SENATE, No. 1123

STATE OF NEW JERSEY

222nd LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

 


 

Sponsored by:

Senator KRISTIN M. CORRADO

District 40 (Bergen, Essex and Passaic)

Senator PARKER SPACE

District 24 (Morris, Sussex and Warren)

 

Co-Sponsored by:

Senators Schepisi, Singleton, Amato and McKnight

 

 

 

 

SYNOPSIS

     Requires portable anti-choking devices be placed in schools.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning the use of portable anti-choking devices in 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.    Each board of education of a public school district and the governing board or chief school administrator of a nonpublic school in the State shall ensure that at least one portable anti-choking device is made available in the cafeteria, the office of the school nurse, and any other similar location.  The devices shall be placed in unlocked and easily accessible locations during the school day and at any other time when a school-sponsored event is taking place.  The locations of each device shall have an appropriate identifying sign.

     As used in this act, “portable anti-choking device” means a portable medical device that uses manually created suction to remove blockage from the airway during a choking emergency and has been registered as a Class II acute upper airway obstruction device with the United States Food and Drug Administration.

 

     2.    Each board of education and the governing board or chief administrator of a nonpublic school shall develop policies for the use of portable anti-choking devices by school nurses and school employees.  The policies shall include a requirement that all school nurses and school employees receive training in airway management and in the removal of any obstruction from the airway using a portable anti-choking device.

 

     3.    The Commissioner of Education shall ensure that annual educational opportunities are made available for school nurses and employees of both public and nonpublic schools regarding airway management and the use of portable anti-choking devices.

 

     4.    The Department of Education shall provide for the reimbursement of the costs incurred by school districts and nonpublic schools in implementing the provisions of this act.  The department shall establish procedures by which a school district or nonpublic school may apply for reimbursement pursuant to this section.  The department is authorized to accept contributions of funds from private or nonprofit entities in order to defray the expenses of the State in reimbursing public and nonpublic schools pursuant to this section.

 

     5.    This act shall take effect on the 180th day after enactment, but the Commissioner of Education may take such anticipatory administrative action in advance as necessary for the timely implementation of this act.

 

 

STATEMENT

 

     This bill requires public and nonpublic schools to ensure that at least one portable anti-choking device is made available in the cafeteria, school nurse’s office, and any other similar location.  A portable anti-choking device is a device that uses manually created suction to remove blockage from a person’s airway during a choking emergency. The devices are to be placed in an unlocked and easily accessible location during the school day and at any other time when a school-sponsored event is taking place.  The bill requires the locations of each portable anti-choking device to have an appropriate identifying sign.  The bill also requires the devices to be registered with the United States Food and Drug Administration as a Class II acute upper-airway obstruction device.

     Each board of education and the governing board or chief administrator of a nonpublic school is required to develop policies for the use of anti-choking devices by school nurses and school employees.  The policies are to include a requirement that all school nurses and school employees receive training in airway management and in the removal of any obstructions from the airway using a portable anti-choking device.  The Commissioner of Education is to ensure that annual educational opportunities are made available for school nurses and employees of both public and nonpublic schools regarding airway management and the use of portable anti-choking devices.

     The bill further requires the Department of Education to reimburse public and nonpublic schools for the costs incurred to implement the provisions of this bill.