Bill Text: NY A00300 | 2021-2022 | General Assembly | Introduced
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
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. LBD00429-01-1A. 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.