Would you sign this?

There is absolutely NO WAY in he** I would sign this, EVER!! If they give you a hard time I would get a lawyer.

Quote:Originally posted by Linda-Jo:
[b]
There is one parent part that I was asked to sign and this is what it read:
"I understand that school personnel are not responsible for any problem arising from the effects or the administration of the EpiPen medication. I also understand that the school system can not guarantee that every staff member will be ready, willing and/or able to administer the EpiPen.
I further agree to indemnify and hold harmless the Town of **** and its agents or servants against claims resulting from any and all acts performed under this authority since I recognize that the School Department and its agents or servants are performing acts beyond that required by law. For its part, the Town of *** and its agents or servants understand that all action or omissions will be done in good faith."
I can't sign this because first of all, I DO expect every staff member to be "ready, willing and/or able to administer the EpiPen" in case of an emergency because she is in their care for 6 hours a day. I expect them to react responsibly.
[/b]
first of all, I gotta look at the "able" part.
Not the only thing that comes to mind, but I have *personally* seen grown, apparently healthy, apparently intelligent persons pass clean out at the site of a needle. I also would need to look at the job descriptions of persons working within the system.
Is there a full time RN at the school? Part time? Who provides "Epi Pen Training"? Would persons who willingly accepted training from an RN, for instance, be working under the license of such? Are there any basic requirements possibly you could think of that a person should have prior to being trained to administer such medication (Epi-Pen) to [i]another individual[/i] for whom it is prescribed? If so, should there be standardized training that is documentable that also serves to show the person attained a clear understanding of the procedure and that they willingly accepted the responsibility?
Wondering also: Is every employee of the same school required to learn CPR, for instance? If so, or there are any such persons, [i]who provides the CPR training[/i]?
I'm not offering any advice, just contemplating a lot of questions that come to mind when considering such issues.

Well, if I *had* to sign it, meaning that was the only way my child could go to the school, I would also be certain she carried her own epipen. I am hoping by 3rd grade, my dd would be technically able to use it.
Do they allow your child to have some responsibility in treating herself and carrying her own epinephrine, since they will not take the responsibility to the degree that seems needed? Some schools do not let kids carry their own.
I do understand the nature of the document and that it is to relieve them of lawsuits for trying their best t do the right thing and failing. However, I am with you that it leaves alot of wiggle room for laxity as well. Maybe you can negotiate a similar, yet different waiver? Working in that all employees be trained and willing?
becca

No, I would not sign the waiver. First of all, anyway, I have heard before that such waivers turn out a good % of the time to not hold up in court. Secondly, I think they need a little bit of fear of God (or the courts, whichever the case may be) in them to be vigilent and do the right thing. I understand their side of things, but if they are not being/planning on being negligent, I'm not sure what they are worried about when it comes to court. Is this a public school? If they are getting all officious, I would probably respond in kind with a detailed, lawyer-verified, set in stone 504 and the like. But then, maybe I am vindictive!! At the very least if I were you I would consult with an attorney and review the case law before signing such a thing.

You might want to check on that. I believe that if you do sign it, it doesn't hold up in court, heaven forbid something happened.

Are you USA?
If it were me, I wouldn't talk to the school about it any further until I got more information from a couple places... (If they ask, I'd be nice and thank them for reminding me, that it's on my list,...)
Can you fax this waiver to FAAN and ask them for their comments? I did this for a girl scout health form and Chris Weiss at FAAN was very helpful. You might also want to contact your state dept of education and consult with them. I wouldn't "report" them, just get some information as to if they can actually do this...

Similar to the form I signed. No problem in signing it. My dd is in 4th grade and we are in NJ, USA.
It is a standard form here, and I believe it would not hold up in court either. But, I don't even want to think of it. There are so many forms that go with her medication and 504 plan I just thought of it as another form.
DD has a school nurse who is authorized to use Epi and 2 designees when she is out of the building. Just happens her teacher this year is one of the designees [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img] Lucky us.
Arlene

I was wondering what to do when your child is on the school bus. should the bus drivers be aware and know how to use the EpiPen?

I think the suggestion that you check with FAAN is a great idea. I have always read not to sign these waivers, and I wouldn't want to sign it. But I think it's also true that it wouldn't stand up in court anyway. If this is a public school, they are required to care for your child and I doubt the waiver would protect them if they were actually negligent. I would really resent the wording of that particular waiver--they are saying that in using the epi-pen they are going above and beyond their normal responsibility, and I don't believe that's true.

RE: Bus Drivers
My school nurse, who is in charge of dd's 504 plan, put it in that she must sit in front of the bus and one of the parent responsibilities is to let the driver know. Told the new one on the first day, he put her right in front, no prob. Will let him know what to look for next week. She is really old enough to let them know if she is in trouble.
Our 504 plan has lists of responsibilities for teacher, adm, nurse, cafe workers, parents and child.