[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
2. (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
3. (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.