|SAME AS||SAME AS S06208-A|
|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.|
Go to top
STATE OF NEW YORK ________________________________________________________________________ 8249--A 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. LBD11654-06-4A. 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.