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IS YOUR SCHOOL PREPARED TO PROTECT CHILDREN WITH LIFE THREATENING ALLERGIES?

Sabrina's Law

In September 2004 a tragic event occurred at an Ontario school.

A 13 year old girl died fromanaphylactic shock. As a result of this tragedy the Government of Ontario passed a Bill (Bill 3) called Sabrina's Law. This Bill requires that every school board in Ontario establish and maintain an anaphylactic policy and that every school principal maintain a file and develop an individual plan for each pupil who has an anaphylactic allergy. This must include, among other things, details on the type of allergy, monitoring and avoidance strategies, appropriate treatment, a readily accessible emergency procedure and storage for epinephrine auto-injectors where necessary.

The Bill requires that every school board establish and maintain an anaphylactic policy, which must include, among other things, strategies to reduce risk of exposure to anaphylactic causative agents, a communication plan for the dissemination of information on life-threatening allergies, regular training on dealing with life-threatening allergies, a requirement that every school principal develop an individual plan for each pupil who has an anaphylactic allergy and a requirement that every school principal maintain a file for each anaphylactic pupil.

The individual plan for a pupil with an anaphylactic allergy must include details on the type of allergy, monitoring and avoidance strategies and appropriate treatment, a readily accessible emergency procedure for the pupil and storage for epinephrine auto-injectors, where necessary.

Employees of a board may be preauthorized to administer medication or supervise a pupil while the pupil takes medication in response to an anaphylactic reaction, if the school has up-to-date treatment information and the consent of the parent, guardian or pupil. If an employee has reason to believe that a pupil is experiencing an anaphylactic reaction, the employee may administer an epinephrine auto-injector or other medication that is prescribed, even if there is no preauthorisation to do so.

The Bill provides that no actions for damages shall be instituted respecting any act done in good faith or for any neglect or default in good faith in response to an anaphylactic reaction, unless the damages are the result of an employee's gross negligence. The Bill preserves common law duties.

Copyright © 2006
The Legislative Library
Office of the Legislative Assembly of Ontario
Toronto, Ontario, Canada.