The Kentucky House of Representatives passed House Bill 335 on March 24, 2026, by a 78–15 vote, sending the measure to the Senate for further consideration. Known as "Landon’s Law," the bill focuses on how schools handle choking emergencies when additional equipment is available, including training requirements and legal protections for responders.
The legislation followed the 2022 death of eight-year-old Landon McCubbins after standard choking-response efforts did not clear an airway obstruction. HB 335 does not require schools statewide to install anti-choking devices. Instead, it sets conditions for training and legal protection if a school chooses to obtain one.
HB 335 defines an anti-choking device as a portable suction device authorized by the U.S. Food and Drug Administration for marketing and distribution in the United States. That wording follows the federal regulatory change issued on March 4, 2026, when the FDA established a device classification for suction anti-choking devices under 21 CFR 874.5400.
Under that framework, these devices are categorized as a second-line treatment. They are intended for use only after standard basic life support choking measures, such as abdominal thrusts, do not resolve the obstruction. The Kentucky bill tracks that structure without changing the central role of first-line response.
The bill links training requirements to whether a school has an anti-choking device on site. If a school obtains one, cafeteria staff and other expected users must be trained in both standard choking response and device use.
That conditional structure is different from proposals that require universal training across all schools. It leaves room for local adoption decisions while establishing a clear expectation for training where devices are present.
HB 335 also addresses civil liability. The bill provides immunity for individuals and entities that, in good faith, render emergency care using either manual choking-response techniques or an authorized anti-choking device on school property.
For school systems, liability is often a practical factor in emergency-planning decisions. By clarifying legal protection, the bill reduces one of the uncertainties that can slow local adoption.
Kentucky’s approach differs from state proposals that require devices to be placed in specific school locations.
|
Feature |
Kentucky (HB 335) |
New Jersey (A4582 / S1123) |
Practical Difference |
Who Decides |
Operational Effect |
|
Legislative model |
Permissive |
Mandatory |
Kentucky builds around optional local adoption; New Jersey builds around statewide placement rules |
District / school |
Kentucky centers training and immunity once a device is adopted |
|
School coverage |
Public and private schools |
Public and nonpublic schools |
Both reach broad school settings, but the legal structure differs |
State law |
Scope matters less here than implementation design |
|
Device placement |
Determined by school if adopted |
Cafeteria, nurse's office, and similar visible locations |
Kentucky does not prescribe site placement in the same way |
School / district |
Retrieval planning remains local in Kentucky |
|
Training trigger |
Required if device is obtained |
Training required under statewide placement framework |
Kentucky ties training to access; New Jersey ties it to the mandate |
School / state |
Kentucky avoids a blanket statewide training obligation |
|
Funding approach |
Local or private funding pathways |
Includes state reimbursement provisions |
Kentucky leaves more of the funding burden to local adoption pathways |
District / state |
Budget planning is more decentralized in Kentucky |
|
Legal protection |
Explicit civil immunity |
Not the primary focus of the bill |
Kentucky directly addresses responder liability |
State law |
Legal clarity may influence adoption decisions |
HB 335 now moves to the Senate, where it will be reviewed by committee and may be amended before further votes.
For school administrators, the immediate focus remains unchanged: maintaining clear first-line choking response, ensuring staff know their roles, and deciding how additional equipment, if adopted, fits into existing emergency procedures.Kentucky General Assembly – HB 335 record: Official legislative history, vote record, amendment summary, and Senate referral.
Kentucky General Assembly – HB 335 original bill PDF: Original bill language showing definition, training trigger, immunity, and Landon’s Law citation.
FDA safety communication: Federal update confirming that, as of March 4, 2026, one anti-choking device was authorized for marketing and distribution in the U.S. and that the public should continue to follow established choking rescue protocols.
FDA De Novo decision summary (DEN250012): Classification language for suction anti-choking devices as second-line treatment after unsuccessful use of a BLS choking protocol.
Disclaimer
This article is for informational and educational purposes only. It does not provide medical or legal advice. Emergency response in schools should follow current local policies, the latest American Heart Association or Red Cross guidance, and the labeled instructions for any device used.
