Bill S4876-2013

Requires newly certified teachers to be trained in the use of an epinephrine auto-injector; to be certified within 3 months of date of hire

Requires newly certified teachers to be trained in the use of an epinephrine auto-injector within 3 months of date of hire.

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  • Jan 8, 2014: REFERRED TO EDUCATION
  • Apr 29, 2013: REFERRED TO EDUCATION

Memo

BILL NUMBER:S4876

TITLE OF BILL: An act to amend the education law, in relation to requiring newly certified teachers to receive instruction in the use of an epinephrine auto-injector

PURPOSE:

To require all teachers to be trained in the administration of epinephrine auto-injector devices.

SUMMARY OF PROVISIONS:

Section 1: The education law is amended by adding a new section 3001-e.

Section 2: The effective date is established.

JUSTIFICATION:

Food allergies occur in approximately 8% of children, and according to the National Institutes of Health, there are 150 deaths per year due to food allergies. Epinephrine is vital to the survival of a person experiencing anaphylaxis (a sudden, potentially fatal reaction to food or insect stings), however, it must be administered in a timely manner to be effective.

While every school district has a medical officer, there is no requirement that a nurse be present in a school building at all times. Given the possibility of a delay in getting a licensed healthcare provider to a child in anaphylaxis shock, it is important that teachers understand how to use an epi-pen,

It is important to note that any school staff member may administer epinephrine with an auto injector device in an emergency situation. Such a response is permitted under the Medical Practice Act (Education Law § 6527 4 a and the Nurse Practice Act (Education Law g6906 1 a iv) and is covered by the "Good Samaritan Law" (Public Health Law § 3000a.), and therefore carries no liability for the school or employee.

LEGISLATIVE HISTORY:

A.8977 of 2011-2012

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately and shall apply to classroom teachers that have been certified after such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 4876 2013-2014 Regular Sessions IN SENATE April 29, 2013 ___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to requiring newly certi- fied teachers to receive instruction in the use of an epinephrine auto-injector THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The education law is amended by adding a new section 3001-e to read as follows: S 3001-E. EPINEPHRINE AUTO-INJECTOR INSTRUCTION. 1. (A) TEACHERS SHALL COMPLETE A COURSE OR TRAINING IN THE USE OF AN EPINEPHRINE AUTO-INJECTOR WITHIN THREE MONTHS OF THE DAY SUCH PERSON WAS HIRED BY A SCHOOL DISTRICT OR SCHOOLS DESIGNATED UNDER ARTICLE FIFTY-SIX OF THIS CHAPTER IN THE STATE. (B) DOCUMENTATION SHOWING THE SUCCESSFUL COMPLETION OF THE EPINEPHRINE AUTO-INJECTOR INSTRUCTION REQUIRED PURSUANT TO THIS SECTION SHALL BE KEPT IN SUCH TEACHER'S PERSONNEL FILE. 2. THE TRAINING REQUIRED PURSUANT TO THIS SECTION MAY BE PERFORMED BY THE REGISTERED NURSE AT THE SCHOOL IN WHICH THE TEACHER IS HIRED TO WORK OR BY A RECOGNIZED FOOD ALLERGY AND ANAPHYLAXIS TRAINING PROGRAM THROUGH ANY METHOD AVAILABLE, INCLUDING BUT NOT LIMITED TO COURSES ONLINE OR IN PERSON. S 2. This act shall take effect immediately and shall apply to class- room teachers that have been certified after such effective date.

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