Bill Text: NY A08085 | 2013-2014 | General Assembly | Introduced

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Bill Title: Authorizes the use of epinephrine auto-injectors in schools and by trained school nurses and employees.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2014-01-08 - referred to education [A08085 Detail]

Download: New_York-2013-A08085-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8085
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 18, 2013
                                      ___________
       Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
         tee on Education
       AN ACT to amend the education law and the public health law, in relation
         to on-site epinephrine auto-injectors
         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  919-a
    2  to read as follows:
    3    S  919-A.  ON-SITE EPINEPHRINE AUTO-INJECTOR. SCHOOL DISTRICTS, BOARDS
    4  OF COOPERATIVE EDUCATIONAL SERVICES,  COUNTY  VOCATIONAL  EDUCATION  AND
    5  EXTENSION BOARDS, CHARTER SCHOOLS, AND NON-PUBLIC ELEMENTARY AND SECOND-
    6  ARY  SCHOOLS  IN  THIS  STATE  MAY  PROVIDE AND MAINTAIN ON-SITE IN EACH
    7  INSTRUCTIONAL SCHOOL FACILITY EPINEPHRINE AUTO-INJECTORS  IN  QUANTITIES
    8  AND  TYPES  DEEMED BY THE COMMISSIONER, IN CONSULTATION WITH THE COMMIS-
    9  SIONER OF HEALTH, TO BE ADEQUATE  TO ENSURE READY AND APPROPRIATE ACCESS
   10  FOR USE DURING EMERGENCIES TO ANY STUDENT OR STAFF MEMBER HAVING ANAPHY-
   11  LACTIC SYMPTOMS WHETHER OR NOT THERE IS A  PREVIOUS  HISTORY  OF  SEVERE
   12  ALLERGIC REACTION.
   13    S  2.  Paragraph  (a) of subdivision 1 of section 3000-c of the public
   14  health law, as amended by chapter 350 of the laws of 2001, is amended to
   15  read as follows:
   16    (a) "Eligible person, firm, organization, or other entity" means,  (i)
   17  an  ambulance service or advanced life support first response service; a
   18  certified first responder, emergency  medical  technician,  or  advanced
   19  emergency  medical  technician, who is employed by or an enrolled member
   20  of any such service; (ii) a children's  overnight  camp  as  defined  in
   21  subdivision  one of section thirteen hundred ninety-two of this chapter,
   22  a summer day camp as defined in  subdivision  two  of  section  thirteen
   23  hundred  ninety-two  of  this  chapter,  a  traveling summer day camp as
   24  defined in subdivision three of section thirteen hundred  ninety-two  of
   25  this  chapter  or  a  person  employed  by such a camp; or (iii) SCHOOLS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11492-01-3
       A. 8085                             2
    1  DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL
    2  EDUCATION AND EXTENSION BOARDS, CHARTER SCHOOLS, AND NON-PUBLIC  ELEMEN-
    3  TARY  AND  SECONDARY  SCHOOLS IN THIS STATE OR A DULY HIRED NURSE OR ANY
    4  PERSON  EMPLOYED  BY  ANY  SUCH  ENTITY; OR (IV) any other person, firm,
    5  organization or entity designated pursuant to regulations of the commis-
    6  sioner in consultation with other appropriate agencies; and all  subject
    7  to regulations of the commissioner.
    8    S  3. The education law is amended by adding a new section 921 to read
    9  as follows:
   10    S 921. EPINEPHRINE AUTO-INJECTORS. IN ACCORDANCE  WITH  SECTION  THREE
   11  THOUSAND-C  OF  THE PUBLIC HEALTH LAW, ELIGIBLE SCHOOL DISTRICTS, BOARDS
   12  OF COOPERATIVE EDUCATIONAL SERVICES,  COUNTY  VOCATIONAL  EDUCATION  AND
   13  EXTENSION BOARDS, CHARTER SCHOOLS, AND NON-PUBLIC ELEMENTARY AND SECOND-
   14  ARY  SCHOOLS  IN THIS STATE OR A DULY HIRED NURSE OR ANY PERSON EMPLOYED
   15  BY ANY SUCH ENTITY MAY  ADMINISTER  EPINEPHRINE  AUTO-INJECTORS  IN  THE
   16  EVENT  OF AN EMERGENCY CONTINGENT ON THE INDIVIDUAL OR ENTITY COMPLETING
   17  THE APPROPRIATE TRAINING AND HAVING A  COLLABORATIVE  AGREEMENT  WITH  A
   18  PHYSICIAN OR HOSPITAL.
   19    S 4. Notwithstanding any other provision of law, rule or regulation to
   20  the  contrary, no party shall have a cause of action for personal injury
   21  or any other claim based on the use of an epinephrine auto-injector by a
   22  school nurse, eligible person, firm, organization, or  other  entity  or
   23  individual  at  the school or a school-sponsored function, provided that
   24  such use was performed reasonably and in good faith.
   25    S 5. This act shall take effect on the one hundred twentieth day after
   26  it shall have become a law. Effective immediately, the  commissioner  of
   27  education,  in  consultation with the commissioner of health, is author-
   28  ized to promulgate any rule  or  regulation  necessary  for  the  timely
   29  implementation of this act on its effective date.