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Bill

Bill

S 908

Requires portable anti-choking devices be placed in schools.

2024-2025 Regular Session Introduced by Carmen Amato and 4 co-sponsors

Requires public and nonpublic schools to have FDA-registered portable anti-choking devices accessible and staff trained in airway management and device use.

Referred to Senate Budget and Appropriations Committee
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Bill Summary · S 908

Summary — S.908: Requires portable anti-choking devices be placed in schools

Status: Introduced March 6, 2025; referred to Senate Budget & Appropriations Committee. Reported favorably by Senate Education Committee (Mar 17, 2025). Hearing scheduled: June 18, 2025 (Gardner Auditorium).

Purpose

To improve emergency response to choking incidents in schools by requiring public and nonpublic schools to maintain accessible, FDA‑registered portable anti‑choking devices and to train school staff in their use.

Key provisions

  • Device placement

    • Each public school board and each nonpublic school governing board/administrator must ensure at least one portable anti‑choking device is available in the cafeteria, the school nurse’s office, and “any other similar location.”
    • Devices must be unlocked and easily accessible during the school day and whenever a school‑sponsored event is taking place.
    • Each device location must have an appropriate identifying sign.
  • Device definition and standards

    • “Portable anti‑choking device” is defined as a portable medical device that uses manually created suction to remove airway blockages and is registered with the U.S. Food and Drug Administration as a Class II acute upper‑airway obstruction device.
  • Policies and training

    • School boards and nonpublic school administrators must develop policies governing device use by school nurses and employees.
    • Policies must require that all school nurses and school employees receive training in airway management and in removing obstructions using the portable device.
    • The Commissioner of Education must ensure annual educational opportunities on airway management and device use are made available to staff of public and nonpublic schools.
  • Reimbursement and funding

    • The Department of Education shall reimburse public and nonpublic schools for costs incurred to implement the law; the department will establish application procedures for reimbursement.
    • The department may accept private or nonprofit contributions to defray state reimbursement costs.
  • Effective date

    • The act would take effect 180 days after enactment; the Commissioner may take anticipatory administrative action before that date.

Who is affected

  • Public school districts (boards of education)
  • Nonpublic schools (governing boards/chief administrators)
  • School nurses and other school employees (training requirement)
  • Students and visitors (beneficiaries of improved emergency response)
  • Department of Education (administration, reimbursement, training oversight)

Fiscal and administrative considerations

  • School systems will incur upfront costs to purchase devices, post signage, develop policies, and train staff; state DOE reimbursement is authorized.
  • The bill allows the state to accept private funds to offset reimbursement expenses.
  • Ongoing costs may include device maintenance, replacement supplies, and recurring staff training.

Sponsors and related measures

  • Sponsors: Mike Rounds (primary), Patrick M. Gallivan (primary); cosponsors: George Borrello, Anthony H. Palumbo, Steve Rhoads.
  • Related/companion bills: A5800, A177; prior/session bills S8200, S407; SD 164 (replacement listed in documents).

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

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