senate Bill S2210B

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

See Assembly Version of this Bill:
A2566B
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:S2210B

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: New Section 921

1. a. School districts would allow pupils who have been diagnosed by a
physician with a severe food or other allergy to carry and use the
prescribed medication epinephrine and a device to self-administer
epinephrine, such as an epinephrine auto-injector, 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 authorized health care
provider, and 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.

b. The district would prepare for EACH such student an emergency
action plan and a severe allergy treatment plan with the assistance of
the physician of the pupil. The Commissioner of Education, in
consultation with the Commissioner of Health, would establish
standards for the development of such plans.

2. The district would inform the parents of the pupil, in writing,
that the district and its employees are not liable as a result of any
injury arising from the self-administration of such medication by the
pupil. The parents would sign a statement acknowledging the district
was not liable.

3. Every school district would maintain an epinephrine auto-injector
in the school nurse's office or in a similar accessible location. The
commissioner would promulgate regulations for the use of a device to
administer epinephrine by the school nurse or other person authorized
by regulation. The regulations would require training for the school
nurse and require information be provided to teaching and other school
staff about students in the school who may suffer from severe
allergies and the potential consequences, the availability of
epinephrine, and the protocol to follow when a pupil experiences a
severe allergic reaction.

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 away 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: 2004 - A1 1093 /2005 - A.2166 - Referred to
Education 2007/2008 - A.3921 - Referred to Education 2009/2010 -


A.2471 - Referred to Education 2011-2012 S.5500/A.840-A - PASSED
SENATE/Education

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: School districts
will incur the cost of purchasing epinephrine-injector kits and
providing training for staff.

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--B
    Cal. No. 964

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced  by  Sens.  RANZENHOFER,  AVELLA,  MAZIARZ  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Education  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- reported  favorably  from
  said  committee, ordered to first and second report, amended on second
  report, ordered to a third reading, and to be  reprinted  as  amended,
  retaining its place in the order of third reading

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 OFFICE OF THE SCHOOL NURSE OR
IF NOT AVAILABLE 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06864-04-3

S. 2210--B                          2

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.

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