Legislation
SECTION 916-A
Pupils with allergies
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 19
§ 916-a. Pupils with allergies. 1. (a) The board of education or
trustees of each school district and board of cooperative educational
services shall allow pupils who have been diagnosed by a physician or
other duly authorized health care provider with an allergy to carry and
use a prescribed epinephrine device for the emergency treatment of
allergic reactions 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, with the written
permission of a physician or other duly authorized health provider, and
written parental consent. The written permission shall include an
attestation by the physician or the health care provider confirming the
following: (i) the pupil's diagnosis of an allergy for which an
epinephrine device is needed; and (ii) that the pupil has demonstrated
that such pupil can self-administer the prescribed epinephrine device
effectively. The written permission shall also include the circumstances
which may warrant the use of the epinephrine device. A record of such
consent and permission shall be maintained in the student's cumulative
health record. In addition, upon the written request of a parent or
person in parental relation, the board of education or trustees of a
school district and board of cooperative educational services shall
allow such pupils to maintain an extra epinephrine device for the
emergency treatment of allergies in the care and custody of a licensed
nurse, nurse practitioner, physician assistant, or physician employed by
such district or board of cooperative educational services, and shall be
readily accessible to such pupil. Nothing in this section shall require
a school district or board of cooperative educational services to retain
a licensed nurse, nurse practitioner, physician assistant, or physician
solely for the purpose of taking custody of a spare epinephrine device
for the emergency treatment of allergic reactions, or require that a
licensed nurse, nurse practitioner, physician assistant, or physician be
available at all times in a school building for taking custody of the
epinephrine device. In addition, the epinephrine device provided by the
pupil's parents or persons in parental relation will be made available
to the pupil as needed in accordance with the school district's or board
of cooperative educational services' policy and the orders prescribed in
the written permission of the physician or other authorized health care
provider.
(b) For the purposes of this subdivision, the term "epinephrine
device" shall have the same meaning as set forth in paragraph (b) of
subdivision one of section three thousand-c of the public health law.
2. A school district, board of cooperative educational services and/or
their agents or employees shall incur no legal or financial liability as
a result of any harm or injury sustained by a pupil or other person
caused by reasonable and good faith compliance with this section.
trustees of each school district and board of cooperative educational
services shall allow pupils who have been diagnosed by a physician or
other duly authorized health care provider with an allergy to carry and
use a prescribed epinephrine device for the emergency treatment of
allergic reactions 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, with the written
permission of a physician or other duly authorized health provider, and
written parental consent. The written permission shall include an
attestation by the physician or the health care provider confirming the
following: (i) the pupil's diagnosis of an allergy for which an
epinephrine device is needed; and (ii) that the pupil has demonstrated
that such pupil can self-administer the prescribed epinephrine device
effectively. The written permission shall also include the circumstances
which may warrant the use of the epinephrine device. A record of such
consent and permission shall be maintained in the student's cumulative
health record. In addition, upon the written request of a parent or
person in parental relation, the board of education or trustees of a
school district and board of cooperative educational services shall
allow such pupils to maintain an extra epinephrine device for the
emergency treatment of allergies in the care and custody of a licensed
nurse, nurse practitioner, physician assistant, or physician employed by
such district or board of cooperative educational services, and shall be
readily accessible to such pupil. Nothing in this section shall require
a school district or board of cooperative educational services to retain
a licensed nurse, nurse practitioner, physician assistant, or physician
solely for the purpose of taking custody of a spare epinephrine device
for the emergency treatment of allergic reactions, or require that a
licensed nurse, nurse practitioner, physician assistant, or physician be
available at all times in a school building for taking custody of the
epinephrine device. In addition, the epinephrine device provided by the
pupil's parents or persons in parental relation will be made available
to the pupil as needed in accordance with the school district's or board
of cooperative educational services' policy and the orders prescribed in
the written permission of the physician or other authorized health care
provider.
(b) For the purposes of this subdivision, the term "epinephrine
device" shall have the same meaning as set forth in paragraph (b) of
subdivision one of section three thousand-c of the public health law.
2. A school district, board of cooperative educational services and/or
their agents or employees shall incur no legal or financial liability as
a result of any harm or injury sustained by a pupil or other person
caused by reasonable and good faith compliance with this section.