Bill Text: NY S05500 | 2011-2012 | General Assembly | Introduced
Bill Title: Authorizes students to carry epinephrine and an epinephrine auto-injector in school.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2012-06-21 - referred to education [S05500 Detail]
Download: New_York-2011-S05500-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5500
2011-2012 Regular Sessions
I N S E N A T E
May 26, 2011
___________
Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and
when printed to be committed 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 921 to
2 read as follows:
3 S 921. 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-
24 SIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, SHALL ESTABLISH
25 STANDARDS FOR THE DEVELOPMENT OF SUCH PLANS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03642-01-1
S. 5500 2
1 2. THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT OR BOARD
2 OF COOPERATIVE EDUCATIONAL SERVICES THAT HAS APPROVED THE USE OF
3 EPINEPHRINE AND A DEVICE TO SELF-ADMINISTER EPINEPHRINE BY A STUDENT
4 PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL
5 INFORM THE PARENTS, GUARDIANS OR PERSONS IN PARENTAL RELATION TO THE
6 PUPIL IN WRITING THAT THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCA-
7 TIONAL SERVICES AND ITS EMPLOYEES OR AGENTS SHALL INCUR NO LIABILITY AS
8 A RESULT OF ANY INJURY ARISING FROM THE SELF-ADMINISTRATION OF SUCH
9 MEDICATION BY THE PUPIL. THE PARENTS, GUARDIANS OR PERSONS IN PARENTAL
10 RELATION TO THE PUPIL SHALL SIGN A STATEMENT ACKNOWLEDGING THAT THE
11 DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL INCUR NO
12 LIABILITY AS A RESULT OF ANY INJURY ARISING FROM THE SELF-ADMINISTRATION
13 OF SUCH MEDICATION BY THE PUPIL AND THE PARENTS, GUARDIANS OR PERSONS IN
14 PARENTAL RELATION SHALL INDEMNIFY AND HOLD HARMLESS THE SCHOOL DISTRICT
15 OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND ITS EMPLOYEES AND
16 AGENTS FROM ANY CLAIMS ARISING OUT OF THE SELF-ADMINISTRATION OF SUCH
17 MEDICATION BY THE PUPIL.
18 3. A. EVERY SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES
19 AND NONPUBLIC ELEMENTARY AND SECONDARY SCHOOL IN THIS STATE SHALL
20 REQUIRE AT LEAST ONE DEVICE CONTAINING EPINEPHRINE USED TO ADMINISTER
21 EPINEPHRINE, SUCH AS AN EPINEPHRINE AUTO-INJECTOR, BE MAINTAINED IN THE
22 OFFICE OF THE SCHOOL NURSE OR IN A SIMILAR ACCESSIBLE LOCATION.
23 B. THE COMMISSIONER SHALL PROMULGATE REGULATIONS FOR THE ADMINIS-
24 TRATION OF EPINEPHRINE THROUGH THE USE OF A DEVICE TO ADMINISTER
25 EPINEPHRINE BY THE SCHOOL NURSE OR OTHER PERSON AUTHORIZED BY REGU-
26 LATION. THE REGULATIONS SHALL INCLUDE:
27 (I) A REQUIREMENT THAT EACH CERTIFIED NURSE OR OTHER PERSON AUTHORIZED
28 TO ADMINISTER EPINEPHRINE IN SCHOOLS RECEIVE TRAINING IN ALLERGY MANAGE-
29 MENT AND IN THE USE OF DEVICES TO SELF-ADMINISTER EPINEPHRINE CONSISTENT
30 WITH NATIONALLY RECOGNIZED STANDARDS, INCLUDING, BUT NOT LIMITED TO,
31 THOSE OF THE NATIONAL INSTITUTES OF HEALTH AND THE AMERICAN ASSOCIATION
32 OF ALLERGY AND IMMUNOLOGY.
33 (II) A REQUIREMENT THAT INFORMATION BE PROVIDED TO TEACHING AND OTHER
34 SCHOOL STAFF ABOUT:
35 (1) THE PRESENCE OF STUDENTS IN THE SCHOOL WHO MAY SUFFER FROM SEVERE
36 FOOD OR OTHER ALLERGIES AND THE POTENTIAL CONSEQUENCES OF SUCH ALLER-
37 GIES;
38 (2) THE NEED FOR EPINEPHRINE THROUGH THE USE OF A DEVICE TO ADMINISTER
39 EPINEPHRINE;
40 (3) THE AVAILABILITY OF SUCH MEDICATION FROM THE SCHOOL NURSE OR OTHER
41 PERSON AUTHORIZED BY REGULATION, AND THE USE OF SUCH MEDICATION BY
42 PUPILS AUTHORIZED PURSUANT TO SUBDIVISION ONE OF THIS SECTION; AND
43 (4) THE PROTOCOL TO BE FOLLOWED WHEN A PUPIL EXPERIENCES A SEVERE
44 ALLERGIC REACTION.
45 S 2. This act shall take effect on the one hundred twentieth day after
46 it shall have become a law; provided, however, that effective immediate-
47 ly the commissioner of education is authorized to promulgate rules and
48 regulations for the implementation of this act on such effective date.
