NY State Senate Bill S8093

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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view actions (1)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2022	referred to education

Co-Sponsors

S8093 (ACTIVE) - Details

See Assembly Version of this Bill:: A523
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
2019-2020: S5738, A768
2023-2024: A228

S8093 (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.

S8093 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8093

SPONSOR: CLEARE
 
TITLE OF BILL:

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

 
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; S.2747 - Committed to Rules

2015-16: A.877 - Referred to Education; S.7419 - Referred to Education

2013-14: A.759-A - Referred to Education; S.4876 - Referred to Education

2011-12: A.8977-B - Referred to Education; S.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.

S8093 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8093
 
                             I N  S E N A T E
 
                             January 25, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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.
                                                            LBD00444-01-1

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The New York State Senate

senate Bill S8093

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

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Co-Sponsors

S8093 (ACTIVE) - Details

S8093 (ACTIVE) - Summary

S8093 (ACTIVE) - Sponsor Memo

S8093 (ACTIVE) - Bill Text download pdf

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senate Bill S8093

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Sponsored By

Cordell Cleare

Archive: Last Bill Status - In Senate Committee Education Committee

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Actions

Co-Sponsors

Joseph P. Addabbo Jr

Alessandra Biaggi

George M. Borrello

James Gaughran

John W. Mannion

S8093 (ACTIVE) - Details

S8093 (ACTIVE) - Summary

S8093 (ACTIVE) - Sponsor Memo

S8093 (ACTIVE) - Bill Text download pdf

Comments