Bill Text: NY A01855 | 2023-2024 | 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 3-0)

Status: (Introduced) 2024-01-03 - referred to health [A01855 Detail]

Download: New_York-2023-A01855-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1855

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        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.
    24    (b) The minimum training provided by each school in the administration
    25  of epinephrine shall include but not be limited to:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06489-01-3
        A. 1855                             2

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