senate Bill S5458B

2011-2012 Legislative Session

Requires newly certified teachers to be competent in the use of an epinephrine auto-injector

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Archive: Last Bill Status - In Committee


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 06, 2012 print number 5458b
amend and recommit to education
Jan 06, 2012 print number 5458a
amend and recommit to education
Jan 04, 2012 referred to education
May 24, 2011 referred to education

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S5458 - Bill Details

See Assembly Version of this Bill:
A8977B
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add §3001-e, Ed L

S5458 - Bill Texts

view summary

Requires newly certified teachers to be competent in the use of an epinephrine auto-injector.

view sponsor memo
BILL NUMBER:S5458

TITLE OF BILL:
An act
to amend the education law, in relation to requiring newly certified
teachers to be competent in the use of an epinephrine auto-injector

PURPOSE:
To require all teachers to be trained in the administration of
epinephrine auto-injector devices prior to certification.

SUMMARY OF PROVISIONS:
Section 1 amends section 3004 of the education law to add a new
section 2-a which requires newly certified teachers to be trained in
the use of an epinephrine auto-injector.

JUSTIFICATION:
Food allergies occur in 6% to 8% of children, and according to the
National Institutes of Health, there are 150 deaths per year due to
food allergies. Epinephrine is vital to the survival of a person
experiencing anaphylaxis (a sudden, potentially fatal reaction to
food or insect stings), however, it must be administered in a timely
manner to be effective.

While every school district has a medical officer, there is no
requirement that a nurse be present in a school building at all
times. Given the possibility of a delay in getting a licensed
healthcare provider to a child in anaphylaxis shock, it is important
that teachers understand how to use an epi-pen.

It is important to note that any school staff member may administer
epinephrine with an auto-injector device in an emergency situation,
Such a response is permitted under the Medical Practice Act
(Education Law §6527[4][a] and the Nurse Practice Act (Education
Law §6908[1][a][iv] and is covered by the 'Good Samaritan Law"
(Public Health Law §3000-a.), and therefore carries no liability for
the school or employee.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediate, however the requirement applies to those receiving their
certification after January 1, 2013.

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download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5458

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 24, 2011
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to requiring newly certi-
  fied teachers to be competent in the use of an epinephrine auto-injec-
  tor

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

  Section  1.  Section  3004 of the education law is amended by adding a
new subdivision 2-a to read as follows:
  2-A. THE COMMISSIONER SHALL PRESCRIBE REGULATIONS REQUIRING  THAT  ALL
PERSONS  APPLYING ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN FOR A
TEACHING CERTIFICATE OR LICENSE, INCLUDING BUT NOT LIMITED TO A  CERTIF-
ICATE  OR  LICENSE  VALID  FOR  SERVICE AS A CLASSROOM TEACHER, TEACHING
ASSISTANT, PUPIL PERSONNEL SERVICE PROFESSIONAL, SCHOOL ADMINISTRATOR OR
SUPERVISOR OR SUPERINTENDENT OF SCHOOLS, SHALL, IN ADDITION TO  ALL  THE
OTHER  CERTIFICATION  OR LICENSING REQUIREMENTS, HAVE COMPLETED A COURSE
OR TRAINING IN THE USE OF AN EPINEPHRINE AUTO-INJECTOR AND SHALL PROVIDE
THE  DEPARTMENT  WITH  DOCUMENTATION  SHOWING  THAT  THE  APPLICANT  HAS
SUCCESSFULLY  COMPLETED SUCH TRAINING.  THE COMMISSIONER SHALL PRESCRIBE
REGULATIONS REQUIRING THAT TEACHER PREPARATION INSTITUTIONS, IN THE  TWO
THOUSAND  TWELVE--TWO  THOUSAND THIRTEEN ACADEMIC YEAR, INCLUDE INSTRUC-
TION IN THE ADMINISTRATION OF AN EPINEPHRINE AUTO-INJECTOR. SUCH  TRAIN-
ING SHALL BE LIMITED TO THE USE OF AN EPINEPHRINE AUTO-INJECTOR IN EMER-
GENCY  SITUATIONS WHERE A REGISTERED NURSE OR OTHER LICENSED HEALTH CARE
WORKER IS NOT AVAILABLE.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11717-01-1

Co-Sponsors

S5458A - Bill Details

See Assembly Version of this Bill:
A8977B
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add §3001-e, Ed L

S5458A - Bill Texts

view summary

Requires newly certified teachers to be competent in the use of an epinephrine auto-injector.

view sponsor memo
BILL NUMBER:S5458A

TITLE OF BILL:
An act
to amend the education law, in relation to requiring newly certified
teachers to be competent in the use of an epinephrine auto-injector

PURPOSE:
To require all teachers to be trained in the administration of
epinephrine auto-injector devices prior to certification.

SUMMARY OF PROVISIONS:
Section 1 amends section 3004 of the education law to add a new
section 2-a which requires newly certified teachers to be trained in
the use of an epinephrine auto-injector.

JUSTIFICATION:
Food allergies occur in 6% to 8% of children, and according to the
National Institutes of Health, there are 150 deaths per year due to
food allergies. Epinephrine is vital to the survival of a person
experiencing anaphylaxis (a sudden, potentially fatal reaction to
food or insect stings), however, it must be administered in a timely
manner to be effective.

While every school district has a medical officer, there is no
requirement that a nurse be present in a school building at all
times. Given the possibility of a delay in getting a licensed
healthcare provider to a child in anaphylaxis shock, it is important
that teachers understand how to use an epi-pen.

It is important to note that any school staff member may administer
epinephrine with an auto injector device in an emergency situation.
Such a response is permitted under the Medical Practice Act
(Education Law §6527[4][a] and the Nurse Practice Act (Education
Law §6908 [1][a][iv] and is covered by the 'Good Samaritan Law"
(Public Health Law §3000-a.), and therefore carries no liability for
the school or employee.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediate, however the requirement applies to those receiving their
certification after January 1, 2014.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5458--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 24, 2011
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education  --  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 requiring newly certi-
  fied teachers to be competent in the use of an epinephrine auto-injec-
  tor

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

  Section  1.  Section  3004 of the education law is amended by adding a
new subdivision 2-a to read as follows:
  2-A. THE COMMISSIONER SHALL PRESCRIBE REGULATIONS REQUIRING  THAT  ALL
PERSONS  APPLYING ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN FOR A
TEACHING CERTIFICATE OR LICENSE, INCLUDING BUT NOT LIMITED TO A  CERTIF-
ICATE  OR  LICENSE  VALID  FOR  SERVICE AS A CLASSROOM TEACHER, TEACHING
ASSISTANT, PUPIL PERSONNEL SERVICE PROFESSIONAL, SCHOOL ADMINISTRATOR OR
SUPERVISOR OR SUPERINTENDENT OF SCHOOLS, SHALL, IN ADDITION TO  ALL  THE
OTHER  CERTIFICATION  OR LICENSING REQUIREMENTS, HAVE COMPLETED A COURSE
OR TRAINING IN THE USE OF AN EPINEPHRINE AUTO-INJECTOR AND SHALL PROVIDE
THE  DEPARTMENT  WITH  DOCUMENTATION  SHOWING  THAT  THE  APPLICANT  HAS
SUCCESSFULLY  COMPLETED SUCH TRAINING.  THE COMMISSIONER SHALL PRESCRIBE
REGULATIONS REQUIRING THAT TEACHER PREPARATION INSTITUTIONS, IN THE  TWO
THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN ACADEMIC YEAR, INCLUDE INSTRUC-
TION  IN THE ADMINISTRATION OF AN EPINEPHRINE AUTO-INJECTOR. SUCH TRAIN-
ING SHALL BE LIMITED TO THE USE OF AN EPINEPHRINE AUTO-INJECTOR IN EMER-
GENCY SITUATIONS WHERE A REGISTERED NURSE OR OTHER LICENSED HEALTH  CARE
WORKER IS NOT AVAILABLE.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11717-02-2

Co-Sponsors

S5458B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8977B
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add §3001-e, Ed L

S5458B (ACTIVE) - Bill Texts

view summary

Requires newly certified teachers to be competent in the use of an epinephrine auto-injector.

view sponsor memo
BILL NUMBER:S5458B

TITLE OF BILL:
An act to amend the education law, in relation to requiring newly certi-
fied teachers to be competent in the use of an epinephrine auto-injector

PURPOSE:
To require all teachers to be trained in the administration of epineph-
rine auto injector devices prior to certification.

SUMMARY OF PROVISIONS:
Section 1 amends the education law to add a new section 3001-e which
requires newly certified teachers to be trained in the use of an
epinephrine auto-injector.

Section 2 provides an effective date.

JUSTIFICATION:
Food allergies occur in 6% to 8% of children, and according to the
National Institutes of Health, there are 150 deaths per year due to food
allergies. Epinephrine is vital to the survival of a person experiencing
anaphylaxis (a sudden, potentially fatal reaction to food or insect
stings), however, it must be administered in a timely manner to be
effective.

While every school district has a medical officer, there is no require-
ment that a nurse be present in a school building at all times. Given
the possibility of a delay in getting a licensed healthcare provider to
a child in anaphylaxis shock, it is important that teachers understand
how to use an epi-pen.

It is important to note that any school staff member may administer
epinephrine with an auto injector device in an emergency situation.
Such a response is permitted under the Medical Practice Act (Education
Law §6527 and the Nurse Practice Act (Education Law §6908 and is covered
by the "Good Samaritan Law" (Public Health Law §3000-a.), and therefore
carries no liability for the school or employee.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediate, however the requirement applies only to those receiving their
certification on or after the effective date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5458--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 24, 2011
                               ___________

Introduced by Sens. SALAND, OPPENHEIMER -- read twice and ordered print-
  ed,  and when printed to be committed to the Committee on Education --
  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  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the education law, in relation to requiring newly certi-
  fied teachers to be competent in the use of an epinephrine auto-injec-
  tor

  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 3001-e
to read as follows:
  S 3001-E. EPINEPHRINE AUTO-INJECTOR INSTRUCTION MANDATORY  FOR  TEACH-
ERS.  THE  COMMISSIONER  SHALL  PRESCRIBE REGULATIONS REQUIRING THAT ALL
PERSONS CERTIFIED AS A  CLASSROOM  TEACHER,  TEACHING  ASSISTANT,  PUPIL
PERSONNEL  SERVICE  PROFESSIONAL,  SCHOOL ADMINISTRATOR OR SUPERVISOR OR
SUPERINTENDENT OF SCHOOLS, SHALL, IN ADDITION TO ALL THE  OTHER  CERTIF-
ICATION  OR  LICENSING  REQUIREMENTS, COMPLETE, NO LATER THAN SIX MONTHS
AFTER BECOMING CERTIFIED, A COURSE OR TRAINING IN THE USE OF AN EPINEPH-
RINE AUTO-INJECTOR AND SHALL PROVIDE THE DEPARTMENT  WITH  DOCUMENTATION
SHOWING  THAT  THE  APPLICANT  HAS SUCCESSFULLY COMPLETED SUCH TRAINING.
THE COMMISSIONER SHALL  PRESCRIBE  REGULATIONS  REQUIRING  THAT  TEACHER
PREPARATION INSTITUTIONS INCLUDE INSTRUCTION IN THE ADMINISTRATION OF AN
EPINEPHRINE  AUTO-INJECTOR  COMMENCING IN THE TWO THOUSAND THIRTEEN--TWO
THOUSAND FOURTEEN ACADEMIC YEAR.  SUCH TRAINING SHALL BE LIMITED TO  THE
USE  OF  AN  EPINEPHRINE  AUTO-INJECTOR  IN EMERGENCY SITUATIONS WHERE A
REGISTERED NURSE OR OTHER LICENSED HEALTH CARE WORKER IS NOT AVAILABLE.
  S 2. This act shall take effect immediately and shall apply to  class-
room  teachers,  teaching  assistants,  pupil  personnel service profes-
sionals, school administrators and  supervisors  or  superintendents  of
schools certified on or after such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11717-05-2

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