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
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
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
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.
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.
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.