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RSA 200:45 · Immunity

200:45 Immunity. –

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I.

No school district, member of a school board, or school district employee shall be liable in a suit for damages as a result of any act or omission related to a pupil's use of epinephrine pursuant to RSA 200:43, if the provisions of RSA 200:42 have been met, unless the damages were caused by willful or wanton conduct or disregard of the criteria established in that section for the possession and self-administration of epinephrine by a pupil.

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II.

No school that possesses and makes available epinephrine, member of its school board, school nurse, school district employee, agents or volunteers, no health care practitioner that prescribes epinephrine to a school, and no person that conducts the training described in RSA 200:44-a shall be liable for damages as a result of the administration or self-administration of epinephrine , the failure to administer epinephrine, or any other act or omission related to the possession or use of epinephrine , unless the damages were caused by willful or wanton misconduct.

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III.

The administration of epinephrine by designated school personnel pursuant to the provisions of this subdivision shall not require licensure.

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IV.

This section shall not be construed to eliminate, limit, or reduce any other immunity or defense that may be available under state law. Source. 2003, 50:1, eff. Aug. 15, 2003. 2016, 39:3, eff. July 2, 2016. 2025, 204:2, eff. July 1, 2025. Use of Asthma Medications by Pupils

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Source note

Source. 2003, 50:1, eff. Aug. 15, 2003. 2016, 39:3, eff. July 2, 2016. 2025, 204:2, eff. July 1, 2025. Use of Asthma Medications by Pupils

Source history

  • 2003, 50:1, eff. Aug. 15, 2003
  • 2016, 39:3, eff. July 2, 2016
  • 2025, 204:2, eff. July 1, 2025. Use of Asthma Medications by Pupils

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