Bill Text: NY A00300 | 2021-2022 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-01-05 - referred to health [A00300 Detail]

Download: New_York-2021-A00300-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           300

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced by M. of A. L. ROSENTHAL, WEPRIN -- read once and referred to
          the Committee on Health

        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.
    21    2. (a) Each school shall train school personnel to administer epineph-
    22  rine to any student of the school reasonably believed  to  be  suffering
    23  from anaphylaxis.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00429-01-1
        A. 300                              2

     1    (b) The minimum training provided by each school in the administration
     2  of epinephrine shall include but not be limited to:
     3    i.  Techniques  for  recognizing circumstances, signs, and symptoms of
     4  anaphylaxis; and
     5    ii. Standards and procedures for proper storage and emergency  use  of
     6  epinephrine auto-injectors.
     7    3.  Each school shall maintain at least two epinephrine auto-injectors
     8  (epi-pens) in separate, secure locations that are easily  accessible  by
     9  the relevant trained personnel of the school for the purpose of adminis-
    10  tration to any student of the school reasonably believed to be suffering
    11  from anaphylaxis.
    12    4.  Each  school is required to have in place a plan for having on the
    13  premises of the school during all operating hours, one or more  individ-
    14  uals who are trained personnel in the administration of epinephrine.
    15    5.  Each  school  shall send notification home at the beginning of the
    16  school year to all parents  and/or  guardians  informing  them  that  an
    17  epinephrine  auto-injector  could  be administered to their child in the
    18  event of an anaphylactic reaction.
    19    6. School officials shall obtain epi-pens from the appropriate medical
    20  professionals, but a prescription is not  required  for  their  adminis-
    21  tration.
    22    7. School officials shall call 911 emergency services as soon as safe-
    23  ly possible after administering an epi-pen.
    24    8.  Schools  and/or staff members who are otherwise in compliance with
    25  the requirements of this section  shall  not  be  held  liable  for  the
    26  reasonable and good faith administration of the epi-pen pursuant to this
    27  section.
    28    §  2.  This  act shall take effect on the ninetieth day after it shall
    29  have become a law.