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A 311

Permits school bus driver to administer epinephrine to student in emergency under certain circumstances.

2024-2025 Regular Session Introduced by Vicky Flynn and 2 co-sponsors

Allows trained, volunteer school bus drivers to administer epinephrine to students in an emergency, with parent consent, physician orders, training, and liability protections.

Introduced in the Assembly, Referred to Assembly Education Committee
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Bill Summary · A 311

Summary of New Jersey Bill A-311 (Epipen Administration by School Bus Drivers)

Overview

  • Bill Number: A-311
  • Title: Permits school bus driver to administer epinephrine to student in emergency under certain circumstances
  • Purpose: Allow a school bus driver to administer epinephrine to a student experiencing anaphylaxis in an emergency, under a board of education or nonpublic school policy and specified conditions.
  • Status: Introduced in the Assembly; referred to the Assembly Education Committee
  • Introduced: January 8, 2025
  • Sponsor: Chantel Jackson (primary)
  • Relation to law: Supplements P.L.1997, c.368 (C.18A:40-12.5 et seq.). Requires regulations by the State Board of Education.

What the bill would do (Key Provisions)

  • Volunteer delegation by bus drivers: A district policy may permit a school bus driver to serve as a delegate authorized to administer epinephrine in an emergency, if all conditions are met.
  • Conditions that must be satisfied (per student): 1) Written authorization from the student’s parent/guardian allowing the bus driver to administer epinephrine in an emergency. 2) Written orders from a physician or advanced practice nurse stating the student requires epinephrine for anaphylaxis. 3) Written notice to parents/guardians that the district/school bus contractor and employees, including the bus driver, will have no liability for injuries from epinephrine administered via a pre-filled auto-injector. 4) A signed statement from parents/guardians acknowledging the lack of liability and agreeing to indemnify and hold harmless the district/board, the school, bus contractor, and employees against any claims arising from the administration of epinephrine. 5) The bus driver has volunteered to serve as a delegate and has received proper training in administering epinephrine via a pre-filled auto-injector using standardized training protocols, as established by law. Training must be conducted by a school nurse, school physician, or an approved designee (board/nonpublic school/contractor or a Department of Health–approved entity). If the driver is contractor-employed, the contractor must annually provide an assurance statement to the district/nonpublic school confirming the driver’s volunteer status and training.
  • Epinephrine supply: Parents/guardians must provide a current, unexpired pre-filled auto-injector to the district/nonpublic school for use on the bus during the school year.
  • Annual renewal: Written permission is valid for the school year granted and may be renewed each subsequent year upon meeting the requirements above.
  • Self-administration exception: Nothing prevents emergency epinephrine administration by a bus driver if a student is authorized to self-administer epinephrine under existing law (C.18A:40-12.3).
  • Liability protections: Good-faith actions or omissions consistent with the statute are shielded from liability; liability protection does not apply to willful misconduct, gross negligence, or recklessness.
  • Regulations: The State Board of Education must promulgate regulations to implement the act.

Who is Affected

  • Students with severe allergies/anaphylaxis who require epinephrine and rely on emergency administration.
  • Parents/guardians who must provide authorization, physician/nurse orders, and a current auto-injector; who must sign indemnity/waiver statements.
  • School bus drivers who may volunteer to serve as epinephrine administration delegates and must be trained.
  • Boards of education and nonpublic schools and school bus contractors who must implement policies, ensure training, and manage liability disclosures.
  • School health professionals (nurses/physicians) or approved trainers who conduct training.

Implementation and Timeline

  • Effective date: Immediately upon enactment.
  • Applicability: Applies to the first full school year after enactment.
  • Regulatory framework: Regulations to be issued by the State Board of Education under the Administrative Procedure Act.

Related Context

  • Companions/Related Bills: Companion S-315; related Assembly bills include A-7560, A-4425, A-4857, A-5978, A-3862.
  • Status history: Introduced in 2024 (A-311) and reintroduced in 2025; referred to Assembly Education Committee.
  • Legislative Actions: Initial introduction 2024-01-09; latest action 2025-01-08 (referred to Education).

This bill, if enacted, would formalize a process by which trained, voluntary bus drivers can administer epinephrine to students during emergencies on school buses, with strict conditions, liability protections, and required parental/physician documentation and training.

Compiled from official sources — confirm details with the bill’s official record.

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