Bill > S1123

This bill mandates that public school districts and nonpublic schools in New Jersey must make at least one portable anti-choking device available in their cafeterias, nurse's offices, and similar locations, ensuring these devices are easily accessible and clearly marked during school hours and school events. A "portable anti-choking device" is defined as a medical device that uses manual suction to clear an airway obstruction during a choking emergency and is registered with the U.S. Food and Drug Administration as a Class II acute upper airway obstruction device. The Commissioner of Education will establish procedures to ensure the effectiveness of these devices and will approve specific models used by schools. Schools must develop policies for the use of these devices by nurses and employees, which will include ensuring the Commissioner's approval of the devices, implementing standard choking response protocols before using the device, and providing training in airway management and device use to all relevant staff. The Commissioner of Education will also ensure annual educational opportunities on these topics are available and will establish procedures to provide these devices and their replacements to schools at no cost, potentially accepting contributions from private or nonprofit entities. Furthermore, school employees acting in good faith will be protected from liability for acts or omissions related to the use of these devices, excluding willful misconduct or gross negligence. The bill will take effect 180 days after enactment, though the Commissioner can take preparatory actions sooner.

Budget and Finance, Education

https://www.njleg.state.nj.us/bill-search/2026/S1123