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Panel testimony splits as committee advances bill to require portable anti‑choking devices in schools
Summary
After testimony from families, nonprofit advocates and manufacturers about lives saved, the committee released S1123, which would require portable airway‑clearance devices in schools; school nurses and education groups expressed safety, efficacy and FDA‑clearance concerns and asked for permissive or phased approaches.
The Senate Education Committee voted to release S1123 with committee amendments after hours of testimony from parents, advocates, device makers and education stakeholders.
Proponents framed the bill as a life‑saving, equity measure. Tony Labate of Equal First Aid and members of Maverick’s Legacy — Kim and Darren Chambers, whose infant son died in a choking incident — urged the committee to require portable airway‑clearance devices as an additional rescue option when standard protocols fail. "If protocol fails or cannot be done, devices are only a backup option," Labate told the panel. Darren Chambers recounted multiple instances his organization helped with donations and said "these devices have been documented to save lives," citing several local saves the group has tracked.
Manufacturers LifeVac (Ryan Warner) and company representative Rick Thatcher testified that the devices are noninvasive, portable and simple to use and should be available in schools like AEDs and epinephrine. Warner said LifeVac offers one free kit to any school that requests it.
Opposition and caution came from school‑based professionals. Jonathan Pushman of the New Jersey School Boards Association and representatives of school nurses and principals raised three core concerns: independent clinical evidence on safety and efficacy is limited; some devices are registered but not FDA approved or cleared for the claimed life‑saving indication; and a statewide mandate risks becoming a first‑line response and could, if not accompanied by training and clear protocols, delay established first‑aid steps. Jenny Lamon and Fran (NJEA and school nurses) suggested district‑level discretion or inclusion in individualized health plans for medically fragile students while more clinical data is gathered.
Committee discussion referenced a New Jersey Department of Health memo urging caution and noted that existing committee amendments had removed reimbursement provisions, required DOE procedures to ensure device efficacy and clarified that devices are to be provided at no cost to the state, school districts, or nonpublic schools. Sponsor Senator Corrado emphasized the bill is written so devices are a last‑resort option and highlighted liability limits added in amendments.
After debate, the committee released S1123 with committee amendments for further legislative consideration. Several senators said they supported the intent to save lives while acknowledging outstanding questions about clinical validation and training requirements.
