Bill Text: NY A02471 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the education law, in relation to the use of epinephrine by students
Spectrum: Strong Partisan Bill (Democrat 14-1)
Status: (Introduced - Dead) 2010-01-06 - referred to education [A02471 Detail]
Download: New_York-2009-A02471-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2471 2009-2010 Regular Sessions I N A S S E M B L Y January 16, 2009 ___________ Introduced by M. of A. ORTIZ, ESPAILLAT, GALEF, FIELDS, SPANO -- Multi- Sponsored by -- M. of A. HOOPER, JACOBS, McENENY, PERRY, J. RIVERA, SEMINERIO, TOWNS, WEISENBERG, WRIGHT -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to the use of epinephrine by students THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The education law is amended by adding a new section 920 to 2 read as follows: 3 S 920. PUPILS AFFLICTED WITH SEVERE FOOD OR OTHER ALLERGIES. 1. A. 4 THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT AND BOARD OF 5 COOPERATIVE EDUCATIONAL SERVICES SHALL ALLOW PUPILS WHO HAVE BEEN DIAG- 6 NOSED BY A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER WITH 7 A SEVERE FOOD OR OTHER ALLERGY TO CARRY AND USE THE PRESCRIBED MEDICA- 8 TION EPINEPHRINE AND A DEVICE TO SELF-ADMINISTER EPINEPHRINE, SUCH AS AN 9 EPINEPHRINE AUTO-INJECTOR, DURING THE SCHOOL DAY AND DURING SCHOOL SPON- 10 SORED ACTIVITIES THAT OCCUR AFTER THE REGULAR SCHOOL DAY OR OUTSIDE OF 11 THE SCHOOL, WITH THE WRITTEN PERMISSION OF A PHYSICIAN OR OTHER DULY 12 AUTHORIZED HEALTH CARE PROVIDER, AND PARENTAL CONSENT, BASED ON SUCH 13 PHYSICIAN'S OR PROVIDER'S DETERMINATION THAT SUCH PUPIL IS SUBJECT TO 14 ALLERGIC ATTACKS SEVERE ENOUGH TO DEBILITATE SUCH PUPIL. A RECORD OF 15 SUCH PERMISSION SHALL BE MAINTAINED IN THE SCHOOL OFFICE. 16 B. THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT OR BOARD 17 OF COOPERATIVE EDUCATIONAL SERVICES THAT HAS ALLOWED THE USE OF EPINEPH- 18 RINE AND A DEVICE TO SELF-ADMINISTER EPINEPHRINE BY A STUDENT PURSUANT 19 TO THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION SHALL PREPARE FOR 20 EACH SUCH STUDENT AN EMERGENCY ACTION PLAN AND A SEVERE ALLERGY TREAT- 21 MENT PLAN WITH THE ASSISTANCE OF THE PHYSICIAN OF THE PUPIL, WHICH IDEN- 22 TIFIES, AT A MINIMUM, SEVERE ALLERGY TRIGGERS, THE TREATMENT PLAN, AND 23 SUCH OTHER ELEMENTS AS SHALL BE DETERMINED BY THE PHYSICIAN. THE COMMIS- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03400-01-9 A. 2471 2 1 SIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, SHALL ESTABLISH 2 STANDARDS FOR THE DEVELOPMENT OF SUCH PLANS. 3 2. THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT OR BOARD 4 OF COOPERATIVE EDUCATIONAL SERVICES THAT HAS APPROVED THE USE OF 5 EPINEPHRINE AND A DEVICE TO SELF-ADMINISTER EPINEPHRINE BY A STUDENT 6 PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL 7 INFORM THE PARENTS, GUARDIANS OR PERSONS IN PARENTAL RELATION TO THE 8 PUPIL IN WRITING THAT THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCA- 9 TIONAL SERVICES AND ITS EMPLOYEES OR AGENTS SHALL INCUR NO LIABILITY AS 10 A RESULT OF ANY INJURY ARISING FROM THE SELF-ADMINISTRATION OF SUCH 11 MEDICATION BY THE PUPIL. THE PARENTS, GUARDIANS OR PERSONS IN PARENTAL 12 RELATION TO THE PUPIL SHALL SIGN A STATEMENT ACKNOWLEDGING THAT THE 13 DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL INCUR NO 14 LIABILITY AS A RESULT OF ANY INJURY ARISING FROM THE SELF-ADMINISTRATION 15 OF SUCH MEDICATION BY THE PUPIL AND THE PARENTS, GUARDIANS OR PERSONS IN 16 PARENTAL RELATION SHALL INDEMNIFY AND HOLD HARMLESS THE SCHOOL DISTRICT 17 OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND ITS EMPLOYEES AND 18 AGENTS FROM ANY CLAIMS ARISING OUT OF THE SELF-ADMINISTRATION OF SUCH 19 MEDICATION BY THE PUPIL. 20 3. A. EVERY SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES 21 AND NONPUBLIC ELEMENTARY AND SECONDARY SCHOOL IN THIS STATE SHALL 22 REQUIRE AT LEAST ONE DEVICE CONTAINING EPINEPHRINE USED TO ADMINISTER 23 EPINEPHRINE, SUCH AS AN EPINEPHRINE AUTO-INJECTOR, BE MAINTAINED IN THE 24 OFFICE OF THE SCHOOL NURSE OR IN A SIMILAR ACCESSIBLE LOCATION. 25 B. THE COMMISSIONER SHALL PROMULGATE REGULATIONS FOR THE ADMINIS- 26 TRATION OF EPINEPHRINE THROUGH THE USE OF A DEVICE TO ADMINISTER 27 EPINEPHRINE BY THE SCHOOL NURSE OR OTHER PERSON AUTHORIZED BY REGU- 28 LATION. THE REGULATIONS SHALL INCLUDE: 29 (I) A REQUIREMENT THAT EACH CERTIFIED NURSE OR OTHER PERSON AUTHORIZED 30 TO ADMINISTER EPINEPHRINE IN SCHOOLS RECEIVE TRAINING IN ALLERGY MANAGE- 31 MENT AND IN THE USE OF DEVICES TO SELF-ADMINISTER EPINEPHRINE CONSISTENT 32 WITH NATIONALLY RECOGNIZED STANDARDS, INCLUDING, BUT NOT LIMITED TO, 33 THOSE OF THE NATIONAL INSTITUTES OF HEALTH AND THE AMERICAN ASSOCIATION 34 OF ALLERGY AND IMMUNOLOGY. 35 (II) A REQUIREMENT THAT INFORMATION BE PROVIDED TO TEACHING AND OTHER 36 SCHOOL STAFF ABOUT: 37 (1) THE PRESENCE OF STUDENTS IN THE SCHOOL WHO MAY SUFFER FROM SEVERE 38 FOOD OR OTHER ALLERGIES AND THE POTENTIAL CONSEQUENCES OF SUCH ALLER- 39 GIES; 40 (2) THE NEED FOR EPINEPHRINE THROUGH THE USE OF A DEVICE TO ADMINISTER 41 EPINEPHRINE; 42 (3) THE AVAILABILITY OF SUCH MEDICATION FROM THE SCHOOL NURSE OR OTHER 43 PERSON AUTHORIZED BY REGULATION, AND THE USE OF SUCH MEDICATION BY 44 PUPILS AUTHORIZED PURSUANT TO SUBDIVISION ONE OF THIS SECTION; AND 45 (4) THE PROTOCOL TO BE FOLLOWED WHEN A PUPIL EXPERIENCES A SEVERE 46 ALLERGIC REACTION. 47 S 2. This act shall take effect on the one hundred twentieth day after 48 it shall have become a law; provided, however, that effective immediate- 49 ly the commissioner of education is authorized to promulgate rules and 50 regulations for the implementation of this act on such effective date.