senate Bill S5500A

2011-2012 Legislative Session

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

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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

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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

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S5500 - Bill Details

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

S5500 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5500

TITLE OF BILL:
An act
to amend the education law, in relation to the use of 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 - A.11093
2005 - A.2166 - Referred to Education
2007-08 - A.3921 - Referred to Education
2009/10 - A.2471 - Referred to 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 if 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.

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                    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

S. 5500                             2

  2. THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT OR BOARD
OF  COOPERATIVE  EDUCATIONAL  SERVICES  THAT  HAS  APPROVED  THE  USE OF
EPINEPHRINE AND A DEVICE TO SELF-ADMINISTER  EPINEPHRINE  BY  A  STUDENT
PURSUANT  TO  THE  PROVISIONS  OF  SUBDIVISION ONE OF THIS SECTION SHALL
INFORM  THE  PARENTS,  GUARDIANS  OR PERSONS IN PARENTAL RELATION TO THE
PUPIL IN WRITING THAT THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES AND ITS EMPLOYEES OR AGENTS SHALL INCUR NO LIABILITY  AS
A  RESULT  OF  ANY  INJURY  ARISING FROM THE SELF-ADMINISTRATION OF SUCH
MEDICATION BY THE PUPIL. THE PARENTS, GUARDIANS OR PERSONS  IN  PARENTAL
RELATION  TO  THE  PUPIL  SHALL  SIGN A STATEMENT ACKNOWLEDGING THAT THE
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  SHALL  INCUR  NO
LIABILITY AS A RESULT OF ANY INJURY ARISING FROM THE SELF-ADMINISTRATION
OF SUCH MEDICATION BY THE PUPIL AND THE PARENTS, GUARDIANS OR PERSONS IN
PARENTAL  RELATION SHALL INDEMNIFY AND HOLD HARMLESS THE SCHOOL DISTRICT
OR BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES  AND  ITS  EMPLOYEES  AND
AGENTS  FROM  ANY  CLAIMS ARISING OUT OF THE SELF-ADMINISTRATION OF SUCH
MEDICATION BY THE PUPIL.
  3. A. EVERY SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES
AND NONPUBLIC ELEMENTARY  AND  SECONDARY  SCHOOL  IN  THIS  STATE  SHALL
REQUIRE  AT  LEAST  ONE DEVICE CONTAINING EPINEPHRINE USED TO ADMINISTER
EPINEPHRINE, SUCH AS AN EPINEPHRINE AUTO-INJECTOR, BE MAINTAINED IN  THE
OFFICE OF THE SCHOOL NURSE OR IN A SIMILAR ACCESSIBLE LOCATION.
  B.  THE  COMMISSIONER  SHALL  PROMULGATE  REGULATIONS FOR THE ADMINIS-
TRATION OF EPINEPHRINE  THROUGH  THE  USE  OF  A  DEVICE  TO  ADMINISTER
EPINEPHRINE  BY  THE  SCHOOL  NURSE  OR OTHER PERSON AUTHORIZED BY REGU-
LATION. THE REGULATIONS SHALL INCLUDE:
  (I) A REQUIREMENT THAT EACH CERTIFIED NURSE OR OTHER PERSON AUTHORIZED
TO ADMINISTER EPINEPHRINE IN SCHOOLS RECEIVE TRAINING IN ALLERGY MANAGE-
MENT AND IN THE USE OF DEVICES TO SELF-ADMINISTER EPINEPHRINE CONSISTENT
WITH NATIONALLY RECOGNIZED STANDARDS, INCLUDING,  BUT  NOT  LIMITED  TO,
THOSE  OF THE NATIONAL INSTITUTES OF HEALTH AND THE AMERICAN ASSOCIATION
OF ALLERGY AND IMMUNOLOGY.
  (II) A REQUIREMENT THAT INFORMATION BE PROVIDED TO TEACHING AND  OTHER
SCHOOL STAFF ABOUT:
  (1)  THE PRESENCE OF STUDENTS IN THE SCHOOL WHO MAY SUFFER FROM SEVERE
FOOD OR OTHER ALLERGIES AND THE POTENTIAL CONSEQUENCES  OF  SUCH  ALLER-
GIES;
  (2) THE NEED FOR EPINEPHRINE THROUGH THE USE OF A DEVICE TO ADMINISTER
EPINEPHRINE;
  (3) THE AVAILABILITY OF SUCH MEDICATION FROM THE SCHOOL NURSE OR OTHER
PERSON  AUTHORIZED  BY  REGULATION,  AND  THE  USE OF SUCH MEDICATION BY
PUPILS AUTHORIZED PURSUANT TO SUBDIVISION ONE OF THIS SECTION; AND
  (4) THE PROTOCOL TO BE FOLLOWED WHEN  A  PUPIL  EXPERIENCES  A  SEVERE
ALLERGIC REACTION.
  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.

Co-Sponsors

S5500A (ACTIVE) - Bill Details

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

S5500A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5500A

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

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 a way 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 emergen~y drill, should be developed to ensure
that everyone will know what to do if a reaction occurs.

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 if 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 full 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

S. 5500--A                          2

  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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