A5066

An Act concerning the administration of ready-to-use undesignated glucagon rescue therapy in public schools and supplementing Chapter 40 of Title 18A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

“Health care professional” means a physician, physician assistant, advanced practice nurse, or other individual who is licensed or whose professional practice is otherwise regulated pursuant to Title 45 of the Revised Statutes, other than a pharmacist, and who, based upon the accepted scope of professional authority, authorizes the provision of diabetes care.

“Individualized emergency health care plan” means a document developed pursuant to section 3 of P.L.2009, c.131 (C.18A:40-12.13) by the school nurse, in consultation with the parent or guardian of a student with diabetes and other appropriate medical professionals, which is consistent with the recommendations of the student’s health care providers and which outlines a set of procedural guidelines that provide specific directions about what to do in a particular emergency situation and is signed by the parent or guardian and the school nurse.

"Ready-to-use undesignated glucagon" means a glucagon rescue therapy approved by the United States Food and Drug Administration that does not require reconstitution for the treatment of severe hypoglycemia in a dosage form that can be rapidly administered to the patient in an emergency, including pre-filled injectable or nasally administered glucagon, prescribed in the name of a school district as provided in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

"School" means any elementary or secondary public school located within this State.

"School employee" means a person employed by a school district.

2. a. A school district shall obtain a standing order of ready-to-use undesignated glucagon rescue therapy, which shall be made available for administration by school employees to students for potentially severe hypoglycemic reactions. Ready-to-use undesignated glucagon prescriptions may be administered by a school employee to a student when authorized in a student’s individualized emergency healthcare plan developed pursuant to section 3 of P.L.2009, c.131 (C.18A:40-12.13). .

b. A school district shall maintain for each school of the district in which a student with diabetes is enrolled, a supply of ready-to-use undesignated glucagon that is obtained pursuant to subsection a. of this section in a secure location that is immediately accessible to school employees. Any supply of ready-to-use undesignated glucagon shall be maintained in accordance with the manufacturer's instructions. A school nurse or school employee designated to administer glucagon pursuant to section 4 of P.L.2009, c.131 (C.18A:40-12.14) may administer undesignated glucagon to a student if administration is permitted in the student’s individualized emergency health care plan developed pursuant to section 3 of P.L.2009, c. 131 (C.18A:40-12.13) and the student’s prescribed glucagon is not available on-site or has expired.

c. Ready-to-use undesignated glucagon may be administered to a student pursuant to this section in any school building, facility, or school bus and offsite for field trips or similar school activities as permitted in the student’s individualized emergency health care plan developed pursuant to section 3 of P.L.2009, c. 131 (C.18A:40-12.13).

d. Immediately after the administration of ready-to-use undesignated glucagon, a school employee shall call 911 for emergency assistance and notify the school nurse, unless the school nurse was the individual administering the undesignated glucagon, and the student's parent or guardian was notified.

3. No school employee, including a school nurse, a school bus driver, a school bus aide, or any other officer or agent of a board of education, shall be held liable for any good faith act or omission consistent with the provisions of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), nor shall an action before the New Jersey State Board of Nursing lie against a school nurse for any such action taken by a person trained in good faith by the school nurse pursuant to this act. Good faith shall not include willful misconduct, gross negligence, or recklessness.

4. The possession and use of syringes consistent with the purposes of this act shall not be considered a violation of applicable statutory or regulatory provisions that may otherwise restrict or prohibit such possession and use.

5. This act shall take effect immediately.

STATEMENT

This bill directs the school to obtain and properly maintain a standing order of ready-to-use undesignated glucagon rescue therapy. This bill also directs authorized school employees to administer the ready-to-use glucagon to a student experiencing severe hypoglycemia. Ready-to-use glucagon rescue therapy is used to treat someone experiencing severe hypoglycemia. Hypoglycemia occurs when a person experiences an abnormally low blood sugar level and is categorized by level of severity, expressed as mild, moderate, or severe hypoglycemia. Failure to treat severe hypoglycemia can lead to unconsciousness, seizures, critical brain damage, and possibly death.

In 2019, about 29 million Americans had diabetes; approximately 244,000 of them were children and adolescents. People with Type 1 and Type 2 diabetes who are treated with insulin are at the highest risk of experiencing a hypoglycemic event. Severe hypoglycemia is the most immediate danger to children with diabetes. Having a ready-to-use undesignated glucagon rescue therapy available to school employees would provide treatment to a student experiencing severe hypoglycemia. This bill would create access to glucagon rescue therapies for any student with diabetes while the student is in the care of school.