NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A840A
SPONSOR: Ortiz (MS) 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-adminis-
ter 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 diffi-
culties 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 associ-
ation with exercise. It is estimated that 1% to 2% of the general popu-
lation 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 precau-
tions. 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 prob-
lem. 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 medica-
tion.
Accidental food ingestion can occur despite avoidance measures. Treat-
ment 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 epineph-
rine 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 famili-
arity 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.
