S T A T E O F N E W Y O R K
________________________________________________________________________
8085
2013-2014 Regular Sessions
I N A S S E M B L Y
June 18, 2013
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law and the public health law, in relation
to on-site epinephrine auto-injectors
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 919-a
to read as follows:
S 919-A. ON-SITE EPINEPHRINE AUTO-INJECTOR. SCHOOL DISTRICTS, BOARDS
OF COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION AND
EXTENSION BOARDS, CHARTER SCHOOLS, AND NON-PUBLIC ELEMENTARY AND SECOND-
ARY SCHOOLS IN THIS STATE MAY PROVIDE AND MAINTAIN ON-SITE IN EACH
INSTRUCTIONAL SCHOOL FACILITY EPINEPHRINE AUTO-INJECTORS IN QUANTITIES
AND TYPES DEEMED BY THE COMMISSIONER, IN CONSULTATION WITH THE COMMIS-
SIONER OF HEALTH, TO BE ADEQUATE TO ENSURE READY AND APPROPRIATE ACCESS
FOR USE DURING EMERGENCIES TO ANY STUDENT OR STAFF MEMBER HAVING ANAPHY-
LACTIC SYMPTOMS WHETHER OR NOT THERE IS A PREVIOUS HISTORY OF SEVERE
ALLERGIC REACTION.
S 2. Paragraph (a) of subdivision 1 of section 3000-c of the public
health law, as amended by chapter 350 of the laws of 2001, is amended to
read as follows:
(a) "Eligible person, firm, organization, or other entity" means, (i)
an ambulance service or advanced life support first response service; a
certified first responder, emergency medical technician, or advanced
emergency medical technician, who is employed by or an enrolled member
of any such service; (ii) a children's overnight camp as defined in
subdivision one of section thirteen hundred ninety-two of this chapter,
a summer day camp as defined in subdivision two of section thirteen
hundred ninety-two of this chapter, a traveling summer day camp as
defined in subdivision three of section thirteen hundred ninety-two of
this chapter or a person employed by such a camp; or (iii) SCHOOLS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11492-01-3
A. 8085 2
DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL
EDUCATION AND EXTENSION BOARDS, CHARTER SCHOOLS, AND NON-PUBLIC ELEMEN-
TARY AND SECONDARY SCHOOLS IN THIS STATE OR A DULY HIRED NURSE OR ANY
PERSON EMPLOYED BY ANY SUCH ENTITY; OR (IV) any other person, firm,
organization or entity designated pursuant to regulations of the commis-
sioner in consultation with other appropriate agencies; and all subject
to regulations of the commissioner.
S 3. The education law is amended by adding a new section 921 to read
as follows:
S 921. EPINEPHRINE AUTO-INJECTORS. IN ACCORDANCE WITH SECTION THREE
THOUSAND-C OF THE PUBLIC HEALTH LAW, ELIGIBLE SCHOOL DISTRICTS, BOARDS
OF COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION AND
EXTENSION BOARDS, CHARTER SCHOOLS, AND NON-PUBLIC ELEMENTARY AND SECOND-
ARY SCHOOLS IN THIS STATE OR A DULY HIRED NURSE OR ANY PERSON EMPLOYED
BY ANY SUCH ENTITY MAY ADMINISTER EPINEPHRINE AUTO-INJECTORS IN THE
EVENT OF AN EMERGENCY CONTINGENT ON THE INDIVIDUAL OR ENTITY COMPLETING
THE APPROPRIATE TRAINING AND HAVING A COLLABORATIVE AGREEMENT WITH A
PHYSICIAN OR HOSPITAL.
S 4. 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 nurse, eligible person, firm, organization, or other entity or
individual at the school or a school-sponsored function, provided that
such use was performed reasonably and in good faith.
S 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the commissioner of
education, in consultation with the commissioner of health, is author-
ized to promulgate any rule or regulation necessary for the timely
implementation of this act on its effective date.