A00840 Summary:

BILL NO    A00840A

SAME AS    SAME AS S05500-A

SPONSOR    Ortiz (MS)

COSPNSR    Galef, Boyland, Rosenthal

MLTSPNSR   Hooper, Jacobs, McEneny, Perry, Rivera J, Weisenberg, Wright

Add S921, Ed L

Authorizes students to carry epinephrine and an epinephrine auto-injector in
school.
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A00840 Actions:

BILL NO    A00840A

01/05/2011 referred to education
01/04/2012 referred to education
06/15/2012 amend and recommit to education
06/15/2012 print number 840a
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A00840 Votes:

There are no votes for this bill in this legislative session.
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A00840 Memo:

BILL NUMBER:A840A

TITLE OF BILL:
An  act  to  amend  the  education  law,  in  relation  to  the use of
epinephrine by students

PURPOSE OF BILL:
This bill would allow pupils who have been diagnosed with severe  food
or  other  allergies  to  carry  and  use  the  prescribed  medication
epinephrine and a device to  self-administer  epinephrine  during  the
school day and during school sponsored activities.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Adds a new section 921 to the Education Law

SUMMARY OF SPECIFIC PROVISIONS:
The  education law is amended by adding a new section 921 which allows
students who have been diagnosed by a physician  or  other  authorized
health  care provider with a severe food or other allergy to carry and
use  the  prescribed  medication   epinephrine   and   a   device   to
self-administer epinephrine.

JUSTIFICATION:
The  following  information  is  taken  from  the  American Academy of
Asthma, Allergy and Immunology Position Statement  on  Anaphylaxis  in
Schools:  Life-threatening  severe  allergic  reactions  can cause the
condition Anaphylaxis which is  a  collection  of  symptoms  including
breathing  difficulties  and  a drop in blood pressure or shock, which
are potentially fatal. Common examples of potentially life-threatening
allergies are those to foods and stinging insects.    Life-threatening
allergic  reactions  may also occur to medications or latex rubber and
in association with exercise. It is estimated that 1%  to  2%  of  the
general  population is at risk for anaphylaxis from food allergies and
insect stings, with a lower reported prevalence for drugs  and  latex.
Asthmatic   subjects   are  at  particular  risk.    Approximately  50
anaphylactic deaths caused  by  insect  stings  and  100  food-related
anaphylactic deaths are recognized each year in the U.S.

School  personnel should develop a system of identifying children with
life-threatening allergies to prevent anaphylactic reactions, and they
should also  be  prepared  to  deal  with  those  that  occur  despite
precautions.  It  is  imperative that epinephrine be recognized as the
drug of choice and that all efforts are directed toward its  immediate
use.  Data  clearly  shows that fatalities more often occur a way from
home and are associated with either not using epinephrine or  a  delay
in the use of epinephrine treatment.

All  school  personnel should be aware of those students who have been
prescribed epinephrine. This information should be  readily  available
and reviewed by all personnel.

Staff  members  involved  with  the  child's care should be instructed
about the potentially  severe  nature  and  proper  treatment  of  the
allergic  problem.  This  information  should  be  reviewed  with  the
student's parents before each school year or special activities (e.g.,
school trips). Any questions and possible treatment strategies  should
then be discussed with the parent, the child's physician, or both.


If prescribed, every student should have the epinephrine auto-injector
device  clearly  labeled  with  his  or her name and classroom number.
School personnel should  be  instructed  about  the  location  of  the
medication.

Accidental  food  ingestion  can  occur  despite  avoidance  measures.
Treatment  should  be  immediately  available  for   these   emergency
situations.  Treatment protocols need to be prescribed by a physician.
The school staff should have written  instructions  from  the  child's
physician  and  signed  by the parents, providing easy to follow steps
for recognizing  a  reaction  and  administering  medication.  Several
federal  laws  protect  the rights of disabled children, which include
those with life-threatening food allergies.

Epinephrine injection is available in a number of  self-administration
delivery  devices.  There  are  no  contraindications  to  the  use of
epinephrine for  a  life-threatening  allergic  reaction.  Epinephrine
should  be  kept  in  locations  that are easily accessible and not in
locked cupboards or drawers.  All  staff  members  should  know  these
locations.  Children  old enough to self-administer epinephrine should
carry their own kits.

All students, regardless of whether they are  capable  of  epinephrine
self-administration, will still require the help of others because the
severity   of  the  reaction  may  hamper  their  attempts  to  inject
themselves. Adult supervision is mandatory.

All individuals entrusted with the  care  of  children  need  to  have
familiarity  with  basic  first-aid and resuscitative techniques. This
should include additional formal training on how  to  use  epinephrine
devices.  A  school-wide food allergy awareness program for the staff,
including an allergy emergency drill, should be  developed  to  ensure
that everyone will know what to do if a reaction occurs.

LEGISLATIVE HISTORY:
2004 - A11093
2005 - A.2166 - Referred to Education
2007/2008 - A.3921- Referred to Education
2009/2010 - A.2471 - Referred to Education

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
No fiscal implication.

EFFECTIVE DATE:
120  days after if becomes law; however, the Commissioner of Education
is authorized immediately to promulgate rules and regulations for  the
implementation of this act on such effective date.
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