Camp counselors \"legally not allowed\" to give epipen?

8 replies [Last post]
By LDR on Tue, 06-27-06, 14:55

I was just speaking with a paramedic at a day camp who told me camp counselors are not allowed by law to administer the epipen. Did I miss something? I've been told in the past that certain employers will not allow their employees to administer the epipen (bus company will not allow their drivers to give epipen), but I thought it was a liability and not a legal issue. Can someone enlighten me?
LDR

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By ajgauthier on Tue, 06-27-06, 15:12

hiya - I was investigating this issue for the day camp I help do admin work for.

It's a big mess really - it depends on the state one is in, how the camp counselors are certified for first aid (as opposed to wilderness first aid certified), how the camp counselors are paid (contract for summer or hourly employees, are they part-time or full-time, etc.)

Some places just don't look into it and have a blanket "no - our first aid is the only one who can do it" for liability/insurance reasons. Again, it depends on the state.

If however, the camp is considering itself for taxes as a "daycare", and some camps do this and some don't, then the counselors are considered daycare employees and there are special rules about epipens and training for them (again, state by state)

If the camp is a part of a larger organization, like of a college or university, then there's a whole other layer about it too - that particular university or college's policies!

So, there are numerous factors and honestly numerous "comfort levels" with camps and their employees, legal or not.

Adrienne

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30-something survivor of severe peanut/tree nut allergy

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By TyTurner on Tue, 06-27-06, 15:46

My son goes to summer camp and that was one of the first things I asked them, if they were trained on using the epi-pen, she said yes all the counsolers were. That doesn't make any sense that someone who is taking care of your child shouldn't be "legally" able to inject your child with the medicine he/she would need. We can do it, uncles/aunts and grandparents, we have no special training. I feel your frustration, I guess when a child has to be rushed to the hospital then they will think twice.

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By LDR on Tue, 06-27-06, 17:23

Adrienne,
If you check back to this posting....Any idea where I can find out about this for my state (New York)?

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By ajgauthier on Tue, 06-27-06, 17:40

Quote:Originally posted by LDR:
[b]Adrienne,
If you check back to this posting....Any idea where I can find out about this for my state (New York)?[/b]

I don't - I was dealing with Arizona.

I just did Googling and Ask.com - various phrases like

Epipen + "First Aid"

I looked at the paramedic and EMT limitations, found some stuff on Epipen + daycare

In the end, since I am at a university, I deferred to the liability/law folks here...

Adrienne

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30-something survivor of severe peanut/tree nut allergy

__________________

***retired from pa.com***

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By krasota on Tue, 06-27-06, 17:55

Our local EMTs can "assist" in giving the epi-pen. This means that if they can get me to wrap my fingers around it, they can help push it in, if it comes to that. I think this is what they'd do with a child, as well, though with minor children, the laws get convoluted.

I just grilled a friend over it last weekend. He's an EMT on the city squad.

ygg

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[b]?You open Your hand and satisfy the desire of every living thing.?[/b]

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By LDR on Tue, 06-27-06, 18:10

This is frustrating. Here's some information about which EMT's can administer the epipen(according to state):

[url="http://www.foodallergy.org/ems.html"]http://www.foodallergy.org/ems.html[/url]

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By BaileyB on Tue, 06-27-06, 19:52

If you read the link provided, there is the following note regarding NY:

*In 1999, New York enacted legislation authorizing all levels of EMTs, employees of summer camps, and others to carry and administer epinephrine following proper training.

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By PeanutKate on Tue, 06-27-06, 20:07

In Canada, I have been told that "duty of care" overrides any other aspect of liability. They have to do what a reasonable parent expects them to do. In Ontario, Day Nurseries Act, Sabrina's Law and Good Samaritan Act apply so issue of giving epi-pens has been banished here finally. We are fortunate.

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