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.
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.
LBD11654-06-4
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 § 2. This act shall take effect on the ninetieth day after it shall
32 have become a law.
