MR. CUBBERLEY

BILL M 210 – 2007

ANAPHYLACTIC STUDENT PROTECTION ACT, 2007

Contents
Section  
1  Definitions
2  Anaphylactic policy
3  Individual anaphylactic plans
4  Preauthorized administration of medication
5  Emergency administration of medication
6  Protection from liability
7  Common law preserved

This Bill requires every school board to establish and maintain an anaphylactic policy setting out risk reduction strategies, a communications plan and a mandatory regular training program, and requiring every school principal to maintain a file and individual plan for each anaphylactic student. It also enables school board employees to administer or supervise student administration of medication in response to an anaphylactic reaction.

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions

1  In this Act:

"anaphylactic student" means a student with an anaphylactic allergy;

"anaphylaxis" means a severe systemic allergic reaction which can be fatal, resulting in circulatory collapse or shock, and "anaphylactic" has a corresponding meaning;

"board" has the same meaning as in the School Act;

"consent" means consent to health care within the meaning of section 6 of the Health Care (Consent) and Care Facility (Admission) Act;

"employee" means a person employed by a board under the School Act, who regularly works at a school;

"individual anaphylactic plan" means an individual plan for an anaphylactic student required under section 2 (1) (d) (i);

"parent" has the same meaning as in the School Act;

"principal" means a person appointed as a principal under section 20 of the School Act;

"school" has the same meaning as in the School Act;

"student" has the same meaning as in the School Act;

Anaphylactic policy

2  (1) Every board must establish and maintain an anaphylactic policy, setting out the following:

(a) strategies that reduce the risk of exposure to anaphylactic causative agents in classrooms and common school area;

(b) a plan for communicating information on life-threatening allergies to employees, students and parents;

(c) mandatory regular training on dealing with life-threatening allergies for all employees and any other person in direct contact with students on a regular basis;

(d) a requirement that every principal

(i) develop and maintain an individual plan for each anaphylactic student,

(ii) ensure that, upon enrollment, parents and students are asked to supply information on students' life-threatening allergies, if any, and

(iii) maintain a file for each anaphylactic student, including

(A) any current treatments,

(B) copies of any prescriptions,

(C) any instructions from health professionals, and

(D) a current emergency contact list.

(2) The following is a student record within the meaning of the School Act:

(a) an individual anaphylactic plan;

(b) any record of information supplied under subsection (1) (d) (ii);

(c) a file maintained under subsection (1) (d) (iii).

Individual anaphylactic plans

3  An individual anaphylactic plan must be consistent with local board policy in the school district, and must include:

(a) information for employees and any other person in direct contact with the student on a regular basis regarding

(i) the type of allergy,

(ii) monitoring and avoidance strategies, and

(iii) appropriate treatments;

(b) a readily accessible emergency procedure for the student, including emergency contact information;

(c) provisions for and information regarding storage of epinephrine auto-injectors, where necessary.

Preauthorized administration of medication

4  (1) An employee may be preauthorized to administer or supervise student administration of medication in response to an anaphylactic reaction, and may do so, if

(a) the information maintained in the student's file under section 2 (1) (d) (iii) remains current, and

(b) consent has been given by the student or a parent, as applicable.

(2) Parents and students are responsible for ensuring that information maintained under section 2 (1) (d) (iii) remains current.

Emergency administration of medication

5  An employee not preauthorized under section 4 may administer an epinephrine auto-injector or other medication prescribed to a student for the treatment of an anaphylactic reaction if the employee has reason to believe that the student is experiencing an anaphylactic reaction.

Protection from liability

6  (1) No action for damages may be brought because of

(a) anything done or omitted, or

(b) any neglect or default

in good faith in response to an anaphylactic reaction under this Act.

(2) Subsection (1) does not provide a defense if an employee has, in relation to the conduct that is the subject matter of the action, been guilty of gross negligence.

Common law preserved

7  Nothing in this Act affects, modifies or in any way interferes with the duties that any person may have under the common law.

 
Explanatory Notes

This Bill requires every school board to establish and maintain an anaphylactic policy setting out risk reduction strategies, a communications plan and a mandatory regular training program, and requiring every school principal to maintain a file and individual plan for each anaphylactic student. It also enables school board employees to administer or supervise student administration of medication in response to an anaphylactic reaction.