Sponsored by:
Assemblyman BRANDON E. UMBA
District 8 (Atlantic, Burlington and Camden)
SYNOPSIS
Requires school districts to implement policy pertaining to use in school setting of medical devices that require utilization of district’s internet.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the use of internet-connected medical devices by students in school districts 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. a. As used in this section, “medical device” means a device prescribed by a licensed health care professional for a student, which device requires access to the school district’s internet to support health care delivery. A medical device may include, but not be limited to, a device for monitoring a patient remotely or a device for transferring patient data from the medical device to another platform.
b. Within 90 days of the effective date of this act, a board of education shall implement a policy and procedures pertaining to the use in the school setting of medical devices in accordance with the provisions of this act. Annually, the school district shall conduct a review of its policy and procedures, making any necessary revisions and additions.
c. A school district’s policy and procedures shall:
(1) require a parent or guardian of a student who seeks to use a medical device to provide the district with the internet requirements of the medical device and such other information as deemed necessary to ensure the proper functioning of the medical device while the student is in the school setting;
(2) include appropriate measures to ensure compliance with applicable laws and regulations regarding data privacy and security and to ensure that any data collected or generated pursuant to the use of the medical device is treated as strictly confidential; and
(3) include a process to obtain an acknowledgement from the parent or guardian of the student using a medical device of the receipt and understanding of the policy and procedures established pursuant to this act.
d. A school district shall establish and maintain the technology infrastructure necessary for students to utilize their medical devices in the school setting. A school district may apply to the Department of Education for a grant from the “Medical Device Technology Fund” established pursuant to subsection g. of this section. The grant shall be used to establish and maintain the technology infrastructure required pursuant to this act.
e. A school nurse shall provide training to appropriate staff in order for them to provide assistance, as necessary, to students in utilizing their medical devices in the school setting.
f. A school district in which a student is using a medical device in the school setting shall report annually to the Commissioner of Education on:
(1) the number of students using a medical device in the school district;
(2) any challenges encountered by the school district in implementing this act and measures taken to address those challenges;
(3) suggestions for amendments to this act; and
(4) any other information deemed appropriate by the commissioner.
g. There is created a special fund in the Department of Education, which shall be designated the "Medical Device Technology Fund." The fund shall be maintained in a separate account and administered by the commissioner to carry out the provisions of this act. The fund shall consist of:
(1) any monies appropriated by the State for the purposes of the fund;
(2) any monies donated for the purposes of the fund; and
(3) all interest and investment earnings received on monies in the fund.
The fund shall be used to offer grants to school districts to establish and maintain the technology infrastructure required pursuant to this act.
2. This act shall take effect immediately.
STATEMENT
This bill concerns the use of medical devices by students in public school settings. Under the bill, a “medical device” is defined as a device prescribed by a licensed health care professional for a student, which device requires access to the school district’s internet to support health care delivery. A medical device may include a device for monitoring a patient remotely or a device for transferring patient data from the medical device to another platform.
Within 90 days of the bill’s effective date, a board of education is required to implement a policy and procedures pertaining to the use in the school setting of medical devices. The policy and procedures are to:
(1) require a parent or guardian of a student who seeks to use a medical device to provide the district with the internet requirements of the medical device and such other information as deemed necessary to ensure the proper functioning of the medical device while the student is in the school setting;
(2) include appropriate measures to ensure compliance with applicable laws and regulations regarding data privacy and security and to ensure that any data collected or generated pursuant to the use of the medical device is treated as strictly confidential; and
(3) include a process to obtain an acknowledgement from the parent or guardian of the student using a medical device of the receipt and understanding of the policy and procedures established pursuant to the bill.
The bill requires a school district to establish and maintain the technology infrastructure necessary for students to utilize their medical devices in the school setting. In order to obtain funding to comply with this requirement, a school district may apply to the Department of Education for a grant made available through the “Medical Device Technology Fund” which is established under the bill.
The bill includes an annual reporting requirement for school districts in which a student is using a medical device in the school setting. The report is to include: the number of students using a medical device in the district; any challenges encountered by the school district in implementing this act and measures taken to address those challenges; suggestions for amendments to this act; and any other information deemed appropriate by the commissioner.