I support the general stuff in bills like this - I think this has the potential to save lives. There are some really good things in this bill
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The only thing that gives me some pause is wording like this
d. the parents or guardians of the pupil sign a statement acknowledging their understanding that the district or the nonpublic school shall have no liability as a result of any injury arising from the administration of the epinephrine via a pre-filled auto-injector mechanism to the pupil and that the parents or guardians shall indemnify and hold harmless the district and its employees or agents or the nonpublic school and its employees or agents against any claims arising out of the administration of the epinephrine via a pre-filled auto-injector mechanism; and
A lot of previous wording for stuff like this talked about "good faith" mistakes, but what if somebody makes a huge mistake & they really should have known better? Does the school have some responsibility to some minimum standard? Mistakes will happen & I'm ok with that (it is especially understandable for employees who are not medical professionals), but what happens in a case of gross negligence?
I've never sued anybody and have no plans to, but dealing with FA has made me very aware of how everybody is protecting themselves legally (food manufacturers, camps, etc) so I'm just wondering if we are correct in signing away our rights if something goes horribly wrong and it was not just an honest mistake.
I'm kind of in a rush so I may not be reading the language correctly ... I'll try to look at this closer later. I would imagine that a lot of states will have similar bills soon.
See, here it says "good faith" which seems very reasonable
No school employee, including a school nurse, or any other
43 officer or agent of a board of education or nonpublic school, or a
44 physician providing a prescription under a standing protocol for
45 school epinephrine pursuant to subsection f. of section 1 of P.L.
46 1997, c. 368 (C.18A:40-12.5), shall be held liable for any good faith
47 act or omission consistent with the provisions of P.L.1997, c.368
48 (C.18A:40-12.5 et seq.)
I definitely support having general epinephrine for students that seem to be having ana.
I definitely don't want employees hesitating to give epi. Giving them a lot of legal protection makes sense ... I'm just slightly concerned about what this would mean for the very rare case where the school really did make a huge mistake.
I'm probably overthinking this.