NY State Senate Bill S5738

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to education
May 14, 2019	referred to education

Co-Sponsors

S5738 (ACTIVE) - Details

See Assembly Version of this Bill:: A768
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §3001-e, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A8977
2013-2014: A759
2015-2016: S7419, A877
2017-2018: S2747, A299
2021-2022: S587, S8093, A523
2023-2024: A228

S5738 (ACTIVE) - Summary

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

S5738 (ACTIVE) - Sponsor Memo

 
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.

S5738 (ACTIVE) - Bill Text download pdf


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

                                  5738

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 14, 2019
                               ___________

Introduced  by Sen. BENJAMIN -- 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:
  § 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.
  §  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.
                                                           LBD02557-01-9

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The New York State Senate

senate Bill S5738

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

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Co-Sponsors

S5738 (ACTIVE) - Details

S5738 (ACTIVE) - Summary

S5738 (ACTIVE) - Sponsor Memo

S5738 (ACTIVE) - Bill Text download pdf

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senate Bill S5738

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Sponsored By

Brian A. Benjamin

Archive: Last Bill Status - In Senate Committee Education Committee

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Co-Sponsors

Pete Harckham

Todd Kaminsky

James Skoufis

Toby Ann Stavisky

S5738 (ACTIVE) - Details

S5738 (ACTIVE) - Summary

S5738 (ACTIVE) - Sponsor Memo

S5738 (ACTIVE) - Bill Text download pdf

Comments