NY State Senate Bill 2021-S1043A

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
Jan 25, 2021	reported and committed to finance
Jan 20, 2021	print number 1043a
Jan 20, 2021	amend and recommit to health
Jan 06, 2021	referred to health

Votes

- Jan 25, 2021 - Health Committee Vote
  S1043A
  
  Aye
  
  10
  
  Nay
  
  4
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Health Committee Vote: Jan 25, 2021
      
      aye (10)
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Brouk
      
      Hoylman-Sigal
      
      Kaminsky
      
      May
      
      Rivera
      
      Ryan
      
      Salazar
      
      nay (4)
      
      Gallivan
      
      Oberacker
      
      Rath III
      
      Stec
      
      aye wr (1)
      
      Thomas

Bill Amendments

Original

A (Active)

2021-S1043 - Details

See Assembly Version of this Bill:: A6167
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2500-h, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S7085

2021-S1043 - Summary

Requires cafeteria staff to be trained in preventing and responding to anaphylaxis and that epinephrine auto-injectors be accessible in cafeterias with instructions displayed in multiple languages.

2021-S1043 - Sponsor Memo

                                
 
BILL NUMBER: S1043

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring cafete-
ria staff to be trained in preventing and responding to anaphylaxis

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to codify the training of cafeteria staff in
the prevention and response of anaphylaxis in schools. This will
decrease the instances of student injury and death.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Paragraph (d) of subdivision 1 and subdivision 2 of section 2
2500-h of the public health law, paragraph (d) of subdivision 1 as added
and subdivision 2 as amended by chapter 254 of the laws of 2019, are
amended to include: Cafeteria Staff.

Subdivision 2 The anaphylactic policies established under subdivision
one of this section shall be amended to include the following:

(b) A training course for appropriate school and child day care person-
nel including cafeteria staff, for preventing and responding to anaphy-
laxis.

The training course shall include training in food handling and in the
use of epinephrine auto-injectors, which shall be provided

(g) Requirements that epinephrine auto-injectors be accessible in cafe-
terias. Epinephrine auto-injectors located in cafeterias shall be clear-
ly labeled with instructional signs available in each of the ten covered
languages as defined by the Chancellor of the city district of the city
of New York in the Chancellors regulation A-663.

Section 2 Sets effective date.

 
FISCAL IMPLICATIONS:

To be determined.

 
JUSTIFICATION:

Cafeteria staff plan menus, prepare, cook and serve food to children.
As the first line of defense for student health and nutrition in school
kitchens, staff must be equipped to understand and handle severe aller-
gies. With the proper training and licensing for those that care for
children of all ages, families can trust the safety of their children.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S1043 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1043
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to requiring  cafete-
   ria staff to be trained in preventing and responding to anaphylaxis
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (d) of subdivision 1 and subdivision 2 of section
 2500-h of the public health law, paragraph (d) of subdivision 1 as added
 and subdivision 2 as amended by chapter 254 of the  laws  of  2019,  are
 amended to read as follows:
   (d)  The  commissioner  shall create informational materials detailing
 such anaphylactic policies to be distributed to local school  boards  of
 education,  charter schools, boards of cooperative educational services,
 [and] child day care centers, AND CAFETERIA STAFF  and  shall  make  the
 materials available on the department's website.
   2. The anaphylactic policies established under subdivision one of this
 section shall include the following:
   (a)  a procedure and treatment plan, including emergency protocols and
 responsibilities for school nurses  and  other  appropriate  school  and
 child day care personnel, for responding to anaphylaxis;
   (b)  a  training  course  for  appropriate  school  and child day care
 personnel, INCLUDING CAFETERIA STAFF, for preventing and  responding  to
 anaphylaxis.  The  commissioner  shall, in consultation with the commis-
 sioner of children and family services and the  commissioner  of  educa-
 tion,  consider existing training programs for responding to anaphylaxis
 in order to avoid duplicative training requirements.  Such  pre-existing
 program  shall fulfill the requirement for a training course pursuant to
 this subdivision if the  standards  of  such  pre-existing  program  are
 deemed  by the commissioner to be at least as stringent as the standards
 promulgated by the commissioner  in  the  development  of  the  training
 course  by the state. THE TRAINING COURSE SHALL INCLUDE TRAINING IN FOOD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05019-01-1

 S. 1043                             2
 
 HANDLING AND IN THE USE OF EPINEPHRINE  AUTO-INJECTORS  WHICH  SHALL  BE
 PROVIDED TO CAFETERIA STAFF;
   (c)  a  procedure and appropriate guidelines for the development of an
 individualized emergency health care plan for children with  a  food  or
 other allergy which could result in anaphylaxis;
   (d)  a  communication plan for intake and dissemination of information
 provided by the state regarding children with a food  or  other  allergy
 which  could  result  in anaphylaxis, including a discussion of methods,
 treatments and therapies to  reduce  the  risk  of  allergic  reactions,
 including anaphylaxis;
   (e) strategies for the reduction of the risk of exposure to anaphylac-
 tic causative agents, including food and other allergens; [and]
   (f) a communication plan for discussion with children that have devel-
 oped adequate verbal communication and comprehension skills and with the
 parents  or  guardians  of  all  children  about foods that are safe and
 unsafe and about strategies to avoid exposure to unsafe food[.]; AND
   (G) REQUIREMENTS THAT  EPINEPHRINE  AUTO-INJECTORS  BE  ACCESSIBLE  IN
 CAFETERIAS.  EPINEPHRINE  AUTO-INJECTORS  LOCATED IN CAFETERIAS SHALL BE
 CLEARLY LABELED WITH INSTRUCTIONAL SIGNS AVAILABLE IN EACH  OF  THE  TEN
 COVERED  LANGUAGES,  AS  DEFINED  BY  THE  CHANCELLOR OF THE CITY SCHOOL
 DISTRICT OF THE CITY OF NEW YORK IN THE CHANCELLOR'S REGULATION A-663.
   § 2. This act shall take effect immediately.

co-Sponsors

2021-S1043A (ACTIVE) - Details

See Assembly Version of this Bill:: A6167
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2500-h, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S7085

2021-S1043A (ACTIVE) - Summary

Requires cafeteria staff to be trained in preventing and responding to anaphylaxis and that epinephrine auto-injectors be accessible in cafeterias with instructions displayed in multiple languages.

2021-S1043A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1043A

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring cafete-
ria staff to be trained in preventing and responding to anaphylaxis

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to codify the training of Cafeteria staff in
the prevention and response of anaphylaxis in schools. This will
decrease the instances of student injury and death.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Paragraph (d) of subdivision 1 and subdivision 2 of section 2
2500-h of the public health law, paragraph (d) of subdivision 1 as added
and subdivision 2 as amended by chapter 254 of the laws of 2019, are
amended to include: Cafeteria Staff.  Subdivision 2 The anaphylactic
policies established under subdivision one of this section shall be

amended to include the following:

(b) A training course for appropriate school and child day care person-
nel including cafeteria staff, for preventing and responding to anaphy-
laxis.  The training course shall include training in food handling and
in the use of epinephrine auto-injectors, which shall be provided

(g) Requirements that epinephrine auto-injectors be accessible in cafe-
terias. Epinephrine auto-injectors located in cafeterias shall be clear-
ly labeled with instructional signs available in each of the ten covered
languages as defined by the Chancellor of the city district of the city
of New York in the Chancellor's regulation A-663.

Section 2 Sets effective date.

 
FISCAL IMPLICATIONS:

To be determined.

 
JUSTIFICATION:

Cafeteria staff plan menus, prepare, cook and serve food to children.
As the first line of defense for student health and nutrition in school
kitchens, staff must be equipped to understand and handle severe aller-
gies. As 60% of people do not carry their prescribed epinephrine and 30%
of anaphylactic episodes are sudden onset for those with no previous
diagnoses or medical history of an allergy, with the proper training and
licensing for those that care for children of all ages, families can
trust the safety of their children.

 
PRIOR LEGISLATIVE HISTORY:

2020: 57085 Ramos (No Same as) Referred to Health Committee and Reported
and Committed to Finance

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S1043A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1043--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the public health law, in relation to requiring cafete-
   ria staff to be trained in preventing and responding to anaphylaxis
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (d) of subdivision 1 and subdivision 2 of section
 2500-h of the public health law, paragraph (d) of subdivision 1 as added
 and  subdivision  2  as  amended by chapter 254 of the laws of 2019, are
 amended to read as follows:
   (d) The commissioner shall create  informational  materials  detailing
 such  anaphylactic  policies to be distributed to local school boards of
 education, charter schools, boards of cooperative educational  services,
 [and]  child  day  care  centers, AND CAFETERIA STAFF and shall make the
 materials available on the department's website.
   2. The anaphylactic policies established under subdivision one of this
 section shall include the following:
   (a) a procedure and treatment plan, including emergency protocols  and
 responsibilities  for  school  nurses  and  other appropriate school and
 child day care personnel, for responding to anaphylaxis;
   (b) a training course  for  appropriate  school  and  child  day  care
 personnel,  INCLUDING  CAFETERIA STAFF, for preventing and responding to
 anaphylaxis. The commissioner shall, in consultation  with  the  commis-
 sioner  of  children  and family services and the commissioner of educa-
 tion, consider existing training programs for responding to  anaphylaxis
 in  order  to avoid duplicative training requirements. Such pre-existing
 program shall fulfill the requirement for a training course pursuant  to
 this  subdivision  if  the  standards  of  such pre-existing program are
 deemed by the commissioner to be at least as stringent as the  standards
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05019-02-1

 S. 1043--A                          2
 
 promulgated  by  the  commissioner  in  the  development of the training
 course by the state. THE TRAINING COURSE SHALL INCLUDE TRAINING IN  FOOD
 HANDLING  AND  IN  THE  USE OF EPINEPHRINE AUTO-INJECTORS WHICH SHALL BE
 PROVIDED TO CAFETERIA STAFF;
   (c)  a  procedure and appropriate guidelines for the development of an
 individualized emergency health care plan for children with  a  food  or
 other allergy which could result in anaphylaxis;
   (d)  a  communication plan for intake and dissemination of information
 provided by the state regarding children with a food  or  other  allergy
 which  could  result  in anaphylaxis, including a discussion of methods,
 treatments and therapies to  reduce  the  risk  of  allergic  reactions,
 including anaphylaxis;
   (e) strategies for the reduction of the risk of exposure to anaphylac-
 tic causative agents, including food and other allergens; [and]
   (f) a communication plan for discussion with children that have devel-
 oped adequate verbal communication and comprehension skills and with the
 parents  or  guardians  of  all  children  about foods that are safe and
 unsafe and about strategies to avoid exposure to unsafe food[.]; AND
   (G) REQUIREMENTS THAT  EPINEPHRINE  AUTO-INJECTORS  BE  ACCESSIBLE  IN
 CAFETERIAS.  EPINEPHRINE  AUTO-INJECTORS  LOCATED IN CAFETERIAS SHALL BE
 CLEARLY LABELED WITH INSTRUCTIONAL SIGNS AVAILABLE IN EACH  OF  THE  TEN
 COVERED  LANGUAGES,  AS  DEFINED  BY  THE  CHANCELLOR OF THE CITY SCHOOL
 DISTRICT OF THE CITY OF NEW YORK IN THE CHANCELLOR'S REGULATION A-663.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S1043A

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Votes

Jan 25, 2021 - Health Committee Vote

Health Committee Vote: Jan 25, 2021

Bill Amendments

2021-S1043 - Details

2021-S1043 - Summary

2021-S1043 - Sponsor Memo

2021-S1043 - Bill Text download pdf

co-Sponsors

2021-S1043A (ACTIVE) - Details

2021-S1043A (ACTIVE) - Summary

2021-S1043A (ACTIVE) - Sponsor Memo

2021-S1043A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S1043A

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Sponsored By

Jessica Ramos

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Votes

Bill Amendments

2021-S1043 - Details

2021-S1043 - Summary

2021-S1043 - Sponsor Memo

2021-S1043 - Bill Text download pdf

co-Sponsors

Joseph P. Addabbo Jr.

2021-S1043A (ACTIVE) - Details

2021-S1043A (ACTIVE) - Summary

2021-S1043A (ACTIVE) - Sponsor Memo

2021-S1043A (ACTIVE) - Bill Text download pdf

Comments