senate Bill S5500A

2011-2012 Legislative Session

Authorizes students to carry epinephrine and an epinephrine auto-injector in school

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 referred to education
delivered to assembly
passed senate
ordered to third reading cal.1462
committee discharged and committed to rules
Jun 18, 2012 print number 5500a
amend and recommit to education
Jan 04, 2012 referred to education
May 26, 2011 referred to education

Co-Sponsors

S5500 - Details

See Assembly Version of this Bill:
A840A
Law Section:
Education Law
Laws Affected:
Add §921, Ed L
Versions Introduced in 2009-2010 Legislative Session:
A2471

S5500 - Summary

Authorizes students to carry epinephrine and an epinephrine auto-injector in school.

S5500 - Sponsor Memo

S5500 - Bill Text download pdf

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

                                  5500

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 26, 2011
                               ___________

Introduced  by  Sen.  RANZENHOFER -- 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 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.  A.
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 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 BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT OR BOARD
OF COOPERATIVE EDUCATIONAL SERVICES THAT HAS ALLOWED THE USE OF EPINEPH-
RINE  AND  A DEVICE TO SELF-ADMINISTER EPINEPHRINE BY A STUDENT PURSUANT
TO THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION SHALL  PREPARE  FOR
EACH  SUCH  STUDENT AN EMERGENCY ACTION PLAN AND A SEVERE ALLERGY TREAT-
MENT PLAN WITH THE ASSISTANCE OF THE PHYSICIAN OF THE PUPIL, WHICH IDEN-
TIFIES, AT A MINIMUM, SEVERE ALLERGY TRIGGERS, THE TREATMENT  PLAN,  AND
SUCH OTHER ELEMENTS AS SHALL BE DETERMINED BY THE PHYSICIAN. THE COMMIS-
SIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, SHALL ESTABLISH
STANDARDS FOR THE DEVELOPMENT OF SUCH PLANS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03642-01-1

Co-Sponsors

S5500A (ACTIVE) - Details

See Assembly Version of this Bill:
A840A
Law Section:
Education Law
Laws Affected:
Add §921, Ed L
Versions Introduced in 2009-2010 Legislative Session:
A2471

S5500A (ACTIVE) - Summary

Authorizes students to carry epinephrine and an epinephrine auto-injector in school.

S5500A (ACTIVE) - Sponsor Memo

S5500A (ACTIVE) - Bill Text download pdf

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

                                 5500--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 26, 2011
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03642-03-2

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