Authorizes school nurses to possess and administer epinephrine auto-injectors in the event of an emergency.
Ayes (57): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Krueger
Excused (3): Diaz, Espaillat, Hassell-Thomps
TITLE OF BILL: An act to amend the public health law and the education law, in relation to authorizing schools to possess and administer epinephrine auto-injectors in emergency situations
To authorize schools and their employees to possess and administer auto-injectable epinephrine without a prescription, in the event of an emergency and to authorize schools to provide and maintain epinephrine auto-injectors on school property.
SUMMARY OF PROVISIONS:
Section 1 amends public health law section 3000-c(1)(a) to expand the definition of "Eligible person, firm, organization, or other entity" to include school districts, boards of cooperative educational services, county vocational education and extension boards, charter schools, and non-public elementary and secondary schools in this state or any person employed by such entity.
Section 2 amends the education law by adding a new section 921 to:
1. Authorize school districts, boards of cooperative educational services, county vocational education and extension boards, charter schools and non-public elementary and secondary schools to provide and maintain epinephrine auto-injectors on-site, in quantities and types deemed by the commissioner of education in consultation with the commissioner of health to be adequate, to ensure ready and appropriate access for use during emergencies for any student or staff member having anaphylactic symptoms whether or not there is a previous history of severe allergic reaction.
2. Authorize school districts, boards of cooperative educational services, county vocational education and extension boards, charter schools, and non-public elementary and secondary schools, or any person employed by such entity to administer epinephrine auto-injectors in the event of any emergency so long as the individual or entity has completed the appropriate training and the entity has a collaborative agreement with a physician or hospital as required under public health law section 3000-c (2) and (3).
Section 3 is the effective date.
According to the National Institutes of Health, the prevalence of food allergies is between 6% and 9% in children younger than age four and 3.7% in adults, and appears to be increasing.
Allergic reactions can range from mild skin rashes to severe anaphylaxis, which causes swelling of the airways and breathing difficulty. In severe cases, it can lead to loss of consciousness or death.
The most common treatment for anaphylaxis is epinephrine, which often comes in the form of a pre-dosed auto-injector. Delays in the administration of epinephrine to someone in anaphylaxis can result in rapid decline and death.
As noted in an article in the New York Times on September 7, 2012, in Massachusetts, where schools are permitted to administer epinephrine to any student, 25% of students who had been given the drug for a reaction did not previously know they had an allergy.
Currently New York State does not permit schools to administer epinephrine to students unless school authorities know about the allergy and a doctor's prescription is on file. The timely administration of epinephrine to a child in anaphylaxis could mean the difference between life and death. The life of a child should not be at risk because it is not known the child has an allergy and does not have a prescription for epinephrine.
This legislation would permit school employees who have completed the appropriate training to administer epinephrine auto-injectors to any student or staff member in an emergency.
None to the state. Schools that are eligible and decide to possess and maintain auto-injectable epinephrine will need to purchase them. It is unknown what price the schools will pay, but the cost to the general public is approximately $125 per dose. The total cost will also depend on the number of epinephrine auto-injectors determined to be needed by the commissioner of health to ensure ready and appropriate access in an emergency.
The act shall take effect one hundred twenty days after it becomes law; however, the commissioner of education is authorized to promulgate rules and regulations for the implementation of the act immediately.
STATE OF NEW YORK ________________________________________________________________________ 7262--A IN SENATE May 8, 2014 ___________Introduced by Sens. HANNON, GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee AN ACT to amend the public health law and the education law, in relation to authorizing schools to possess and administer epinephrine auto-in- jectors in emergency situations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 1 of section 3000-c of the public health law, as amended by chapter 350 of the laws of 2001, is amended to read as follows: (a) "Eligible person, firm, organization, or other entity" means, (i) an ambulance service or advanced life support first response service; a certified first responder, emergency medical technician, or advanced emergency medical technician, who is employed by or an enrolled member of any such service; (ii) a children's overnight camp as defined in subdivision one of section thirteen hundred ninety-two of this chapter, a summer day camp as defined in subdivision two of section thirteen hundred ninety-two of this chapter, a traveling summer day camp as defined in subdivision three of section thirteen hundred ninety-two of this chapter or a person employed by such a camp; or (iii) SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARDS, CHARTER SCHOOLS, AND NON-PUBLIC ELEMEN- TARY AND SECONDARY SCHOOLS IN THIS STATE OR ANY PERSON EMPLOYED BY ANY SUCH ENTITY; OR (IV) any other person, firm, organization or entity designated pursuant to regulations of the commissioner in consultation with other appropriate agencies; and all subject to regulations of the commissioner. S 2. The education law is amended by adding a new section 921 to read as follows: S 921. ON-SITE EPINEPHRINE AUTO-INJECTOR. 1. SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARDS, CHARTER SCHOOLS, AND NON-PUBLIC ELEMENTARY AND SECOND-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11334-04-4 S. 7262--A 2
ARY SCHOOLS IN THIS STATE MAY PROVIDE AND MAINTAIN ON-SITE IN EACH INSTRUCTIONAL SCHOOL FACILITY EPINEPHRINE AUTO-INJECTORS IN QUANTITIES AND TYPES DEEMED BY THE COMMISSIONER, IN CONSULTATION WITH THE COMMIS- SIONER OF HEALTH, TO BE ADEQUATE TO ENSURE READY AND APPROPRIATE ACCESS FOR USE DURING EMERGENCIES TO ANY STUDENT OR STAFF HAVING ANAPHYLACTIC SYMPTOMS WHETHER OR NOT THERE IS A PREVIOUS HISTORY OF SEVERE ALLERGIC REACTION. 2. SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, COUN- TY VOCATIONAL EDUCATION AND EXTENSION BOARDS, CHARTER SCHOOLS, AND NON- PUBLIC ELEMENTARY AND SECONDARY SCHOOLS IN THIS STATE OR ANY PERSON EMPLOYED BY ANY SUCH ENTITY MAY ADMINISTER EPINEPHRINE AUTO-INJECTORS IN THE EVENT OF AN EMERGENCY PURSUANT TO THE REQUIREMENTS OF SECTION THREE THOUSAND-C OF THE PUBLIC HEALTH LAW. S 3. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the commissioner of health, in consultation with the commissioner of education, may promul- gate any rule or regulation necessary for the timely implementation of this act on its effective date.