New Jersey § 18a:40-12

§ 18a:40-12.

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 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 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 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

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 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 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 ) .