Senate Bill S5738

                                
 
BILL NUMBER: S5738

SPONSOR: BENJAMIN
 
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:

This bill requires all teachers to be trained in the administration of
epinephrine auto-injector devices.

 
SUMMARY OF PROVISIONS:

Section one amends the education law by adding a new section 3001-e.

Section two sets forth the effective date.

 
EXISTING LAW:

              

 
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 § 6906 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:

2017-18: A.299 - Referred to Education; 5.2747 - Committed to Rules
2015-16: A.877 - Referred to Education; 5.7419 - Referred to Education
2013-14: A.759-A - Referred to Education; 5.4876 - Referred to Education
2011-12: A.8977-B - Referred to Education; 5.5458-B Referred to Educa-
tion

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This bill shall take effect immediately and shall apply to classroom
teachers that have been certified after such effective date.