S05500 Summary:

BILL NOS05500A
 
SAME ASSAME AS A00840-A
 
SPONSORRANZENHOFER
 
COSPNSRMAZIARZ, OPPENHEIMER, ROBACH
 
MLTSPNSR
 
Add S921, Ed L
 
Authorizes students to carry epinephrine and an epinephrine auto-injector in school.
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S05500 Actions:

BILL NOS05500A
 
05/26/2011REFERRED TO EDUCATION
01/04/2012REFERRED TO EDUCATION
06/18/2012AMEND AND RECOMMIT TO EDUCATION
06/18/2012PRINT NUMBER 5500A
06/21/2012COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/21/2012ORDERED TO THIRD READING CAL.1462
06/21/2012PASSED SENATE
06/21/2012DELIVERED TO ASSEMBLY
06/21/2012referred to education
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S05500 Floor Votes:

There are no votes for this bill in this legislative session.
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S05500 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5500--A
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                      May 26, 2011
                                       ___________
 
        Introduced  by  Sens.  RANZENHOFER,  MAZIARZ  --  read twice and ordered
          printed, and when printed to be committed to the Committee  on  Educa-
          tion  --  recommitted to the Committee on Education in accordance with
          Senate Rule 6, sec. 8 -- 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-
    21  sored  function,  provided that such use was performed reasonably and in
    22  good faith.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03642-03-2

        S. 5500--A                          2
 
     1    § 2. This act shall take effect on the one hundred twentieth day after
     2  it shall have become a law; provided, however, that effective immediate-
     3  ly the commissioner of education is authorized to promulgate  rules  and
     4  regulations for the implementation of this act on such effective date.
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