S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1855
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, WEPRIN -- read once and referred to
   the Committee on Health
 
 AN  ACT to amend the public health law, in relation to epinephrine auto-
   injectors in schools
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  public health law is amended by adding a new section
 3000-cc to read as follows:
   § 3000-CC. EPINEPHRINE IN SCHOOLS. 1.  FOR PURPOSES OF THIS SECTION:
   (A) "ANAPHYLAXIS" MEANS A POTENTIALLY LIFE-THREATENING HYPERSENSITIVI-
 TY OR ALLERGIC REACTION TO A SUBSTANCE.
   I. SYMPTOMS OF ANAPHYLAXIS MAY INCLUDE SHORTNESS OF BREATH,  WHEEZING,
 DIFFICULTY  BREATHING, DIFFICULTY TALKING OR SWALLOWING, HIVES, ITCHING,
 SWELLING, SHOCK, OR ASTHMA.
   II. CAUSES OF ANAPHYLAXIS MAY INCLUDE, BUT ARE NOT LIMITED TO,  INSECT
 STINGS OR BITES, FOODS, DRUGS, AND OTHER ALLERGENS, AS WELL AS IDIOPATH-
 IC OR EXERCISE-INDUCED ANAPHYLAXIS.
   (B)  "TRAINED  PERSONNEL"  WITH  RESPECT TO AN ELEMENTARY OR SECONDARY
 SCHOOL SHALL MEAN AN INDIVIDUAL:
   I. WHO HAS BEEN DESIGNATED BY  THE  PRINCIPAL  (OR  OTHER  APPROPRIATE
 ADMINISTRATIVE  STAFF)  OF  THE  SCHOOL  TO  ADMINISTER EPINEPHRINE ON A
 VOLUNTARY BASIS OUTSIDE THEIR SCOPE OF EMPLOYMENT;
   II. WHO HAS RECEIVED TRAINING IN THE  ADMINISTRATION  OF  EPINEPHRINE;
 AND
   III.  WHOSE TRAINING IN THE ADMINISTRATION OF EPINEPHRINE MEETS APPRO-
 PRIATE MEDICAL STANDARDS.
   2. (A) EACH SCHOOL SHALL TRAIN SCHOOL PERSONNEL TO ADMINISTER EPINEPH-
 RINE TO ANY STUDENT OF THE SCHOOL REASONABLY BELIEVED  TO  BE  SUFFERING
 FROM ANAPHYLAXIS.
   (B) THE MINIMUM TRAINING PROVIDED BY EACH SCHOOL IN THE ADMINISTRATION
 OF EPINEPHRINE SHALL INCLUDE BUT NOT BE LIMITED TO:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06489-01-3
              

 A. 1855                             2
 
   I.  TECHNIQUES  FOR  RECOGNIZING CIRCUMSTANCES, SIGNS, AND SYMPTOMS OF
 ANAPHYLAXIS; AND
   II.  STANDARDS  AND PROCEDURES FOR PROPER STORAGE AND EMERGENCY USE OF
 EPINEPHRINE AUTO-INJECTORS.
   3. EACH SCHOOL SHALL MAINTAIN AT LEAST TWO EPINEPHRINE  AUTO-INJECTORS
 (EPI-PENS)  IN  SEPARATE, SECURE LOCATIONS THAT ARE EASILY ACCESSIBLE BY
 THE RELEVANT TRAINED PERSONNEL OF THE SCHOOL FOR THE PURPOSE OF ADMINIS-
 TRATION TO ANY STUDENT OF THE SCHOOL REASONABLY BELIEVED TO BE SUFFERING
 FROM ANAPHYLAXIS.
   4. EACH SCHOOL IS REQUIRED TO HAVE IN PLACE A PLAN FOR HAVING  ON  THE
 PREMISES  OF THE SCHOOL DURING ALL OPERATING HOURS, ONE OR MORE INDIVID-
 UALS WHO ARE TRAINED PERSONNEL IN THE ADMINISTRATION OF EPINEPHRINE.
   5. EACH SCHOOL SHALL SEND NOTIFICATION HOME AT THE  BEGINNING  OF  THE
 SCHOOL  YEAR  TO  ALL  PARENTS  AND/OR  GUARDIANS INFORMING THEM THAT AN
 EPINEPHRINE AUTO-INJECTOR COULD BE ADMINISTERED TO THEIR  CHILD  IN  THE
 EVENT OF AN ANAPHYLACTIC REACTION.
   6. SCHOOL OFFICIALS SHALL OBTAIN EPI-PENS FROM THE APPROPRIATE MEDICAL
 PROFESSIONALS,  BUT  A  PRESCRIPTION  IS NOT REQUIRED FOR THEIR ADMINIS-
 TRATION.
   7. SCHOOL OFFICIALS SHALL CALL 911 EMERGENCY SERVICES AS SOON AS SAFE-
 LY POSSIBLE AFTER ADMINISTERING AN EPI-PEN.
   8. SCHOOLS AND/OR STAFF MEMBERS WHO ARE OTHERWISE IN  COMPLIANCE  WITH
 THE  REQUIREMENTS  OF  THIS  SECTION  SHALL  NOT  BE HELD LIABLE FOR THE
 REASONABLE AND GOOD FAITH ADMINISTRATION OF THE EPI-PEN PURSUANT TO THIS
 SECTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.