NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2566B
SPONSOR: Ortiz (MS) TITLE OF BILL: An act to amend the education law, in relation to the
use of prescribed auto-injectable epinephrine by students
PURPOSE OF BILL:
This bill would save lives by allowing students who have been diagnosed
with severe feed or other allergies to carry and use prescribed auto-in-
jectable epinephrine during the school day and during school sponsored
activities.
SUMMARY OF SPECIFIC PROVISIONS:
The education law is amended by adding a new section 921 which allows
students who have been diagnosed by a physician or other authorized
health care provider with a severe food or other allergy to carry and
use the prescribed auto-injectable epinephrine elei-pen) during the
school day and during school sponsored activities.
The amendment clarifies that the record of permission to carry and use
the epi-pen will be kept in the school nurse's office or in the school
office if nurse's office is not available.
JUSTIFICATION:
The following information is taken from the American Academy of Asthma,
Allergy and Immunology position Statement on Anaphylaxis in Schools:
Life-threatening severe allergic reactions can cause the condition
Anaphylaxis which is a collection of symptoms including breathing diffi-
culties and a drop in blood pressure or shock, which axe potentially
fatal. Common examples of potentially life-threatening allergies are
those to foods and stinging insects. Life-threatening allergic
reactions may also occur to medications or latex rubber and in associ-
ation with exercise. It is estimated that 1% to 2% of the general popu-
lation is at risk for anaphylaxis from food allergies and insect.
stings, with a lower reported prevalence for drugs and latex. Asthmatic
subjects are at particular risk. Approximately 50 anaphylactic deaths
caused by insect stings and 100 food-related anaphylactic deaths are
recognized each year in the U.S.
School Personnel should develop a system of identifying children with
life-threatening allergies to prevent anaphylactic reactions, and they
should also be prepared to deal with those that occur despite precau-
tions. It is imperative that epinephrine be recognized as the drug of
choice and that all efforts are directed toward its immediate use. Data
clearly shows that fatalities more oftee occur a way from home and are.
associated with either not using epinephrine or a delay it the use of
epinephrine treatment.
All school personnel should be aware of those students who have been
prescribed epinephrine. This information should be readily available and
reviewed by all personnel.
Staff members involved with the child's care should be instructed about
the potentially severe nature and proper treatment of the allergic prob-
lem. This information should be reviewed with the student's Parents
before each school year or special activities (e.g., school trips). Any
questions and possible treatment strategies should then be discussed
with the parent, the child's physician, or both. If prescribed, every
student should have the epinephrine auto-injector device clearly labeled
with his or her name and classroom number. School Personnel should be
instructed about the location of the medication.
Accidental food ingestion can occur despite avoidance measures. Treat-
ment should be immediately available for these emergency situations.
Treatment protocols need to be prescribed by a Physician. The school
staff should have written instructions from the child's physician and
signed by the parents, providing easy to follow steps for recognizing a
reaction and administering medication. Several federal laws protect the
rights of disabled children, which include those with life-threatening
food allergies.
Epinephrine injection is available in a number of self-administration
delivery devices.. There arena contraindications to the use of epineph-
rine for a life-threatening allergic reaction. Epinephrine should be
kept in locations' that are easily accessible and not in locked
cupboards or drawers. All staff members should know these locations.
Children old enough to self-administer epinephrine should carry their
own kits.
All students, regardless of whether they are capable of epinephrine
self-administration, will still require the help of others because the
severity of the reaction may hamper their attempts to inject themselves.
Adult supervision is mandatory.
All individuals entrusted with the care of children need to have famili-
arity with basic first-aid and resuscitative techniques. This should
include additional formal training on how to use epinephrine devices, A
school-wide food allergy awareness program for the staff, including an
allergy emergency drill, should be developed to ensure that everyone
will know what to do if a reaction occurs.
LEGISLATIVE HISTORY:
2004 - A.11093
2005 - A.2186 - Referred to Education
2007/2008- A.3921-Referred to Education
2009/2010- A.2471- Referred to Education
2011/2012- A.840A- Referred to Education
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
120 days after if becomes law; however, the Commissioner of Education is
authorized immediately to promulgate rules and regulations for the
implementation of this act pa such effective date.
STATE OF NEW YORK
________________________________________________________________________
2566--B
2013-2014 Regular Sessions
IN ASSEMBLY
January 16, 2013
___________
Introduced by M. of A. ORTIZ, GALEF, BOYLAND, ROSENTHAL, CURRAN, SIMA-
NOWITZ, ENGLEBRIGHT, RA, McDONOUGH, MONTESANO, ZEBROWSKI, OTIS,
LAVINE, CAHILL, FINCH, RYAN -- Multi-Sponsored by -- M. of A. ABBATE,
BORELLI, BRAUNSTEIN, BRENNAN, COOK, CORWIN, CROUCH, FAHY, GABRYSZAK,
GIBSON, GRAF, HEASTIE, HIKIND, HOOPER, JACOBS, KEARNS, MAYER, McLAUGH-
LIN, MILLMAN, MOYA, PALMESANO, PERRY, RIVERA, SALADINO, SCHIMEL,
SOLAGES, THIELE, TITONE, WALTER, WEISENBERG, WRIGHT -- read once and
referred to the Committee on Education -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to the use of prescribed
auto-injectable 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 921 to
2 read as follows:
3 § 921. Pupils afflicted with severe food or other allergies. 1. The
4 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 prescribed auto-injecta-
8 ble epinephrine, during the school day and during school sponsored
9 activities that occur after the regular school day or outside of the
10 school, with the written permission of a physician or other duly author-
11 ized health care provider, and written parental consent, based on such
12 physician's or provider's determination that such pupil is subject to
13 allergic attacks severe enough to debilitate such pupil. A record of
14 such permission shall be maintained in the office of the school nurse or
15 if not available in the school office.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06864-05-3
A. 2566--B 2
1 2. Notwithstanding any other provision of law, rule or regulation to
2 the contrary no party shall have a cause of action for personal injury
3 or any other claim based on the use of prescribed auto-injectable
4 epinephrine by a school district or board of cooperative educational
5 services, its agent, a school officer, employee or volunteer at the
6 school or a school-sponsored function, provided that such use was
7 performed reasonably and in good faith.
8 § 2. This act shall take effect on the one hundred twentieth day after
9 it shall have become a law; provided, however, that effective immediate-
10 ly the commissioner of education is authorized to promulgate rules and
11 regulations for the implementation of this act on such effective date.
