S T A T E O F N E W Y O R K
________________________________________________________________________
4930
2023-2024 Regular Sessions
I N A S S E M B L Y
February 27, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to requiring that certain
school personnel are properly trained in the treatment of severe
allergies and anaphylaxis and the administration of glucagon or an
emergency epinephrine auto injector
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 902-b of the education law, as
added by chapter 423 of the laws of 2014, is amended and a new subdivi-
sion 1-a is added to read as follows:
1. Licensed nurses, nurse practitioners, physician assistants, or
physicians employed by schools are authorized, SO LONG AS THEY HAVE
COMPLETED THE TRAINING REQUIRED PURSUANT TO SUBDIVISION ONE-A OF THIS
SECTION, to administer prescribed epinephrine pursuant to the scope of
practice of the licensed individual under title VIII of this chapter, to
pupils diagnosed by a physician or other duly authorized health care
provider with an allergy who have the written permission of a physician
or other duly authorized health care provider for the administration of
emergency epinephrine and written parental consent to carry and use an
epinephrine auto injector pursuant to section nine hundred sixteen-a of
this article, during the school day on school property and at any school
function as such terms are defined, respectively, by subdivisions one
and two of section eleven of this chapter.
1-A. EVERY LICENSED NURSE, NURSE PRACTITIONER, PHYSICIAN ASSISTANT, OR
PHYSICIAN EMPLOYED BY A SCHOOL SHALL HAVE COMPLETED PROPER TRAINING, IN
A FORM AND MANNER PRESCRIBED BY THE COMMISSIONER, IN THE ASSESSMENT,
MANAGEMENT AND TREATMENT OF SEVERE ALLERGIES AND ANAPHYLAXIS. SUCH
TRAINING SHALL INCORPORATE THE REQUIREMENTS SET FORTH IN SECTION TWEN-
TY-FIVE HUNDRED-H OF THE PUBLIC HEALTH LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02772-01-3
A. 4930 2
§ 2. Subdivision 1 of section 921 of the education law, as amended by
chapter 339 of the laws of 2021, is amended and a new subdivision 1-a is
added to read as follows:
1. The board of education or trustees of each school district and
board of cooperative educational services and nonpublic schools are
authorized[, but not obligated] to have licensed registered professional
nurses, nurse practitioners, physician assistants, and physicians train
unlicensed school personnel to administer prescribed glucagon or
epinephrine auto injectors in emergency situations, where an appropri-
ately licensed health professional is not available, to pupils who have
the written permission of a physician or other duly authorized health
care provider for the administration of glucagon or emergency epineph-
rine auto injector, along with written parental consent, during the
school day on school property and at any school function as such terms
are defined, respectively, by subdivisions one and two of section eleven
of this chapter. Training must be provided by a physician or other duly
authorized licensed health care professional in a competent manner and
must be completed in a form and manner prescribed by the commissioner in
regulation. EVERY SCHOOL WHICH HAS AT LEAST ONE PUPIL WHO HAS THE WRIT-
TEN PERMISSION OF A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE
PROVIDER FOR THE ADMINISTRATION OF GLUCAGON OR AN EMERGENCY EPINEPHRINE
AUTO INJECTOR, ALONG WITH WRITTEN PARENTAL CONSENT, SHALL BE REQUIRED TO
HAVE AT LEAST TWO UNLICENSED SCHOOL PERSONNEL WHO ARE TRAINED PURSUANT
TO THIS SECTION TO ADMINISTER GLUCAGON OR AN EMERGENCY EPINEPHRINE AUTO
INJECTOR.
1-A. IN EVERY ELEMENTARY SCHOOL OR ANY OTHER SCHOOL WHERE PUPILS ARE
BASED IN A SINGLE CLASSROOM, IF THERE IS AT LEAST ONE PUPIL WHO HAS THE
WRITTEN PERMISSION OF A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE
PROVIDER FOR THE ADMINISTRATION OF GLUCAGON OR AN EMERGENCY EPINEPHRINE
AUTO INJECTOR, ALONG WITH WRITTEN PARENTAL CONSENT, SUCH SCHOOL SHALL
ENSURE THAT THE TEACHER OF THE CLASSROOM THAT SUCH PUPIL IS IN IS PROP-
ERLY TRAINED PURSUANT TO THIS SECTION TO ADMINISTER GLUCAGON OR AN EMER-
GENCY EPINEPHRINE AUTO INJECTOR.
§ 3. This act shall take effect immediately.