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|BILL NO||A00529 |
|SAME AS||No Same As|
|Add §3000-cc, Pub Health L|
|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.|
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STATE OF NEW YORK
2017-2018 Regular Sessions
January 9, 2017
Introduced by M. of A. ROSENTHAL, WEPRIN, CURRAN -- 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;
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.
A. 529 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-
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
26 § 2. This act shall take effect on the ninetieth day after it shall
27 have become a law.