A08249 Summary:

COSPNSRSchimel, Weprin
Add S3000-cc, Pub Health L
Requires epinephrine auto-injectors in schools; requires training in the administration of epi-pens where a student is reasonably believed to be suffering from anaphylaxis.
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A08249 Actions:

11/06/2013referred to health
01/08/2014referred to health
05/20/2014reported referred to codes
06/02/2014amend and recommit to codes
06/02/2014print number 8249a
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A08249 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Rosenthal
  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 million. 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.
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A08249 Text:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                   IN ASSEMBLY
                                    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;
    18  and
    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-
    24  tration.
    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
    30  section.
    31    §  2.  This  act shall take effect on the ninetieth day after it shall
    32  have become a law.
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