STATE OF NEW YORK
________________________________________________________________________
840--A
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
___________
Introduced by M. of A. ORTIZ, GALEF, BOYLAND, ROSENTHAL -- Multi-Spon-
sored by -- M. of A. HOOPER, JACOBS, McENENY, PERRY, J. RIVERA, WEIS-
ENBERG, WRIGHT -- read once and referred to the Committee on Education
-- recommitted to the Committee on Education in accordance with Assem-
bly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to the use of epinephrine
by students
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 921 to
2 read as follows:
3 § 921. Pupils afflicted with severe food or other allergies. 1. The
4 board of education or trustees of each school district and board of
5 cooperative educational services shall allow pupils who have been diag-
6 nosed by a physician or other duly authorized health care provider with
7 a severe food or other allergy to carry and use the prescribed medica-
8 tion epinephrine and a device to self-administer epinephrine, such as an
9 epinephrine auto-injector, during the school day and during school spon-
10 sored activities that occur after the regular school day or outside of
11 the school, with the written permission of a physician or other duly
12 authorized health care provider, and written parental consent, based on
13 such physician's or provider's determination that such pupil is subject
14 to allergic attacks severe enough to debilitate such pupil. A record of
15 such permission shall be maintained in the school office.
16 2. Notwithstanding any other provision of law, rule or regulation to
17 the contrary no party shall have a cause of action for personal injury
18 or any other claim based on the use of an epinephrine auto-injector by a
19 school district or board of cooperative educational services, its agent,
20 a school officer, employee or volunteer at the school or a school-spon-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03642-02-2
A. 840--A 2
1 sored function, provided that such use was performed reasonably and in
2 good faith.
3 § 2. This act shall take effect on the one hundred twentieth day after
4 it shall have become a law; provided, however, that effective immediate-
5 ly the commissioner of education is authorized to promulgate rules and
6 regulations for the implementation of this act on such effective date.
