senate Bill S5458

Amended

Requires newly certified teachers to be competent in the use of an epinephrine auto-injector

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 24 / May / 2011
    • REFERRED TO EDUCATION
  • 04 / Jan / 2012
    • REFERRED TO EDUCATION
  • 06 / Jan / 2012
    • AMEND AND RECOMMIT TO EDUCATION
  • 06 / Jan / 2012
    • PRINT NUMBER 5458A
  • 06 / Jun / 2012
    • AMEND AND RECOMMIT TO EDUCATION
  • 06 / Jun / 2012
    • PRINT NUMBER 5458B

Summary

Requires newly certified teachers to be competent in the use of an epinephrine auto-injector.

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Bill Details

Versions:
S5458
S5458A
S5458B
Legislative Cycle:
2011-2012
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §3004, Ed L

Sponsor Memo

BILL NUMBER:S5458

TITLE OF BILL:
An act
to amend the education law, in relation to requiring newly certified
teachers to be competent in the use of an epinephrine auto-injector

PURPOSE:
To require all teachers to be trained in the administration of
epinephrine auto-injector devices prior to certification.

SUMMARY OF PROVISIONS:
Section 1 amends section 3004 of the education law to add a new
section 2-a which requires newly certified teachers to be trained in
the use of an epinephrine auto-injector.

JUSTIFICATION:
Food allergies occur in 6% to 8% of children, and according to the
National Institutes of Health, there are 150 deaths per year due to
food allergies. Epinephrine is vital to the survival of a person
experiencing anaphylaxis (a sudden, potentially fatal reaction to
food or insect stings), however, it must be administered in a timely
manner to be effective.

While every school district has a medical officer, there is no
requirement that a nurse be present in a school building at all
times. Given the possibility of a delay in getting a licensed
healthcare provider to a child in anaphylaxis shock, it is important
that teachers understand how to use an epi-pen.

It is important to note that any school staff member may administer
epinephrine with an auto-injector device in an emergency situation,
Such a response is permitted under the Medical Practice Act
(Education Law §6527[4][a] and the Nurse Practice Act (Education
Law §6908[1][a][iv] and is covered by the 'Good Samaritan Law"
(Public Health Law §3000-a.), and therefore carries no liability for
the school or employee.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediate, however the requirement applies to those receiving their
certification after January 1, 2013.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5458

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 24, 2011
                               ___________

Introduced  by  Sen.  SALAND -- 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 requiring newly certi-
  fied teachers to be competent in the use of an epinephrine auto-injec-
  tor

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  3004 of the education law is amended by adding a
new subdivision 2-a to read as follows:
  2-A. THE COMMISSIONER SHALL PRESCRIBE REGULATIONS REQUIRING  THAT  ALL
PERSONS  APPLYING ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN FOR A
TEACHING CERTIFICATE OR LICENSE, INCLUDING BUT NOT LIMITED TO A  CERTIF-
ICATE  OR  LICENSE  VALID  FOR  SERVICE AS A CLASSROOM TEACHER, TEACHING
ASSISTANT, PUPIL PERSONNEL SERVICE PROFESSIONAL, SCHOOL ADMINISTRATOR OR
SUPERVISOR OR SUPERINTENDENT OF SCHOOLS, SHALL, IN ADDITION TO  ALL  THE
OTHER  CERTIFICATION  OR LICENSING REQUIREMENTS, HAVE COMPLETED A COURSE
OR TRAINING IN THE USE OF AN EPINEPHRINE AUTO-INJECTOR AND SHALL PROVIDE
THE  DEPARTMENT  WITH  DOCUMENTATION  SHOWING  THAT  THE  APPLICANT  HAS
SUCCESSFULLY  COMPLETED SUCH TRAINING.  THE COMMISSIONER SHALL PRESCRIBE
REGULATIONS REQUIRING THAT TEACHER PREPARATION INSTITUTIONS, IN THE  TWO
THOUSAND  TWELVE--TWO  THOUSAND THIRTEEN ACADEMIC YEAR, INCLUDE INSTRUC-
TION IN THE ADMINISTRATION OF AN EPINEPHRINE AUTO-INJECTOR. SUCH  TRAIN-
ING SHALL BE LIMITED TO THE USE OF AN EPINEPHRINE AUTO-INJECTOR IN EMER-
GENCY  SITUATIONS WHERE A REGISTERED NURSE OR OTHER LICENSED HEALTH CARE
WORKER IS NOT AVAILABLE.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11717-01-1

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