Requires newly certified teachers to be trained in the use of an epinephrine auto-injector; requires such teachers to be certified within 3 months of date of hire.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A228
SPONSOR: Rosenthal L (MS) TITLE OF BILL:
An act to amend the education law, in relation to requiring newly certi-
fied teachers to receive instruction in the use of an epinephrine auto-
injector
PURPOSE:
This bill requires all teachers to be trained in the administration of
epinephrine auto-injector devices.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the education law by adding a new section 3001-e.
Section two sets forth the effective date.
JUSTIFICATION:
Food allergies occur in approximately 8% of children, and according to
the National Institutes of Health, there are 150 deaths per year due to
food allergies. Epinephrine is vital to the survival of a person experi-
encing anaphylaxis (a sudden, potentially fatal reaction to food or
insect stings), however, it must be administered in a timely manner to
be effective.
While every school district has a medical officer, there is no require-
ment that a nurse be present in a school building at all times. Given
the possibility of a delay in getting a licensed healthcare provider to
a child in anaphylaxis shock, it is important that teachers understand
how to use an epi-pen.
It is important to note that any school staff member may administer
epinephrine with an auto injector device in an emergency situation.
Such a response is permitted under the Medical Practice Act (Education
Law § 6527 4 a and the Nurse Practice Act (Education Law § 6906 1 a iv)
and is covered by the 'Good Samaritan Law" (Public Health Law § 3000a),
and therefore carries no liability for the school or employee.
LEGISLATIVE HISTORY:
2021-22:A.523 - Referred to Education; S.8093- Referred to Education
2019-20:A.768 - Referred to Education; S.5738- Referred to Education
2017-18:A.299 - Referred to Education; S.2747- Committed to Rules
2015-16:A.877 - Referred to Education; S.7419- Referred to Education
2013-14: A.759-A - Referred to Education; S.4876 - Referred to Education
2011-12: A.8977-B - Referred to Education; S.5458-B - Referred to Educa-
tion
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This bill shall take effect immediately and shall apply to classroom
teachers that have been certified after such effective date.
