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A08249 Summary:

COSPNSRSchimel, Weprin
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:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                   IN ASSEMBLY
                                    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    § 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.

        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    §  2.  This  act shall take effect on the ninetieth day after it shall
    32  have become a law.
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