S T A T E O F N E W Y O R K
________________________________________________________________________
840
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. ORTIZ, GALEF, SPANO, BOYLAND -- Multi-Sponsored
by -- M. of A. HOOPER, JACOBS, McENENY, PERRY, J. RIVERA, TOWNS, WEIS-
ENBERG, WRIGHT -- read once and referred 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03642-01-1
A. 840 2
SIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, SHALL ESTABLISH
STANDARDS FOR THE DEVELOPMENT OF SUCH PLANS.
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.