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Discussion Starter · #1 ·
This is a question for teachers, scout leaders, and any other community oriented people who have introduced children to beekeeping. I know schools do it, but I am wondering how they cover themselves regarding liability. I was just awarded a community garden site near my school and I would like to create a mentorship program for my 11-13 year old students. Any advice is greatly appreciated.
 

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I mentored children from age 8 to 18 for decades as an advisor in the 4-H, Beekeeping as is many 4-H programs considered an inherent risk activity. Meaning that an individual of average intelligence should without prior instruction understand that participation in such activities bares certain risk. By requiring every participant to have a parent or legal guardian sign a permission slip, and waiver of liability which explains the inherent risk involved you are generally safe. in most instances people who have previously signed a waiver of liability rarely try to bring suit. However, I would recommend talking to an attorney within your state to ensure you minimize your liability.
 

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I agree with the waiver and permission slip. If I mentored very many, I would have an epi pen or two around. You never know, and they may not even know if allergic.

Might consider distance to emergency services.
 

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Discussion Starter · #5 ·
I don't think that I legally can administer an epipen as their teacher. Its illegal for teachers to give any meds. I have to look into it. Have you ever had problem with an allergic reaction Tenbears?
 

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I don't think that I legally can administer an epipen as their teacher. Its illegal for teachers to give any meds
The Good Samaritan laws here protect anyone providing care in an emergency. Epipens and AED's fall under this. There is even talk of having publicly available Epipens in public eateries for emergency use.

You could also give the epipen to the student to administer themselves.
 

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I don't think that I legally can administer an epipen as their teacher. Its illegal for teachers to give any meds.
Exactly what I was thinking. The epipen should be in the nurses office and someone (medical) would have to be on call for activities when the nurse is not present. I don't believe as a teacher you take on the liability of someone getting stung unless you encouraged a student to not wear protective clothing.

It is a litigious society.
Because I country is predominantly controlled by lawyers, doctors, and individuals with large sums of money.
 

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The Good Samaritan laws here protect anyone providing care in an emergency..
Good Sam laws very State to State, but they do not protect anybody who is not certified competent in the assistance they are providing. So if you zap somebody with an AED, but do not hold an AED certificate or provide CPR without a cert you can be held liable.

No a Teacher could not administer epinephrine. It is a powerful hormone that needs a patient specific script in order to get, so every child would need their own from their PCP and would have to be able to administer it themselves.

It is common practice for flight crews to ask for a nurse or a doctor if somebody begins to have health problems during a flight. As an RN we are advised to not give direct patient care as Good Sam laws do not apply to every State and in an airplane you have know idea what the laws are in the state you are over, Also Professional Liability issuance is licensed state specific. So if I provide care and the patient dies and the family sues, I have no PLI coverage.

There have been cases where nurses and doctors have lost licenses for providing emergency care.
 

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There have been cases where nurses and doctors have lost licenses for providing emergency care.
Medical professionals have a higher duty of care than the general public. The key points of Good Samaritan laws in general or "emergency situation" and "in good faith". If you administer an AED or Epipen in an "emergency situation" and "in good faith" you would be covered. I am not aware of any cases where someone was not protected. In "Boccasile v Cajun Music Limited", even medical professionals were protected.

To the OP, I came across this page which might be helpful: http://www.uft.org/our-rights/epi-pen

Particulary this section - I hope it helps

"What about Liability if I am a staff member designated to administer the epipen in my school?

Given the dire consequences to a child who needs epinephrine but does not receive it in a timely manner, trained employees should not be deterred from administering an Epi-pen for fear of being sued. Therefore, the New York City Law Department has agreed to defend and indemnify any employee who is sued as a result of the administration of an “Epi-pen” pursuant to these procedures.

The emergency administration of epinephrine by a nurse to any adult or non-student having an severe allergic reaction for which there is no previous individual medical order at the school, while outside the scope of employment, would be covered under the Good Samaritan Law, NYS Public Health Law § 3000A.​
 

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See as the OP is in New York we will reference that states law: Public health article 30.

A) No person may operate an automated external defibrillator unless the person has successfully completed a training course in the operation of an automated external defibrillator approved by a nationally-recognized organization or the state emergency medical services council, and the completion of the course was recent enough to still be effective under the standards of the approving organization......

and...

a. no person shall use an epinephrine auto-injector device unless such person shall have successfully completed a training course in the use of epinephrine auto-injector devices approved by the commissioner pursuant to the rules of the department. This section does not prohibit the use of an epinephrine auto-injector device
(i) by a health care practitioner licensed or certified under title eight of the education law acting within the scope of his or her practice, or
(ii) by a person acting pursuant to a lawful prescription.
b. every person, firm, organization and entity authorized to possess and use epinephrine auto-injector devices pursuant to this section shall use, maintain and dispose of such devices pursuant to regulations of the department.
c. every use of an epinephrine auto-injector device purusuant to this section shall immediately be reported to the emergency health care provider....

If you read the Good sam laws there are exceptions to protection from liability, one of which is always "Acting Negligently"... which pretty much is open to interetation, but if you are in direct violation of public health code that seems to be a negligent act.
 

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See as the OP is in New York we will reference that states law: Public health article 30.

A) No person may operate an automated external defibrillator unless the person has successfully completed a training course in the operation of an automated external defibrillator approved by a nationally-recognized organization or the state emergency medical services council, and the completion of the course was recent enough to still be effective under the standards of the approving organization......

and...

a. no person shall use an epinephrine auto-injector device unless such person shall have successfully completed a training course in the use of epinephrine auto-injector devices approved by the commissioner pursuant to the rules of the department. This section does not prohibit the use of an epinephrine auto-injector device
(i) by a health care practitioner licensed or certified under title eight of the education law acting within the scope of his or her practice, or
(ii) by a person acting pursuant to a lawful prescription.
b. every person, firm, organization and entity authorized to possess and use epinephrine auto-injector devices pursuant to this section shall use, maintain and dispose of such devices pursuant to regulations of the department.
c. every use of an epinephrine auto-injector device purusuant to this section shall immediately be reported to the emergency health care provider....

If you read the Good sam laws there are exceptions to protection from liability, one of which is always "Acting Negligently"... which pretty much is open to interetation, but if you are in direct violation of public health code that seems to be a negligent act.
The Good Samaritan law overrides this as long as it is an emergency situation and you acted in good faith.

From the New York State Education Department: http://www.nysed.gov/
"The administration of epinephrine by epi-pen, prescribed by a licensed prescriber, to a student with a known severe allergy needing an anaphylactic treatment agent may be performed by a school staff member responding to an emergency situation. Such a response is permitted under the Medical Practice Act (Education Law §6527[4][a]) and the Nurse Practice Act (Education Law §6908[1][a][iv]) and is covered by the "Good Samaritan Law" (Public Health Law §3000-a)."​

The world is changing, and for good reason the use of Epipen's and AED's and public access to them in being encouraged not discouraged. Most airports, sports arena's and businesses are offering them for public use because they save lives.

I don't want to beat this death, we can agree to disagree, and the OP has to make her own decision. I think the mentorship program is a great idea, and I hope the fear of litigation doesn't prevent her from making it happen.

Cheers,
 

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This sounds like beekeeping... Everyone has a different opinion..this is not exactly accurate,but,it's close. It's the internet it has to be true������
Good Sam laws very State to State, but they do not protect anybody who is not certified competent in the assistance they are providing. So if you zap somebody with an AED, but do not hold an AED certificate or provide CPR without a cert you can be held liable.

No a Teacher could not administer epinephrine. It is a powerful hormone that needs a patient specific script in order to get, so every child would need their own from their PCP and would have to be able to administer it themselves.

It is common practice for flight crews to ask for a nurse or a doctor if somebody begins to have health problems during a flight. As an RN we are advised to not give direct patient care as Good Sam laws do not apply to every State and in an airplane you have know idea what the laws are in the state you are over, Also Professional Liability issuance is licensed state specific. So if I provide care and the patient dies and the family sues, I have no PLI coverage.

There have been cases where nurses and doctors have lost licenses for providing emergency care.
 

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Discussion Starter · #14 ·
Thanks for doing the leg work and digging up some of this information for me. I'm going to look into whether it is covered in the CPR training course that some teachers get. I should be trained to use it for the sake of all the kids who visit the site. I will include specific information and consent in the permission slips that the few kids who will work with bees must complete. I will also see what my principal says. Thanks for the help!
 

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Consider an observation hive. You can do a powerful lot of mentoring around an observation hive.

An alternative is to have the parents attend the hands on portion, then any emergency would be handled by the parent.
 
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