthcare personnel, school bus driver, school bus monitor, or any other
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school personnel trained in the administration of these medications. Any school shall ensure that
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such an emergency supply consists of at least two (2) doses each of: nasal or injectable glucagon,
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FDA-approved rescue inhalers, valved holding chambers, and nasal or auto-injector forms of
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epinephrine.
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(f) Any school may accept donations of nasal or injectable glucagon, FDA-approved rescue
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inhalers, valved holding chambers, and nasal or auto-injector forms of epinephrine from a licensed
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wholesale distributor, manufacturer, pharmacy, or other organization.
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(g)
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

LC005420 - Page 3 of 5
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may result from acts or omissions in use of
the

nasal or injectable glucagon, FDA-approved rescue
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inhalers, valved holding chambers, and nasal or auto-injector forms of
epinephrine which may
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constitute ordinary negligence; nor shall the school personnel mentioned in this subsection be liable
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for civil damages which may result from acts or omissions in the use of prescription inhalers by
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children which may constitute ordinary negligence. This immunity does not apply to acts or
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omissions constituting gross negligence or willful or wanton conduct. For the purposes of
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determining immunity from liability
under subsection (d) only
, the term “other school personnel”
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shall include any private entity providing school bus services and individual school bus drivers and
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monitors employed or 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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SECTION 2. This act shall take effect on January 1, 2027.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS
***
1
This act would require the department of elementary and secondary education or the
2
department of health to develop and implement policies to allow students diagnosed with asthma,
3
a condition that may lead to bronchospasm or anaphylaxis, or both, to carry and self-administer
4
asthma medication or auto-injectable or intranasal epinephrine, or both. This act would further
5
provide immunity to any school teacher, school administrator, or school healthcare personnel,
6
school bus driver, school bus monitor, or any other school personnel for civil damages which may
7
result from the administration of such medications.
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This act would take effect on January 1, 2027.
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