senate Bill S7262A

Signed by Governor

Authorizes schools to administer epinephrine auto-injectors in the event of an emergency

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Co-Sponsors

Bill Status


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

  • 08 / May / 2014
    • REFERRED TO HEALTH
  • 13 / May / 2014
    • AMEND (T) AND RECOMMIT TO HEALTH
  • 13 / May / 2014
    • PRINT NUMBER 7262A
  • 20 / May / 2014
    • 1ST REPORT CAL.874
  • 21 / May / 2014
    • 2ND REPORT CAL.
  • 28 / May / 2014
    • ADVANCED TO THIRD READING
  • 19 / Jun / 2014
    • PASSED SENATE
  • 19 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 19 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A7791A
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.545
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 29 / Oct / 2014
    • DELIVERED TO GOVERNOR
  • 30 / Oct / 2014
    • SIGNED CHAP.424

Summary

Authorizes school nurses to possess and administer epinephrine auto-injectors in the event of an emergency.

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Bill Details

See Assembly Version of this Bill:
A7791A
Versions:
S7262
S7262A
Legislative Cycle:
2013-2014
Law Section:
Public Health Law
Laws Affected:
Amd §3000-c, Pub Health L; add §921, Ed L

Sponsor Memo

BILL NUMBER:S7262A

TITLE OF BILL: An act to amend the public health law and the
education law, in relation to authorizing schools to possess and
administer epinephrine auto-injectors in emergency situations

PURPOSE:

To authorize schools and their employees to possess and administer
auto-injectable epinephrine without a prescription, in the event of an
emergency and to authorize schools to provide and maintain epinephrine
auto-injectors on school property.

SUMMARY OF PROVISIONS:

Section 1 amends public health law section 3000-c(1)(a) to expand the
definition of "Eligible person, firm, organization, or other entity"
to include school districts, boards of cooperative educational
services, county vocational education and extension boards, charter
schools, and non-public elementary and secondary schools in this state
or any person employed by such entity.

Section 2 amends the education law by adding a new section 921 to:

1. Authorize school districts, boards of cooperative educational
services, county vocational education and extension boards, charter
schools and non-public elementary and secondary schools to provide and
maintain epinephrine auto-injectors on-site, in quantities and types
deemed by the commissioner of education in consultation with the
commissioner of health to be adequate, to ensure ready and appropriate
access for use during emergencies for any student or staff member
having anaphylactic symptoms whether or not there is a previous
history of severe allergic reaction.

2. Authorize school districts, boards of cooperative educational
services, county vocational education and extension boards, charter
schools, and non-public elementary and secondary schools, or any
person employed by such entity to administer epinephrine
auto-injectors in the event of any emergency so long as the individual
or entity has completed the appropriate training and the entity has a
collaborative agreement with a physician or hospital as required under
public health law section 3000-c (2) and (3).

Section 3 is the effective date.

JUSTIFICATION:

According to the National Institutes of Health, the prevalence of food
allergies is between 6% and 9% in children younger than age four and
3.7% in adults, and appears to be increasing.

Allergic reactions can range from mild skin rashes to severe
anaphylaxis, which causes swelling of the airways and breathing
difficulty. In severe cases, it can lead to loss of consciousness or
death.


The most common treatment for anaphylaxis is epinephrine, which often
comes in the form of a pre-dosed auto-injector. Delays in the
administration of epinephrine to someone in anaphylaxis can result in
rapid decline and death.

As noted in an article in the New York Times on September 7, 2012, in
Massachusetts, where schools are permitted to administer epinephrine
to any student, 25% of students who had been given the drug for a
reaction did not previously know they had an allergy.

Currently New York State does not permit schools to administer
epinephrine to students unless school authorities know about the
allergy and a doctor's prescription is on file. The timely
administration of epinephrine to a child in anaphylaxis could mean the
difference between life and death. The life of a child should not be
at risk because it is not known the child has an allergy and does not
have a prescription for epinephrine.

This legislation would permit school employees who have completed the
appropriate training to administer epinephrine auto-injectors to any
student or staff member in an emergency.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None to the state. Schools that are eligible and decide to possess and
maintain auto-injectable epinephrine will need to purchase them. It is
unknown what price the schools will pay, but the cost to the general
public is approximately $125 per dose. The total cost will also depend
on the number of epinephrine auto-injectors determined to be needed by
the commissioner of health to ensure ready and appropriate access in
an emergency.

EFFECTIVE DATE:

The act shall take effect one hundred twenty days after it becomes
law; however, the commissioner of education is authorized to
promulgate rules and regulations for the implementation of the act
immediately.

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

                                 7262--A

                            I N  S E N A T E

                               May 8, 2014
                               ___________

Introduced  by  Sens.  HANNON, GOLDEN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN ACT to amend the public health law and the education law, in relation
  to  authorizing schools to possess and administer epinephrine auto-in-
  jectors in emergency situations

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

  Section  1.    Paragraph (a) of subdivision 1 of section 3000-c of the
public health law, as amended by chapter 350 of the  laws  of  2001,  is
amended to read as follows:
  (a)  "Eligible person, firm, organization, or other entity" means, (i)
an ambulance service or advanced life support first response service;  a
certified  first  responder,  emergency  medical technician, or advanced
emergency medical technician, who is employed by or an  enrolled  member
of  any  such  service;  (ii)  a children's overnight camp as defined in
subdivision one of section thirteen hundred ninety-two of this  chapter,
a  summer  day  camp  as  defined in subdivision two of section thirteen
hundred ninety-two of this chapter,  a  traveling  summer  day  camp  as
defined  in  subdivision three of section thirteen hundred ninety-two of
this chapter or a person employed  by  such  a  camp;  or  (iii)  SCHOOL
DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL
EDUCATION  AND EXTENSION BOARDS, CHARTER SCHOOLS, AND NON-PUBLIC ELEMEN-
TARY AND SECONDARY SCHOOLS IN THIS STATE OR ANY PERSON EMPLOYED  BY  ANY
SUCH  ENTITY;  OR  (IV)  any  other person, firm, organization or entity
designated pursuant to regulations of the commissioner  in  consultation
with  other  appropriate agencies; and all subject to regulations of the
commissioner.
  S 2.  The education law is amended by adding a new section 921 to read
as follows:
  S 921. ON-SITE EPINEPHRINE AUTO-INJECTOR. 1. SCHOOL DISTRICTS,  BOARDS
OF  COOPERATIVE  EDUCATIONAL  SERVICES,  COUNTY VOCATIONAL EDUCATION AND
EXTENSION BOARDS, CHARTER SCHOOLS, AND NON-PUBLIC ELEMENTARY AND SECOND-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11334-04-4

S. 7262--A                          2

ARY SCHOOLS IN THIS STATE MAY  PROVIDE  AND  MAINTAIN  ON-SITE  IN  EACH
INSTRUCTIONAL  SCHOOL  FACILITY EPINEPHRINE AUTO-INJECTORS IN QUANTITIES
AND TYPES DEEMED BY THE COMMISSIONER, IN CONSULTATION WITH  THE  COMMIS-
SIONER  OF HEALTH, TO BE ADEQUATE TO ENSURE READY AND APPROPRIATE ACCESS
FOR USE DURING EMERGENCIES TO ANY STUDENT OR STAFF  HAVING  ANAPHYLACTIC
SYMPTOMS  WHETHER  OR NOT THERE IS A PREVIOUS HISTORY OF SEVERE ALLERGIC
REACTION.
  2. SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, COUN-
TY VOCATIONAL EDUCATION AND EXTENSION BOARDS, CHARTER SCHOOLS, AND  NON-
PUBLIC  ELEMENTARY  AND  SECONDARY  SCHOOLS  IN THIS STATE OR ANY PERSON
EMPLOYED BY ANY SUCH ENTITY MAY ADMINISTER EPINEPHRINE AUTO-INJECTORS IN
THE EVENT OF AN EMERGENCY PURSUANT TO THE REQUIREMENTS OF SECTION  THREE
THOUSAND-C OF THE PUBLIC HEALTH LAW.
  S 3. This act shall take effect on the one hundred twentieth day after
it  shall  have become a law. Effective immediately, the commissioner of
health, in consultation with the commissioner of education, may  promul-
gate  any  rule or regulation necessary for the timely implementation of
this act on its effective date.

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