senate Bill S2210

Amended

Authorizes students to carry prescribed auto-injectable epinephrine 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

  • 14 / Jan / 2013
    • REFERRED TO EDUCATION
  • 04 / Mar / 2013
    • AMEND (T) AND RECOMMIT TO EDUCATION
  • 04 / Mar / 2013
    • PRINT NUMBER 2210A
  • 04 / Jun / 2013
    • 1ST REPORT CAL.964
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • AMENDED 2210B
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 17 / Jun / 2013
    • PASSED SENATE
  • 17 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2013
    • REFERRED TO EDUCATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO EDUCATION
  • 18 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1545
  • 18 / Jun / 2014
    • PASSED SENATE
  • 18 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2014
    • REFERRED TO EDUCATION

Summary

Authorizes students to carry prescribed auto-injectable epinephrine in school.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A2566
Versions:
S2210
S2210A
S2210B
Legislative Cycle:
2013-2014
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add ยง921, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S5500A, A840A
2009-2010: A2471, A2471
2007-2008: A3921, A3921

Sponsor Memo

BILL NUMBER:S2210 REVISED 2/27/13

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 emergency drill, should be developed to ensure
that everyone will know what to do if a reaction occurs.

LEGISLATIVE HISTORY: 2011/2012: S.5500A/A.840A -- PASSED
SENATE/education 2009/2010: A.2471 -- 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
________________________________________________________________________

                                  2210

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced  by  Sens.  RANZENHOFER,  MAZIARZ  --  read twice and ordered
  printed, and when printed to be committed to the Committee  on  Educa-
  tion

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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06864-01-3

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.