Assembly Bill A9245

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9245
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 7, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to requiring epineph-
   rine devices for anaphylaxis and staff trained to use  them  at  child
   day care centers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2500-h of the public  health  law,  as  amended  by
 chapter 254 of the laws of 2019, is renumbered section 2500-h-1.
   §  2.  Paragraphs (b), (e), and (f) of subdivision 2 and subdivision 3
 of section 2500-h-1 of the public health law, as amended  and  paragraph
 (f)  of  subdivision  2  as added by chapter 254 of the laws of 2019 and
 such section as renumbered by section one  of  this  act,  are  amended,
 three  new paragraphs (g), (h), and (i) are added to subdivision 2 and a
 new subdivision 6 is added to read as follows:
   (b) a training course  for  appropriate  school  and  child  day  care
 personnel  for  preventing  and  responding to anaphylaxis. AT LEAST ONE
 STAFF MEMBER TRAINED TO ADMINISTER AN EPINEPHRINE DEVICE, AS DEFINED  BY
 PARAGRAPH (I)  OF THIS SUBDIVISION, SHALL BE PRESENT AT ALL TIMES AT ALL
 CHILD  DAY  CARE  FACILITIES WHILE ANY CHILDREN ARE PRESENT. The commis-
 sioner shall, in consultation with  the  commissioner  of  children  and
 family  services  and  the  commissioner of education, consider existing
 training programs for responding to anaphylaxis in order to avoid dupli-
 cative 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 commission-
 er to be at least as stringent  as  the  standards  promulgated  by  the
 commissioner  in  the  development  of the training course by the state.
 SUCH TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) HOW TO  RECOGNIZE  THE  SIGNS  AND  SYMPTOMS  OF  SEVERE  ALLERGIC
 REACTIONS AND ANAPHYLAXIS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13596-04-5
              

 A. 9245                             2
 
   (II)  THE  RECOMMENDED  WEIGHT-BASED DOSAGE OF EPINEPHRINE DEVICES FOR
 INFANTS, TODDLERS, CHILDREN, AND ADULTS;
   (III)  STANDARDS AND PROCEDURES FOR THE STORAGE AND USE OF EPINEPHRINE
 DEVICES; AND
   (IV) EMERGENCY FOLLOW-UP PROCEDURES;
   (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[.];
   (G) THE REQUIREMENT THAT ALL CHILD DAY CARE PROVIDERS MAINTAIN ON SITE
 AT LEAST TWO EPINEPHRINE DEVICES, AS DEFINED BY SECTION THREE THOUSAND-C
 OF  THIS  CHAPTER, IN DOSAGES DEEMED APPROPRIATE BY THE COMMISSIONER FOR
 CHILDREN IN THE CARE OF SUCH CHILD DAY  CARE  PROVIDERS.  AT  LEAST  ONE
 STAFF  MEMBER  SHALL  BE DESIGNATED TO OVERSEE THE STORAGE, MAINTENANCE,
 CONTROL, AND  DISPOSAL  OF  SUCH  EPINEPHRINE  DEVICES  TO  ENSURE  SUCH
 EPINEPHRINE  DEVICES REMAIN AVAILABLE FOR USE AND IN UNEXPIRED, OPERABLE
 CONDITION; AND
   (H) A PLAN TO COMMUNICATE ANY  ALLERGY-RELATED  ILLNESSES,  ACCIDENTS,
 INJURIES,  AND  EPINEPHRINE  DEVICE ADMINISTRATIONS SUSTAINED BY A CHILD
 UNDER THE CARE OF A CHILD DAY CARE PROVIDER TO SUCH  CHILD'S  PARENT  OR
 GUARDIAN  AND  REPORTING SUCH INCIDENTS TO THE DEPARTMENT WITHIN TWENTY-
 FOUR HOURS OF SUCH INCIDENT.
   (I) FOR THE PURPOSES OF  THIS  SECTION,  "EPINEPHRINE    AUTO-INJECTOR
 DEVICE"  OR "EPINEPHRINE DEVICE" MEANS AN EPINEPHRINE DELIVERY DEVICE OR
 PRODUCT APPROVED BY THE FEDERAL  FOOD  AND   DRUG   ADMINISTRATION   AND
 USED    FOR THE  AUTOMATIC INJECTION  OR ADMINISTRATION OF A PREMEASURED
 WEIGHT-BASED DOSAGE OF EPINEPHRINE INTO THE HUMAN BODY FOR  THE  PURPOSE
 OF   EMERGENCY TREATMENT  OF A PERSON APPEARING TO EXPERIENCE ANAPHYLAC-
 TIC SYMPTOMS APPROVED BY THE FOOD AND DRUG ADMINISTRATION.
   3. (A) At least once per calendar year, schools shall send a notifica-
 tion to the parents and/or guardians of all children under the  care  of
 such schools to make them aware of such anaphylactic policies, as devel-
 oped  by  the commissioner. For children under the care of the child day
 care providers, such notification shall be provided  by  the  child  day
 care  provider  when the child is enrolled and annually thereafter. Such
 notifications shall include contact information for parents and  guardi-
 ans  to  engage  further  with  the school or child day care provider to
 learn more about individualized aspects of such policies.
   (B) ALL CHILD DAY CARE PROVIDERS SHALL MAINTAIN AN INCIDENT LOG TO  BE
 AVAILABLE TO THE DEPARTMENT BY REQUEST. SUCH LOG SHALL MAINTAIN A RECORD
 OF  ANY  ALLERGY-RELATED ILLNESSES, ACCIDENTS, INJURIES, AND EPINEPHRINE
 DEVICE ADMINISTRATIONS. SUCH LOG SHALL INCLUDE, BUT NOT BE  LIMITED  TO,
 THE  CHILD'S  NAME AND DATE OF BIRTH, THE DATE AND TIME OF THE INCIDENT,
 NAMES AND POSITIONS OF STAFF MEMBERS AND OTHER ADULTS PRESENT,  A  BRIEF
 STATEMENT DESCRIBING THE INCIDENT, ANY EMERGENCY TREATMENT RECEIVED, AND
 IF PARENTS OR GUARDIANS WERE NOTIFIED OR AN ATTEMPT TO NOTIFY WAS MADE.
   6.  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES SHALL CREATE INFORMA-
 TIONAL MATERIALS OUTLINING  THE  ANAPHYLAXIS  POLICY  REQUIRED  BY  THIS
 SECTION.  THE  OFFICE OF CHILDREN AND FAMILY SERVICES AND THE DEPARTMENT
 SHALL POST THESE MATERIALS  ON  THEIR  RESPECTIVE  WEBSITES  WITHIN  SIX
 MONTHS OF THE EFFECTIVE DATE OF THIS SUBDIVISION.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.