New Jersey § 18a:40-3

§ 18a:40-3.

a. A school district shall only utilize or employ for the provision of nursing services

in the public schools of the district persons holding an educational services certificate

with an endorsement as a school nurse issued by the State Board of Examiners, except

for those non-nursing personnel who are otherwise authorized by statute or regulation

to perform specific health related services. Special education students and those with medical needs requiring specialized care

shall have that care rendered by an appropriate provider as appointed by the State Board of Education. No person shall be issued such certificate unless the person is licensed as a registered

nurse pursuant to the provisions of P.L.1947, c. 262 ( C.45:11-23 et seq. ) and meets all of the requirements prescribed by the board for a nursing endorsement. A school district may supplement the services provided by the certified school nurse

with non-certified nurses, provided that the non-certified nurse is assigned to the

same school building or school complex as the certified school nurse. b. A medically fragile student requiring clinical nursing services shall have those

services rendered by a provider of clinical nursing services as defined in this subsection. Nothing in this section shall be construed to exclude a licensed health care service

firm that is approved to provide private duty nursing under the Medicaid Program and

is in compliance with State Board of Education regulations. The parent or legal guardian of a medically fragile student shall have the option

to choose a provider to render clinical nursing services to the student, and the State

Board of Education shall allow the provider chosen by the parent or legal guardian

to render such services to the student only if the cost to the school district remains

neutral. As used in this subsection: “ Medically fragile student ” means a school-aged child who suffers from a life-threatening medical condition,

and as a result of such condition, requires more individualized and continuous care

than is available from a school nurse. “ Clinical nursing services ” means specific health care services, based on a medically fragile student's individualized

education plan and a physician's or advanced practice nurse's orders, as provided

by a registered nurse or licensed practical nurse with specialized pediatric training

who attends to the student. “ Provider of clinical nursing services ” means an agency that renders clinical nursing services and is approved to provide

private duty nursing under the Medicaid program pursuant to P.L.1968, c. 413 ( C.30:4D-1 et seq. ) or the NJ FamilyCare Program pursuant to P.L.2005, c. 156 ( C.30:4J-8 et al.).