BILL NO. 75

(as introduced)

3rd Session, 61st General Assembly
Nova Scotia
60 Elizabeth II, 2011

Private Member's Bill

Life-threatening Illness Student Support Act

The Honourable Karen Casey
Colchester North

First Reading: November 4, 2011

(Explanatory Note)

Second Reading:

Third Reading:

This Bill requires the Minister of Education to establish and monitor the implementation of a life-threatening illness policy in schools.

1 This Act may be cited as the Life-threatening Illness Student Support Act.

2 Chapter 1 of the Acts of 1995-96, the Education Act, is amended by adding immediately after Section 141 the following Sections:

141A (1) In this Section,

(a) "administration of medication" does not include the treatment of hypoglycemia with juice or other glucose sources when a child with diabetes is conscious;

(b) "life-threatening illness" means any chronic illness such as diabetes, epilepsy and asthma that in certain conditions could lead to death when left untreated or improperly treated.

(2) The Minister shall establish and monitor the implementation of a life-threatening illness policy in schools which must include

(a) strategies that reduce the risk of an emergency occurrence related to a student's life-threatening illness;

(b) a communication plan for the dissemination of information on life-threatening illnesses to parents, students and employees;

(c) regular training on dealing with life-threatening illnesses for all employees and others who are in direct contact with students on a regular basis;

(d) the development of an individual plan for each student who has a life-threatening illness;

(e) a requirement that every school principal ensure that, upon registration, parents, guardians and students are asked to supply information on life-threatening illnesses; and

(f) a requirement that every school principal maintain a file for each student with a life-threatening illness of current treatment and other information, including a copy of any prescriptions and instructions from the student's physician or nurse and an emergency contact list.

(3) An individual plan must be consistent with the Minister's policy and include

(a) details informing employees and others who are in direct contact with the student on a regular basis of the type of life-threatening illness, type of medical care and monitoring required, and treatment guidelines;

(b) a readily accessible emergency procedure for the student, including emergency contact information;

(c) storage for glucagon, epinephrine auto-injectors, inhalers and other emergency supplies, if necessary; and

(d) storage and accessibility to medical supplies and equipment that may be required for ongoing treatment of the illness.

(4) Employees may be pre-authorized to administer medication or supervise a student while the student takes medication in response to a life-threatening illness, if the school has up-to-date maintenance and treatment information and the consent of the parent, guardian or student, as applicable.

141B (1) It is the obligation of a student's parent or guardian and the student to ensure that the information in the student's file is kept up-to-date with the treatment method and emergency-care routine the student requires.

(2) Where an employee has reason to believe that a student is experiencing a life-threatening illness reaction, the employee may administer glucagon, an epinephrine auto-injector or other medication prescribed to the student for the treatment of a life-threatening reaction such as a severe hypoglycemic reaction, anaphylactic shock or epileptic seizure, even if there is no pre-authorization to do so under subsection 141A(4).

141C No action for damages lies respecting any act done in good faith or for neglect or default in good faith in response to a life-threatening illness reaction in accordance with this Act, unless the damages are the result of gross negligence.