[First Reprint]

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, McKnight and Diegnan

 

 

 

 

SYNOPSIS

     Requires portable anti-choking devices be placed in schools.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Education Committee on March 2, 2026, with amendments.

  

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:

 

     11. 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.1

 

     1[1.] 2.  a.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.

      1[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.]

     b.  The Commissioner of Education shall establish procedures to ensure the efficacy of portable anti-choking devices that are permitted to be used by school districts and nonpublic schools in fulfilling the requirements of this act, and the commissioner is authorized to take any other action concerning the use of portable anti-choking devices.1

 

     1[2.] 3.  a.1 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. 

     1b.1 The policies shall 1[include a requirement that] provide, at a minimum, that:

     (1)   the Commissioner of Education approves the specific portable anti-choking devices placed in school buildings pursuant to subsection b. of section 2 of this act;

     (2)   standard choking response protocols established by the American Red Cross, American Heart Association, or other training program recognized by the Department of Health are implemented prior to utilizing a portable anti-choking device; and

     (3)1 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.

 

     1[3.] 4.1  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.

 

     1[4.] 5.1     The 1[Department] Commissioner1 of Education shall 1[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] establish procedures to ensure portable anti-choking devices, and any replacement of those devices, are provided to school districts and nonpublic schools at no cost to the State, the districts, or nonpublic schools1.  The 1[department] commissioner1 is authorized to accept contributions of funds 1[from] or portable anti-choking devices provided by1 private or nonprofit entities in order to 1[defray the expenses of the State in reimbursing public and nonpublic schools pursuant to this section] to effectuate the provisions of this act1.

 

     16. No school employee, including a school nurse, or any other officer or agent of a board of education or nonpublic school shall be held liable for any good faith act or omission consistent with the provisions of this act. Good faith shall not include willful misconduct, gross negligence or recklessness.1

 

     1[5.] 7.1     This act shall take effect on the 180th day after enactment, but the Commissioner of Education may take 1[such] any1 anticipatory administrative action in advance as necessary for the timely implementation of this act.