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A08249 Summary:

BILL NO    A08249A

SAME AS    SAME AS S06208-A

SPONSOR    Rosenthal

COSPNSR    Schimel, Weprin

MLTSPNSR   Millman

Add S3000-cc, Pub Health L

Requires epinephrine auto-injectors in schools; requires training in the
administration of epi-pens where a student is reasonably believed to be
suffering from anaphylaxis.
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A08249 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        8249--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   November 6, 2013
                                      ___________

       Introduced  by M. of A. ROSENTHAL, SCHIMEL, WEPRIN -- Multi-Sponsored by
         -- M. of A.  MILLMAN -- read once and referred  to  the  Committee  on
         Health -- reported and referred to the Committee on Codes -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee

       AN  ACT to amend the public health law, in relation to epinephrine auto-
         injectors in schools

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  The  public health law is amended by adding a new section
    2  3000-cc to read as follows:
    3    S 3000-CC. EPINEPHRINE IN SCHOOLS. 1.  FOR PURPOSES OF THIS SECTION:
    4    (A) "ANAPHYLAXIS" MEANS A POTENTIALLY LIFE-THREATENING HYPERSENSITIVI-
    5  TY OR ALLERGIC REACTION TO A SUBSTANCE.
    6    I. SYMPTOMS OF ANAPHYLAXIS MAY INCLUDE SHORTNESS OF BREATH,  WHEEZING,
    7  DIFFICULTY  BREATHING, DIFFICULTY TALKING OR SWALLOWING, HIVES, ITCHING,
    8  SWELLING, SHOCK, OR ASTHMA.
    9    II. CAUSES OF ANAPHYLAXIS MAY INCLUDE, BUT ARE NOT LIMITED TO,  INSECT
   10  STINGS OR BITES, FOODS, DRUGS, AND OTHER ALLERGENS, AS WELL AS IDIOPATH-
   11  IC OR EXERCISE-INDUCED ANAPHYLAXIS.
   12    (B)  "TRAINED  PERSONNEL"  WITH  RESPECT TO AN ELEMENTARY OR SECONDARY
   13  SCHOOL SHALL MEAN AN INDIVIDUAL:
   14    I. WHO HAS BEEN DESIGNATED BY  THE  PRINCIPAL  (OR  OTHER  APPROPRIATE
   15  ADMINISTRATIVE  STAFF)  OF  THE  SCHOOL  TO  ADMINISTER EPINEPHRINE ON A
   16  VOLUNTARY BASIS OUTSIDE THEIR SCOPE OF EMPLOYMENT;
   17    II. WHO HAS RECEIVED TRAINING IN THE  ADMINISTRATION  OF  EPINEPHRINE;
   18  AND
   19    III.  WHOSE TRAINING IN THE ADMINISTRATION OF EPINEPHRINE MEETS APPRO-
   20  PRIATE MEDICAL STANDARDS.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11654-06-4
       A. 8249--A                          2

    1    2. (A) EACH SCHOOL SHALL TRAIN SCHOOL PERSONNEL TO ADMINISTER EPINEPH-
    2  RINE TO ANY STUDENT OF THE SCHOOL REASONABLY BELIEVED  TO  BE  SUFFERING
    3  FROM ANAPHYLAXIS.
    4    (B) THE MINIMUM TRAINING PROVIDED BY EACH SCHOOL IN THE ADMINISTRATION
    5  OF EPINEPHRINE SHALL INCLUDE BUT NOT BE LIMITED TO:
    6    I.  TECHNIQUES  FOR  RECOGNIZING CIRCUMSTANCES, SIGNS, AND SYMPTOMS OF
    7  ANAPHYLAXIS; AND
    8    II. STANDARDS AND PROCEDURES FOR PROPER STORAGE AND EMERGENCY  USE  OF
    9  EPINEPHRINE AUTO-INJECTORS.
   10    3.  EACH SCHOOL SHALL MAINTAIN AT LEAST TWO EPINEPHRINE AUTO-INJECTORS
   11  (EPI-PENS) IN SEPARATE, SECURE LOCATIONS THAT ARE EASILY  ACCESSIBLE  BY
   12  THE RELEVANT TRAINED PERSONNEL OF THE SCHOOL FOR THE PURPOSE OF ADMINIS-
   13  TRATION TO ANY STUDENT OF THE SCHOOL REASONABLY BELIEVED TO BE SUFFERING
   14  FROM ANAPHYLAXIS.
   15    4.  EACH  SCHOOL IS REQUIRED TO HAVE IN PLACE A PLAN FOR HAVING ON THE
   16  PREMISES OF THE SCHOOL DURING ALL OPERATING HOURS, ONE OR MORE  INDIVID-
   17  UALS WHO ARE TRAINED PERSONNEL IN THE ADMINISTRATION OF EPINEPHRINE.
   18    5.  EACH  SCHOOL  SHALL SEND NOTIFICATION HOME AT THE BEGINNING OF THE
   19  SCHOOL YEAR TO ALL PARENTS  AND/OR  GUARDIANS  INFORMING  THEM  THAT  AN
   20  EPINEPHRINE  AUTO-INJECTOR  COULD  BE ADMINISTERED TO THEIR CHILD IN THE
   21  EVENT OF AN ANAPHYLACTIC REACTION.
   22    6. SCHOOL OFFICIALS SHALL OBTAIN EPI-PENS FROM THE APPROPRIATE MEDICAL
   23  PROFESSIONALS, BUT A PRESCRIPTION IS NOT  REQUIRED  FOR  THEIR  ADMINIS-
   24  TRATION.
   25    7. SCHOOL OFFICIALS SHALL CALL 911 EMERGENCY SERVICES AS SOON AS SAFE-
   26  LY POSSIBLE AFTER ADMINISTERING AN EPI-PEN.
   27    8.  SCHOOLS  AND/OR STAFF MEMBERS WHO ARE OTHERWISE IN COMPLIANCE WITH
   28  THE REQUIREMENTS OF THIS SECTION  SHALL  NOT  BE  HELD  LIABLE  FOR  THE
   29  REASONABLE AND GOOD FAITH ADMINISTRATION OF THE EPI-PEN PURSUANT TO THIS
   30  SECTION.
   31    S  2.  This  act shall take effect on the ninetieth day after it shall
   32  have become a law.
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