Assembly Bill A2566B

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

                                  2566

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2013
                               ___________

Introduced  by  M. of A. ORTIZ, GALEF, BOYLAND, ROSENTHAL -- Multi-Spon-
  sored by -- M. of A.    HOOPER,  JACOBS,  PERRY,  RIVERA,  WEISENBERG,
  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.    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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD06864-01-3

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

                                 2566--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2013
                               ___________

Introduced  by  M. of A. ORTIZ, GALEF, BOYLAND, ROSENTHAL, CURRAN, SIMA-
  NOWITZ,  ENGLEBRIGHT,  RA,  McDONOUGH,  MONTESANO,  ZEBROWSKI,   OTIS,
  LAVINE, CAHILL, FINCH -- Multi-Sponsored by -- M. of A. ABBATE, BOREL-
  LI,  BRENNAN,  COOK,  CORWIN,  CROUCH, FAHY, GABRYSZAK, GRAF, HEASTIE,
  HIKIND, HOOPER, JACOBS,  KEARNS,  MAYER,  McLAUGHLIN,  MILLMAN,  MOYA,
  PERRY, RIVERA, SALADINO, SCHIMEL, SOLAGES, THIELE, TITONE, WEISENBERG,
  WRIGHT  --  read  once  and  referred to the Committee on Education --
  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 prescribed
  auto-injectable 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 PRESCRIBED AUTO-INJECTA-
BLE  EPINEPHRINE,  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 AUTHOR-
IZED  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  PRESCRIBED  AUTO-INJECTABLE
EPINEPHRINE  BY  A  SCHOOL  DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06864-03-3
              

A. 2566--A                          2

SERVICES, ITS AGENT, A SCHOOL OFFICER,  EMPLOYEE  OR  VOLUNTEER  AT  THE
SCHOOL  OR  A  SCHOOL-SPONSORED  FUNCTION,  PROVIDED  THAT  SUCH USE WAS
PERFORMED REASONABLY AND IN GOOD FAITH.
  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.