Assembly Bill A149

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    149
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL,  WEPRIN,  COLTON -- read once and
   referred to the Committee on Health
 
 AN ACT to amend the public health law, in  relation  to  epinephrine  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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00950-01-5
              

 A. 149                              2
 
   (B) THE MINIMUM TRAINING PROVIDED BY EACH SCHOOL IN THE ADMINISTRATION
 OF EPINEPHRINE SHALL INCLUDE BUT NOT BE LIMITED TO:
   I.  TECHNIQUES  FOR  RECOGNIZING CIRCUMSTANCES, SIGNS, AND SYMPTOMS OF
 ANAPHYLAXIS; AND
   II. STANDARDS AND PROCEDURES FOR PROPER STORAGE AND EMERGENCY  USE  OF
 EPINEPHRINE DEVICES.
   3.  EACH  SCHOOL  SHALL  MAINTAIN  AT LEAST TWO EPINEPHRINE DEVICES IN
 SEPARATE, SECURE LOCATIONS THAT ARE EASILY ACCESSIBLE  BY  THE  RELEVANT
 TRAINED PERSONNEL OF THE SCHOOL FOR THE PURPOSE OF ADMINISTRATION TO ANY
 STUDENT  OF  THE SCHOOL REASONABLY BELIEVED TO BE SUFFERING FROM ANAPHY-
 LAXIS.
   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 DEVICE COULD BE ADMINISTERED TO THEIR CHILD IN THE EVENT  OF
 AN ANAPHYLACTIC REACTION.
   6.  SCHOOL  OFFICIALS SHALL OBTAIN EPINEPHRINE DEVICES FROM THE APPRO-
 PRIATE MEDICAL PROFESSIONALS, BUT A PRESCRIPTION  IS  NOT  REQUIRED  FOR
 THEIR ADMINISTRATION.
   7. SCHOOL OFFICIALS SHALL CALL 911 EMERGENCY SERVICES AS SOON AS SAFE-
 LY POSSIBLE AFTER ADMINISTERING AN EPINEPHRINE DEVICE.
   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 EPINEPHRINE DEVICE
 PURSUANT TO THIS SECTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.