senate Bill S5500A

Authorizes students to carry epinephrine and an epinephrine auto-injector in school

download pdf

Sponsor

Co-Sponsors

Bill Status


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

actions

  • 26 / May / 2011
    • REFERRED TO EDUCATION
  • 04 / Jan / 2012
    • REFERRED TO EDUCATION
  • 18 / Jun / 2012
    • AMEND AND RECOMMIT TO EDUCATION
  • 18 / Jun / 2012
    • PRINT NUMBER 5500A
  • 21 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1462
  • 21 / Jun / 2012
    • PASSED SENATE
  • 21 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2012
    • REFERRED TO EDUCATION

Summary

Authorizes students to carry epinephrine and an epinephrine auto-injector in school.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A840A
Versions:
S5500
S5500A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add ยง921, Ed L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A2471, A2471
2007-2008: A3921, A3921

Sponsor Memo

BILL NUMBER:S5500A

TITLE OF BILL:
An act
to amend the education law, in relation to the use of epinephrine by
students

PURPOSE OF BILL:
This bill would allow pupils who have been diagnosed with severe food
or other allergies to carry and use the prescribed medication
epinephrine and a device to self-administer epinephrine during the
school day and during school sponsored activities.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Adds a new section 921 to the Education Law

SUMMARY OF SPECIFIC PROVISIONS:
The education law is amended by adding a new section 921 which allows
students who have been diagnosed by a physician or other authorized
health care provider with a severe food or other allergy to carry and
use the prescribed medication epinephrine and a device to
self-administer epinephrine.

JUSTIFICATION:
The following information is taken from the American Academy of
Asthma, Allergy and Immunology position Statement on Anaphylaxis in
Schools:
Life-threatening severe allergic reactions can cause the condition
Anaphylaxis which is a collection of symptoms including breathing
difficulties and a drop in blood pressure or shock, which are
potentially fatal. Common examples of potentially life-threatening
allergies are those to foods and stinging insects. Life-threatening
allergic reactions may also occur to medications or latex rubber and
in association with exercise. It is estimated that 1% to 2% of the
general population is at risk for anaphylaxis from food allergies and
insect. stings, with a lower reported prevalence for drugs and latex.
Asthmatic subjects are at particular risk. Approximately 50
anaphylactic deaths caused by insect stings and 100 food-related
anaphylactic deaths are recognized each year in the U.S.

School personnel should develop a system of identifying children with
life-threatening allergies to prevent anaphylactic reactions, and
they should also be prepared to deal with those that occur despite
precautions. It is imperative that epinephrine be recognized as the
drug of choice and that all efforts are directed toward its immediate
use. Data clearly shows that fatalities more often occur a way from
home and are associated with either not using epinephrine or a delay
in the use of epinephrine treatment.

All school personnel should be aware of those students who have been
prescribed epinephrine. This information should be readily available
and reviewed by all personnel.

Staff members involved with the child's care should be instructed
about the potentially severe nature and proper treatment of the
allergic problem. This information should be reviewed with the


student's parents before each school year or special activities
(e.g., school trips). Any questions and possible treatment strategies
should then be discussed with the parent, the child's physician, or
both.

If prescribed, every student should have the epinephrine auto-injector
device clearly labeled with his or her name and classroom number.
School personnel should be instructed about the location of the
medication.

Accidental food ingestion can occur despite avoidance measures.
Treatment should be immediately available for these emergency
situations.
Treatment protocols need to be prescribed by a physician. The school
staff should have written instructions from the child's physician and
signed by the parents, providing easy to follow steps for recognizing
a reaction and administering medication. Several federal laws protect
the rights of disabled children, which include those with
life-threatening food allergies.

Epinephrine injection is available in a number of self-administration
delivery devices. There are no contraindications to the use of
epinephrine for a life-threatening allergic reaction. Epinephrine
should be kept in locations that are easily accessible and not in
locked cupboards or drawers. All staff members should know these
locations. Children old enough to self-administer epinephrine should
carry their own kits.

All students, regardless of whether they are capable of epinephrine
self-administration, will still require the help of others because
the severity of the reaction may hamper their attempts to inject
themselves.
Adult supervision is mandatory.

All individuals entrusted with the care of children need to have
familiarity with basic first-aid and resuscitative techniques. This
should include additional formal training on how to use epinephrine
devices. A school-wide food allergy awareness program for the staff,
including an allergy emergen~y drill, should be developed to ensure
that everyone will know what to do if a reaction occurs.

LEGISLATIVE HISTORY:
2004 - A.11093
2005 - A.2166 - Referred to Education
2007/2008 - A.3921- Referred to Education
2009/2010 - A.2471 - Referred to Education

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
No fiscal implication.

EFFECTIVE DATE:
120 days after if becomes law; however, the Commissioner of Education
is authorized immediately to promulgate rules and regulations for the
implementation of this act on such effective date.


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

                                 5500--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 26, 2011
                               ___________

Introduced  by  Sens.  RANZENHOFER,  MAZIARZ  --  read twice and ordered
  printed, and when printed to be committed to the Committee  on  Educa-
  tion  --  recommitted to the Committee on Education in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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:

  Section 1. The education law is amended by adding a new section 921 to
read as follows:
  S 921. PUPILS AFFLICTED WITH SEVERE FOOD OR OTHER ALLERGIES. 1.    THE
BOARD  OF  EDUCATION  OR  TRUSTEES  OF EACH SCHOOL DISTRICT AND BOARD OF
COOPERATIVE EDUCATIONAL SERVICES SHALL ALLOW PUPILS WHO HAVE BEEN  DIAG-
NOSED  BY A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER WITH
A SEVERE FOOD OR OTHER ALLERGY TO CARRY AND USE THE  PRESCRIBED  MEDICA-
TION EPINEPHRINE AND A DEVICE TO SELF-ADMINISTER EPINEPHRINE, SUCH AS AN
EPINEPHRINE AUTO-INJECTOR, DURING THE SCHOOL DAY AND DURING SCHOOL SPON-
SORED  ACTIVITIES  THAT OCCUR AFTER THE REGULAR SCHOOL DAY OR OUTSIDE OF
THE SCHOOL, WITH THE WRITTEN PERMISSION OF A  PHYSICIAN  OR  OTHER  DULY
AUTHORIZED  HEALTH CARE PROVIDER, AND WRITTEN PARENTAL CONSENT, BASED ON
SUCH PHYSICIAN'S OR PROVIDER'S DETERMINATION THAT SUCH PUPIL IS  SUBJECT
TO  ALLERGIC ATTACKS SEVERE ENOUGH TO DEBILITATE SUCH PUPIL. A RECORD OF
SUCH PERMISSION SHALL BE MAINTAINED IN THE SCHOOL OFFICE.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO
THE  CONTRARY  NO PARTY SHALL HAVE A CAUSE OF ACTION FOR PERSONAL INJURY
OR ANY OTHER CLAIM BASED ON THE USE OF AN EPINEPHRINE AUTO-INJECTOR BY A
SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES, ITS AGENT,
A SCHOOL OFFICER, EMPLOYEE OR VOLUNTEER AT THE SCHOOL OR A  SCHOOL-SPON-
SORED  FUNCTION,  PROVIDED THAT SUCH USE WAS PERFORMED REASONABLY AND IN
GOOD FAITH.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03642-03-2

S. 5500--A                          2

  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly the commissioner of education is authorized to promulgate  rules  and
regulations for the implementation of this act on such effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.