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See Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
2471
2009-2010 Regular Sessions
I N A S S E M B L Y
January 16, 2009
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Introduced by M. of A. ORTIZ, ESPAILLAT, GALEF, FIELDS, SPANO -- Multi-
Sponsored by -- M. of A. HOOPER, JACOBS, McENENY, PERRY, J. RIVERA,
SEMINERIO, TOWNS, WEISENBERG, WRIGHT -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to the use of epinephrine
by students
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The education law is amended by adding a new section 920 to
2 read as follows:
3 S 920. PUPILS AFFLICTED WITH SEVERE FOOD OR OTHER ALLERGIES. 1. A.
4 THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT AND BOARD OF
5 COOPERATIVE EDUCATIONAL SERVICES SHALL ALLOW PUPILS WHO HAVE BEEN DIAG-
6 NOSED BY A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER WITH
7 A SEVERE FOOD OR OTHER ALLERGY TO CARRY AND USE THE PRESCRIBED MEDICA-
8 TION EPINEPHRINE AND A DEVICE TO SELF-ADMINISTER EPINEPHRINE, SUCH AS AN
9 EPINEPHRINE AUTO-INJECTOR, DURING THE SCHOOL DAY AND DURING SCHOOL SPON-
10 SORED ACTIVITIES THAT OCCUR AFTER THE REGULAR SCHOOL DAY OR OUTSIDE OF
11 THE SCHOOL, WITH THE WRITTEN PERMISSION OF A PHYSICIAN OR OTHER DULY
12 AUTHORIZED HEALTH CARE PROVIDER, AND PARENTAL CONSENT, BASED ON SUCH
13 PHYSICIAN'S OR PROVIDER'S DETERMINATION THAT SUCH PUPIL IS SUBJECT TO
14 ALLERGIC ATTACKS SEVERE ENOUGH TO DEBILITATE SUCH PUPIL. A RECORD OF
15 SUCH PERMISSION SHALL BE MAINTAINED IN THE SCHOOL OFFICE.
16 B. THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT OR BOARD
17 OF COOPERATIVE EDUCATIONAL SERVICES THAT HAS ALLOWED THE USE OF EPINEPH-
18 RINE AND A DEVICE TO SELF-ADMINISTER EPINEPHRINE BY A STUDENT PURSUANT
19 TO THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION SHALL PREPARE FOR
20 EACH SUCH STUDENT AN EMERGENCY ACTION PLAN AND A SEVERE ALLERGY TREAT-
21 MENT PLAN WITH THE ASSISTANCE OF THE PHYSICIAN OF THE PUPIL, WHICH IDEN-
22 TIFIES, AT A MINIMUM, SEVERE ALLERGY TRIGGERS, THE TREATMENT PLAN, AND
23 SUCH OTHER ELEMENTS AS SHALL BE DETERMINED BY THE PHYSICIAN. THE COMMIS-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03400-01-9
A. 2471 2
1 SIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, SHALL ESTABLISH
2 STANDARDS FOR THE DEVELOPMENT OF SUCH PLANS.
3 2. THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT OR BOARD
4 OF COOPERATIVE EDUCATIONAL SERVICES THAT HAS APPROVED THE USE OF
5 EPINEPHRINE AND A DEVICE TO SELF-ADMINISTER EPINEPHRINE BY A STUDENT
6 PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL
7 INFORM THE PARENTS, GUARDIANS OR PERSONS IN PARENTAL RELATION TO THE
8 PUPIL IN WRITING THAT THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCA-
9 TIONAL SERVICES AND ITS EMPLOYEES OR AGENTS SHALL INCUR NO LIABILITY AS
10 A RESULT OF ANY INJURY ARISING FROM THE SELF-ADMINISTRATION OF SUCH
11 MEDICATION BY THE PUPIL. THE PARENTS, GUARDIANS OR PERSONS IN PARENTAL
12 RELATION TO THE PUPIL SHALL SIGN A STATEMENT ACKNOWLEDGING THAT THE
13 DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL INCUR NO
14 LIABILITY AS A RESULT OF ANY INJURY ARISING FROM THE SELF-ADMINISTRATION
15 OF SUCH MEDICATION BY THE PUPIL AND THE PARENTS, GUARDIANS OR PERSONS IN
16 PARENTAL RELATION SHALL INDEMNIFY AND HOLD HARMLESS THE SCHOOL DISTRICT
17 OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND ITS EMPLOYEES AND
18 AGENTS FROM ANY CLAIMS ARISING OUT OF THE SELF-ADMINISTRATION OF SUCH
19 MEDICATION BY THE PUPIL.
20 3. A. EVERY SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES
21 AND NONPUBLIC ELEMENTARY AND SECONDARY SCHOOL IN THIS STATE SHALL
22 REQUIRE AT LEAST ONE DEVICE CONTAINING EPINEPHRINE USED TO ADMINISTER
23 EPINEPHRINE, SUCH AS AN EPINEPHRINE AUTO-INJECTOR, BE MAINTAINED IN THE
24 OFFICE OF THE SCHOOL NURSE OR IN A SIMILAR ACCESSIBLE LOCATION.
25 B. THE COMMISSIONER SHALL PROMULGATE REGULATIONS FOR THE ADMINIS-
26 TRATION OF EPINEPHRINE THROUGH THE USE OF A DEVICE TO ADMINISTER
27 EPINEPHRINE BY THE SCHOOL NURSE OR OTHER PERSON AUTHORIZED BY REGU-
28 LATION. THE REGULATIONS SHALL INCLUDE:
29 (I) A REQUIREMENT THAT EACH CERTIFIED NURSE OR OTHER PERSON AUTHORIZED
30 TO ADMINISTER EPINEPHRINE IN SCHOOLS RECEIVE TRAINING IN ALLERGY MANAGE-
31 MENT AND IN THE USE OF DEVICES TO SELF-ADMINISTER EPINEPHRINE CONSISTENT
32 WITH NATIONALLY RECOGNIZED STANDARDS, INCLUDING, BUT NOT LIMITED TO,
33 THOSE OF THE NATIONAL INSTITUTES OF HEALTH AND THE AMERICAN ASSOCIATION
34 OF ALLERGY AND IMMUNOLOGY.
35 (II) A REQUIREMENT THAT INFORMATION BE PROVIDED TO TEACHING AND OTHER
36 SCHOOL STAFF ABOUT:
37 (1) THE PRESENCE OF STUDENTS IN THE SCHOOL WHO MAY SUFFER FROM SEVERE
38 FOOD OR OTHER ALLERGIES AND THE POTENTIAL CONSEQUENCES OF SUCH ALLER-
39 GIES;
40 (2) THE NEED FOR EPINEPHRINE THROUGH THE USE OF A DEVICE TO ADMINISTER
41 EPINEPHRINE;
42 (3) THE AVAILABILITY OF SUCH MEDICATION FROM THE SCHOOL NURSE OR OTHER
43 PERSON AUTHORIZED BY REGULATION, AND THE USE OF SUCH MEDICATION BY
44 PUPILS AUTHORIZED PURSUANT TO SUBDIVISION ONE OF THIS SECTION; AND
45 (4) THE PROTOCOL TO BE FOLLOWED WHEN A PUPIL EXPERIENCES A SEVERE
46 ALLERGIC REACTION.
47 S 2. This act shall take effect on the one hundred twentieth day after
48 it shall have become a law; provided, however, that effective immediate-
49 ly the commissioner of education is authorized to promulgate rules and
50 regulations for the implementation of this act on such effective date.
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