NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8249A
TITLE OF BILL: An act to amend the public health law, in relation to
epinephrine auto-injectors in schools
PURPOSE: The purpose of this legislation is to require each school to
keep a supply of epinephrine auto-injectors in a secure yet accessible
location on the premises at all times.
SUMMARY OF PROVISIONS:
Section one amends public health law by adding a new section 3000-cc.
Section two sets forth the effective date.
JUSTIFICATION: Currently, legislation is progressing through Congress
that would provide states that have laws requiring schools to stock
epinephrine auto-injectors with access to funding from the children's
asthma treatment grants program. The grant, administered by the U.S.
Department of Health and Human Services (HHS) annually, totals $23
Enactment of this bill, would not only make our children safer while at
school, but would also fulfill all the requirements laid out in the
federal legislation and allow New York the opportunity to access crit-
ical funding. This money could then be used to fund the purchase of
epinephrine auto-injectors and cover the costs of training personnel.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become a law.
STATE OF NEW YORK
2013-2014 Regular Sessions
November 6, 2013
Introduced by M. of A. ROSENTHAL, SCHIMEL, WEPRIN -- Multi-Sponsored by
-- M. of A. MILLMAN -- read once and referred to the Committee on
Health -- reported and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the public health law, in relation to epinephrine auto-
injectors in schools
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 3000-cc to read as follows:
3 § 3000-cc. Epinephrine in schools. 1. For purposes of this section:
4 (a) "Anaphylaxis" means a potentially life-threatening hypersensitivi-
5 ty or allergic reaction to a substance.
6 i. Symptoms of anaphylaxis may include shortness of breath, wheezing,
7 difficulty breathing, difficulty talking or swallowing, hives, itching,
8 swelling, shock, or asthma.
9 ii. Causes of anaphylaxis may include, but are not limited to, insect
10 stings or bites, foods, drugs, and other allergens, as well as idiopath-
11 ic or exercise-induced anaphylaxis.
12 (b) "Trained personnel" with respect to an elementary or secondary
13 school shall mean an individual:
14 i. who has been designated by the principal (or other appropriate
15 administrative staff) of the school to administer epinephrine on a
16 voluntary basis outside their scope of employment;
17 ii. who has received training in the administration of epinephrine;
19 iii. whose training in the administration of epinephrine meets appro-
20 priate medical standards.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 8249--A 2
1 2. (a) Each school shall train school personnel to administer epineph-
2 rine to any student of the school reasonably believed to be suffering
3 from anaphylaxis.
4 (b) The minimum training provided by each school in the administration
5 of epinephrine shall include but not be limited to:
6 i. Techniques for recognizing circumstances, signs, and symptoms of
7 anaphylaxis; and
8 ii. Standards and procedures for proper storage and emergency use of
9 epinephrine auto-injectors.
10 3. Each school shall maintain at least two epinephrine auto-injectors
11 (epi-pens) in separate, secure locations that are easily accessible by
12 the relevant trained personnel of the school for the purpose of adminis-
13 tration to any student of the school reasonably believed to be suffering
14 from anaphylaxis.
15 4. Each school is required to have in place a plan for having on the
16 premises of the school during all operating hours, one or more individ-
17 uals who are trained personnel in the administration of epinephrine.
18 5. Each school shall send notification home at the beginning of the
19 school year to all parents and/or guardians informing them that an
20 epinephrine auto-injector could be administered to their child in the
21 event of an anaphylactic reaction.
22 6. School officials shall obtain epi-pens from the appropriate medical
23 professionals, but a prescription is not required for their adminis-
25 7. School officials shall call 911 emergency services as soon as safe-
26 ly possible after administering an epi-pen.
27 8. Schools and/or staff members who are otherwise in compliance with
28 the requirements of this section shall not be held liable for the
29 reasonable and good faith administration of the epi-pen pursuant to this
31 § 2. This act shall take effect on the ninetieth day after it shall
32 have become a law.