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Bill

S 3728

Requires school districts to maintain supply of nasal rescue medication and oxygen for seizure emergencies; provides for training of designees to administer nasal rescue medication and oxygen when school nurse is not physically present.

2026-2027 Regular Session Introduced by Tony Bucco and 2 co-sponsors

Requires schools to stock nasal seizure meds and oxygen and authorize trained designees to administer them during seizures when a nurse isn’t present.

Introduced in the Senate, Referred to Senate Education Committee
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Bill Summary · S 3728

Summary of Bill S 3728 (Session 222) – New Jersey

Purpose and intent

S 3728 requires school districts to ensure the availability of nasal rescue medications and oxygen for seizure emergencies in schools and at school-sponsored events. The bill aims to improve prompt treatment for seizures by mandating a district-wide supply and establishing trained designees who can administer the medications when a school nurse is not physically present.

Key provisions

  • Seizure action plan integration: The requirements apply as part of the seizure action plan implemented under existing law (P.L.2019, c.290).

  • Medical supplies and equipment:

    • Each school district must maintain:
    • Diazepam nasal spray and midazolam nasal spray (and other similar approved nasal rescue meds identified in the seizure action plan).
    • Portable oxygen delivery devices.
    • All supplies must be in secure but unlocked locations that are easily accessible to the school nurse and trained designees throughout the building.
    • The school nurse designates locations for these supplies.

  • Administration and designees:

    • The school nurse has primary responsibility for administering nasal rescue medications and oxygen.
    • The nurse may designate additional district employees to administer medications and oxygen when the nurse is not present, following a formal process.
    • Designees must be:
    • Properly trained using standardized training protocols developed by the Department of Education (DOE) in consultation with the Department of Health (DOH).
    • Authorized by written parental consent to have the designees administer the medications and oxygen.
    • Informed in writing by the district that the district and its employees/agents have no liability for injuries arising from administration.
    • Covered by a parental indemnity and hold-harmless agreement.
    • Granted permission for the school year, with renewal contingent on meeting the above requirements.

  • Training protocols:

    • DOE and DOH will establish standardized training protocols, with input from the New Jersey School Nurses Association.
    • Protocols are distributed at the start of each school year and updated as needed.

  • Reimbursement and funding:

    • DOE must reimburse school districts for certain costs associated with implementing the act.
    • DOE may accept private or nonprofit contributions to offset state reimbursement costs.

  • Effective date and implementation:

    • The act takes effect 90 days after enactment, with the Commissioner of Education authorized to take anticipatory actions for timely implementation.

Who is affected

  • Public school districts and their boards of education.
  • School nurses and designated district employees who may administer nasal rescue medications and oxygen.
  • Students with seizure disorders who may require nasal rescue medications and oxygen during school hours or school-sponsored events.
  • Parents/guardians, who must consent in writing and acknowledge liability terms.

Procedural and timeline notes

  • Legislative action: Introduced in the Senate on March 5, 2026; referred to Senate Education Committee.
  • Implementing actions would be planned annually, with protocols updated as needed and reimbursement mechanisms established by the DOE.

This bill seeks to standardize readiness for seizure emergencies, expand access to life-saving medications, and provide clear training and liability procedures to support safe administration by trained school staff when a nurse is not present.

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

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