Anaphylactic Students Protection Act, 2002 Levac, Dave — Bill 167 (37th Parliament, 3rd Session)

Bill 167, 37-3

Ontario — Bills

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Bill 167, Anaphylactic Students Protection Act, 2002

Levac, Dave

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[37] Bill 167 Original (PDF)

Bill 167 2002

An Act to protect

anaphylactic students

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In this Act,

"anaphylaxis" means a severe allergic reaction, which can result in

systemic shock that is often severe and sometimes fatal and "anaphylactic"

has a corresponding meaning; ("anaphylaxie")

"principal" has the same meaning as in the Education Act ;

("directeur d'école")

"school" has the same meaning as in the Education Act .

("école")

Establishment of plan

(1) Every school principal shall

establish and maintain a school anaphylactic plan in accordance with this

section.

Contents of plan

(2) The plan shall include the following:

1. The development and maintenance of strategies that reduce the risk of

exposure to anaphylactic causative agents in classrooms and common school

areas.

2. General communication plans for the dissemination of information on

life-threatening allergies to parents, students and staff of the school.

3. Specific communication plans to communicate relevant information

concerning type of allergy, monitoring and avoidance strategies and

appropriate treatment to all persons who may supervise students who have been

identified as anaphylactic students.

4. Annual training for all staff and, where applicable, for volunteers on

dealing with life threatening allergies.

5. An emergency procedure plan for each identified anaphylactic

student.

6. A system that ensures that a comprehensive and current file that

contains relevant treatment and other information is kept on each identified

anaphylactic student.

7. A system that maintains a current emergency contact list for each

identified anaphylactic student.

8. Storage for additional epinephrine auto-injectors.

9. Registration procedures that require that parents supply information on

life-threatening allergies.

Administration of medication

(1) When medication must be

administered during school hours, school staff may administer the medication

or supervise a student while he or she takes the medication if the school has

the written consent of the student's physician and,

(

a) the student's parent or guardian, if the student is under 18 years of

age; or

(

b) the student, if the student is 18 years of age or older.

Emergency administration of medication

(2) In an emergency situation and without the consent referred

to in subsection (1), school staff may administer an epinephrine

auto-injector or other prescribed medication to a student.

Immunity

(3) No action for damages shall be instituted respecting any

act done in good faith in the execution or intended execution of a school

staff's authorisation under subsection (1) or (2) or for any neglect or

default in execution or performance in good faith of a school staff's

authorisation under subsection (1) or (2) unless the damages are the result

of the school staff's gross negligence.

Commencement

4. This Act comes into force on the day it receives

Royal Assent.

Short title

5. The

short title of this Act is the Anaphylactic

Students Protection Act, 2002 .

EXPLANATORY NOTE

The Bill requires that every school principal establish a school

anaphylactic plan. The plan would, among other things, develop and maintain

strategies to reduce the risk of exposure that could result in anaphylactic

shock at the school, communicate information about life threatening

allergies, arrange for training, develop emergency procedure plans for each

anaphylactic student and maintain current information on file. With consent,

school staff could administer or supervise the administration of medication

that is required to be taken during the school day. In the event of an

emergency involving an anaphylactic student, school staff would be permitted

to administer medication without consent. No action for damages resulting

from administering medication would be permitted unless the damages were the

result of gross negligence.

Date Bill stage Activity Committee

June 27, 2002

First Reading

Carried

Debates and Progress

First Reading

June

27, 2002

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 167, 37-3
Type	bill
Volume / chapter	p37 s3 bill 167 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	19890a8f5f398d4085da59e388748d258564e92b

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