S T A T E O F N E W Y O R K
________________________________________________________________________
817
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to authorizing school
nurses to administer epinephrine auto-injectors in emergency situ-
ations
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. 1. SCHOOL DISTRICTS,
BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION
AND EXTENSION BOARDS AND CHARTER SCHOOLS SHALL 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 COMMISSIONER OF HEALTH TO BE ADEQUATE TO ENSURE READY AND APPROPRI-
ATE ACCESS FOR USE DURING EMERGENCIES. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, SCHOOL NURSES ARE AUTHORIZED TO ADMINISTER EPINEPHRINE
AUTO-INJECTORS IN THE EVENT OF AN EMERGENCY.
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 NURSE AT THE SCHOOL OR A SCHOOL-SPONSORED FUNCTION, PROVIDED THAT
SUCH USE WAS PERFORMED REASONABLY AND IN GOOD FAITH.
3. THE COMMISSIONER SHALL BE AUTHORIZED TO PROMULGATE REGULATIONS FOR
THE IMPLEMENTATION OF THIS SECTION.
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.
LBD05423-01-3