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A00299 Summary:

BILL NOA00299
 
SAME ASSAME AS S02747
 
SPONSORRosenthal
 
COSPNSRPaulin, Englebright, Benedetto, Magnarelli, Weprin, Cymbrowitz, Abinanti, DiPietro, Steck, Seawright, Buchwald, Curran
 
MLTSPNSRArroyo, Garbarino, McDonough, Perry, Thiele
 
Add 3001-e, Ed L
 
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.
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A00299 Actions:

BILL NOA00299
 
01/05/2017referred to education
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A00299 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A299
 
SPONSOR: Rosenthal (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: 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.
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A00299 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           299
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 5, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  ROSENTHAL,  PAULIN,  ENGLEBRIGHT, BENEDETTO,
          MAGNARELLI, WEPRIN, CYMBROWITZ, ABINANTI, DiPIETRO, STECK,  SEAWRIGHT,
          BUCHWALD,  CURRAN -- Multi-Sponsored by -- M. of A. ARROYO, GARBARINO,
          McDONOUGH, PERRY, THIELE -- read once and referred to the Committee on
          Education

        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
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The education law is amended by adding a new section 3001-e
     2  to read as follows:
     3    § 3001-e. Epinephrine auto-injector  instruction.    1.  (a)  Teachers
     4  shall  complete  a course or training in the use of an epinephrine auto-
     5  injector within three months of the day  such  person  was  hired  by  a
     6  school  district  or  schools designated under article fifty-six of this
     7  chapter in the state.
     8    (b) Documentation showing the successful completion of the epinephrine
     9  auto-injector instruction required pursuant to  this  section  shall  be
    10  kept in such teacher's personnel file.
    11    2.  The training required pursuant to this section may be performed by
    12  the registered nurse at the school in which the teacher is hired to work
    13  or by a recognized food allergy and anaphylaxis training program through
    14  any method available, including but not limited to courses online or  in
    15  person.
    16    §  2. This act shall take effect immediately and shall apply to class-
    17  room teachers that have been certified after such effective date.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01722-01-7
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