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Substitute House Bill No. 6286

Public Act No. 05-144

AN ACT CONCERNING THE EMERGENCY USE OF CARTRIDGE INJECTORS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 52-557b of the general statutes is amended by adding subsection (h) as follows (Effective October 1, 2005):

(NEW) (h) Any person who has completed a course in first aid offered by the American Red Cross, the American Heart Association, the National Ski Patrol, the Department of Public Health or any director of health, as certified by the agency or director of health offering the course, or has been trained in the use of a cartridge injector by a licensed physician, physician's assistant, advanced practice registered nurse or registered nurse, and who, voluntarily and gratuitously and other than in the ordinary course of such person's employment or practice, or is an identified staff member of a before or after school program, day camp or day care facility as provided in section 2 of this act, renders emergency assistance by using a cartridge injector on another person in need thereof, shall not be liable to such person assisted for civil damages for any personal injuries which result from acts or omissions by such person in using a cartridge injector, which may constitute ordinary negligence. The immunity provided in this subsection does not apply to acts or omissions constituting gross, wilful or wanton negligence. For the purposes of this subsection, "cartridge injector" has the same meaning as provided in subdivision (1) of subsection (e) of this section.

Sec. 2. (NEW) (Effective October 1, 2005) (a) For the purposes of this section:

(1) "Before or after school program" means any educational or recreational program for children offered in any building or on the grounds of any school by a local or regional board of education or other municipal agency, or by a private provider, before or after regular school hours, or both, but does not include a program that is licensed by the Department of Public Health;

(2) "Cartridge injector" means an automatic prefilled cartridge injector or similar automatic injectable equipment used to deliver epinephrine in a standard dose for emergency first aid response to allergic reactions;

(3) "Day camp" means any recreational camp program operated by a municipal agency; and

(4) "Day care facility" means any child day care center or group day care home, as defined in subdivisions (1) and (2) of subsection (a) of section 19a-77 of the general statutes, that is excluded from the licensing requirements of sections 19a-77 to 19a-87, inclusive, of the general statutes by subsection (b) of section 19a-77 of the general statutes.

(b) Upon the request and with the written authorization of the parent or guardian of a child attending any before or after school program, day camp or day care facility, and pursuant to the written order of (1) a physician licensed to practice medicine, (2) a physician assistant licensed to prescribe in accordance with section 20-12d of the general statutes, or (3) an advanced practice registered nurse licensed to prescribe in accordance with sections 20-94a and 20-94b of the general statutes, the owner or operator of such before or after school program, day camp or day care facility shall approve and provide general supervision to an identified staff member trained to administer medication with a cartridge injector to such child if the child has a medically diagnosed allergic condition that may require prompt treatment in order to protect the child against serious harm or death. Such staff member shall be trained in the use of a cartridge injector by a licensed physician, physician's assistant, advanced practice registered nurse or registered nurse and shall complete a course in first aid offered by the American Red Cross, the American Heart Association, the National Ski Patrol, the Department of Public Health or any director of health.

Approved June 24, 2005