senate Bill S2210A

Amended

Authorizes students to carry prescribed auto-injectable epinephrine in school

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Bill Status


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

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Bill Details

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
2009-2010: A2471
2007-2008: A3921

Sponsor Memo

BILL NUMBER:S2210A REVISED 5/7/13

TITLE OF BILL: An act to amend the education law, in relation to the
use of prescribed auto-injectable 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.

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 away from home and are
associated with either not using epinephrine or a delay in the use of
epinephrine treatment. Accidental food ingestion can occur despite
avoidance measures. Treatment should be immediately available for
these emergency situations.

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. With parental
consent, and their doctor's prescription, children old enough to
self-administer epinephrine should carry their own epinephrine
auto-inject kits.

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 it 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--A

                       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  --  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  prescribed
  auto-injectable 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 PRESCRIBED AUTO-INJECTA-
BLE EPINEPHRINE, DURING THE  SCHOOL  DAY  AND  DURING  SCHOOL  SPONSORED
ACTIVITIES  THAT  OCCUR  AFTER  THE REGULAR SCHOOL DAY OR OUTSIDE OF THE
SCHOOL, WITH THE WRITTEN PERMISSION OF A PHYSICIAN OR OTHER DULY AUTHOR-
IZED 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 PRESCRIBED AUTO-INJECTABLE
EPINEPHRINE BY A SCHOOL DISTRICT OR  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES,  ITS  AGENT,  A  SCHOOL  OFFICER, EMPLOYEE OR VOLUNTEER AT THE
SCHOOL OR A  SCHOOL-SPONSORED  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.
                                                           LBD06864-02-3

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