senate Bill S4876

2013-2014 Legislative Session

Requires newly certified teachers to be trained in the use of an epinephrine auto-injector; to be certified within 3 months of date of hire

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Archive: Last Bill Status - In Committee


  • 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
Jan 08, 2014 referred to education
Apr 29, 2013 referred to education

Co-Sponsors

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S4876 - Bill Details

See Assembly Version of this Bill:
A759A
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §3001-e, Ed L

S4876 - Bill Texts

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Requires newly certified teachers to be trained in the use of an epinephrine auto-injector within 3 months of date of hire.

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BILL NUMBER:S4876

TITLE OF BILL: An act to amend the education law, in relation to
requiring newly certified teachers to receive instruction in the use of
an epinephrine auto-injector

PURPOSE:

To require all teachers to be trained in the administration of epineph-
rine auto-injector devices.

SUMMARY OF PROVISIONS:

Section 1: The education law is amended by adding a new section 3001-e.

Section 2: The effective date is established.

JUSTIFICATION:

Food allergies occur in approximately 8% of children, and according to
the National Institutes of Health, there are 150 deaths per year due to
food allergies. Epinephrine is vital to the survival of a person experi-
encing anaphylaxis (a sudden, potentially fatal reaction to food or
insect stings), however, it must be administered in a timely manner to
be effective.

While every school district has a medical officer, there is no require-
ment that a nurse be present in a school building at all times. Given
the possibility of a delay in getting a licensed healthcare provider to
a child in anaphylaxis shock, it is important that teachers understand
how to use an epi-pen,

It is important to note that any school staff member may administer
epinephrine with an auto injector device in an emergency situation.
Such a response is permitted under the Medical Practice Act (Education
Law § 6527 4 a and the Nurse Practice Act (Education Law g6906 1 a iv)
and is covered by the "Good Samaritan Law" (Public Health Law § 3000a.),
and therefore carries no liability for the school or employee.

LEGISLATIVE HISTORY:

A.8977 of 2011-2012

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately and shall apply to classroom
teachers that have been certified after such effective date.

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

                                  4876

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 29, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 requiring newly certi-
  fied teachers to receive instruction in  the  use  of  an  epinephrine
  auto-injector

  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 3001-e
to read as follows:
  S 3001-E. EPINEPHRINE AUTO-INJECTOR  INSTRUCTION.    1.  (A)  TEACHERS
SHALL  COMPLETE  A  COURSE  OR  TRAINING  IN  THE  USE OF AN EPINEPHRINE
AUTO-INJECTOR WITHIN THREE MONTHS OF THE DAY SUCH PERSON WAS HIRED BY  A
SCHOOL  DISTRICT  OR  SCHOOLS DESIGNATED UNDER ARTICLE FIFTY-SIX OF THIS
CHAPTER IN THE STATE.
  (B) DOCUMENTATION SHOWING THE SUCCESSFUL COMPLETION OF THE EPINEPHRINE
AUTO-INJECTOR INSTRUCTION REQUIRED PURSUANT TO  THIS  SECTION  SHALL  BE
KEPT IN SUCH TEACHER'S PERSONNEL FILE.
  2.  THE TRAINING REQUIRED PURSUANT TO THIS SECTION MAY BE PERFORMED BY
THE REGISTERED NURSE AT THE SCHOOL IN WHICH THE TEACHER IS HIRED TO WORK
OR BY A RECOGNIZED FOOD ALLERGY AND ANAPHYLAXIS TRAINING PROGRAM THROUGH
ANY METHOD AVAILABLE, INCLUDING BUT NOT LIMITED TO COURSES ONLINE OR  IN
PERSON.
  S  2. This act shall take effect immediately and shall apply to class-
room teachers that have been certified after such effective date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10597-01-3

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