§ 17-188.3 Airway clearance devices in schools.
AC § 17-188.3
a. Definitions. For purposes of this section, the following terms have the following meanings: Airway clearance device. The term “airway clearance device” means a medical device registered as a class II acute upper airway obstruction device with the FDA. FDA. The term “FDA” means the federal food and drug administration. School building. The term “school building” means any building or facility in which there is a public school, private school, or charter school. b. Within 180 days after (1) airway clearance devices have received authorization from the FDA for use as choking-rescue devices during choking emergencies for school aged children and (2) either the American Heart Association or the American Red Cross has issued choking-rescue protocols that recommend the use of airway clearance devices during choking emergencies for school aged children, the department of education and each private school and charter school shall stock airway clearance devices in all school buildings under their respective control. FDA registration or listing alone shall not constitute authorization from the FDA for purposes of this section. c. Prior to stocking airway clearance devices pursuant to subdivision b of this section, the department of health and mental hygiene shall offer training to relevant staff from the department of education, private schools, and charter schools in accordance with nationally recognized choking-rescue protocols, including, but not limited to, those issued by the FDA, the American Heart Association, or the American Red Cross. Such training shall be consistent with the most current nationally recognized choking-rescue protocols and shall emphasize that airway clearance devices are intended for use only in the circumstances and sequence specified by such instructions and protocols. (L.L. 2026/004, 1/3/2026, eff. 1/3/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2026/004.
