Requires newly certified teachers to be competent in the use of an epinephrine auto-injector.
TITLE OF BILL: An act to amend the education law, in relation to requiring newly certified teachers to be competent in the use of an epinephrine auto-injector
PURPOSE: To require all teachers to be trained in the administration of epinephrine auto-injector devices prior to certification.
SUMMARY OF PROVISIONS: Section 1 amends section 3004 of the education law to add a new section 2-a which requires newly certified teachers to be trained in the use of an epinephrine auto-injector.
JUSTIFICATION: Food allergies occur in 6% to 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[a] and the Nurse Practice Act (Education Law §6908[a][iv] and is covered by the 'Good Samaritan Law" (Public Health Law §3000-a.), and therefore carries no liability for the school or employee.
LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediate, however the requirement applies to those receiving their certification after January 1, 2013.
STATE OF NEW YORK ________________________________________________________________________ 5458 2011-2012 Regular Sessions IN SENATE May 24, 2011 ___________Introduced by Sen. SALAND -- 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 be competent in the use of an epinephrine auto-injec- tor THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3004 of the education law is amended by adding a new subdivision 2-a to read as follows: 2-A. THE COMMISSIONER SHALL PRESCRIBE REGULATIONS REQUIRING THAT ALL PERSONS APPLYING ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN FOR A TEACHING CERTIFICATE OR LICENSE, INCLUDING BUT NOT LIMITED TO A CERTIF- ICATE OR LICENSE VALID FOR SERVICE AS A CLASSROOM TEACHER, TEACHING ASSISTANT, PUPIL PERSONNEL SERVICE PROFESSIONAL, SCHOOL ADMINISTRATOR OR SUPERVISOR OR SUPERINTENDENT OF SCHOOLS, SHALL, IN ADDITION TO ALL THE OTHER CERTIFICATION OR LICENSING REQUIREMENTS, HAVE COMPLETED A COURSE OR TRAINING IN THE USE OF AN EPINEPHRINE AUTO-INJECTOR AND SHALL PROVIDE THE DEPARTMENT WITH DOCUMENTATION SHOWING THAT THE APPLICANT HAS SUCCESSFULLY COMPLETED SUCH TRAINING. THE COMMISSIONER SHALL PRESCRIBE REGULATIONS REQUIRING THAT TEACHER PREPARATION INSTITUTIONS, IN THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN ACADEMIC YEAR, INCLUDE INSTRUC- TION IN THE ADMINISTRATION OF AN EPINEPHRINE AUTO-INJECTOR. SUCH TRAIN- ING SHALL BE LIMITED TO THE USE OF AN EPINEPHRINE AUTO-INJECTOR IN EMER- GENCY SITUATIONS WHERE A REGISTERED NURSE OR OTHER LICENSED HEALTH CARE WORKER IS NOT AVAILABLE. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11717-01-1