S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8249--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            November 6, 2013
                               ___________

Introduced  by M. of A. ROSENTHAL, SCHIMEL, WEPRIN -- Multi-Sponsored by
  -- M. of A.  MILLMAN -- read once and referred  to  the  Committee  on
  Health -- reported and referred to the Committee on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the public health law, in relation to epinephrine auto-
  injectors in schools

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
3000-cc to read as follows:
  S 3000-CC. EPINEPHRINE IN SCHOOLS. 1.  FOR PURPOSES OF THIS SECTION:
  (A) "ANAPHYLAXIS" MEANS A POTENTIALLY LIFE-THREATENING HYPERSENSITIVI-
TY OR ALLERGIC REACTION TO A SUBSTANCE.
  I. SYMPTOMS OF ANAPHYLAXIS MAY INCLUDE SHORTNESS OF BREATH,  WHEEZING,
DIFFICULTY  BREATHING, DIFFICULTY TALKING OR SWALLOWING, HIVES, ITCHING,
SWELLING, SHOCK, OR ASTHMA.
  II. CAUSES OF ANAPHYLAXIS MAY INCLUDE, BUT ARE NOT LIMITED TO,  INSECT
STINGS OR BITES, FOODS, DRUGS, AND OTHER ALLERGENS, AS WELL AS IDIOPATH-
IC OR EXERCISE-INDUCED ANAPHYLAXIS.
  (B)  "TRAINED  PERSONNEL"  WITH  RESPECT TO AN ELEMENTARY OR SECONDARY
SCHOOL SHALL MEAN AN INDIVIDUAL:
  I. WHO HAS BEEN DESIGNATED BY  THE  PRINCIPAL  (OR  OTHER  APPROPRIATE
ADMINISTRATIVE  STAFF)  OF  THE  SCHOOL  TO  ADMINISTER EPINEPHRINE ON A
VOLUNTARY BASIS OUTSIDE THEIR SCOPE OF EMPLOYMENT;
  II. WHO HAS RECEIVED TRAINING IN THE  ADMINISTRATION  OF  EPINEPHRINE;
AND
  III.  WHOSE TRAINING IN THE ADMINISTRATION OF EPINEPHRINE MEETS APPRO-
PRIATE MEDICAL STANDARDS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11654-06-4

A. 8249--A                          2
              

  2. (A) EACH SCHOOL SHALL TRAIN SCHOOL PERSONNEL TO ADMINISTER EPINEPH-
RINE TO ANY STUDENT OF THE SCHOOL REASONABLY BELIEVED  TO  BE  SUFFERING
FROM ANAPHYLAXIS.
  (B) THE MINIMUM TRAINING PROVIDED BY EACH SCHOOL IN THE ADMINISTRATION
OF EPINEPHRINE SHALL INCLUDE BUT NOT BE LIMITED TO:
  I.  TECHNIQUES  FOR  RECOGNIZING CIRCUMSTANCES, SIGNS, AND SYMPTOMS OF
ANAPHYLAXIS; AND
  II. STANDARDS AND PROCEDURES FOR PROPER STORAGE AND EMERGENCY  USE  OF
EPINEPHRINE AUTO-INJECTORS.
  3.  EACH SCHOOL SHALL MAINTAIN AT LEAST TWO EPINEPHRINE AUTO-INJECTORS
(EPI-PENS) IN SEPARATE, SECURE LOCATIONS THAT ARE EASILY  ACCESSIBLE  BY
THE RELEVANT TRAINED PERSONNEL OF THE SCHOOL FOR THE PURPOSE OF ADMINIS-
TRATION TO ANY STUDENT OF THE SCHOOL REASONABLY BELIEVED TO BE SUFFERING
FROM ANAPHYLAXIS.
  4.  EACH  SCHOOL IS REQUIRED TO HAVE IN PLACE A PLAN FOR HAVING ON THE
PREMISES OF THE SCHOOL DURING ALL OPERATING HOURS, ONE OR MORE  INDIVID-
UALS WHO ARE TRAINED PERSONNEL IN THE ADMINISTRATION OF EPINEPHRINE.
  5.  EACH  SCHOOL  SHALL SEND NOTIFICATION HOME AT THE BEGINNING OF THE
SCHOOL YEAR TO ALL PARENTS  AND/OR  GUARDIANS  INFORMING  THEM  THAT  AN
EPINEPHRINE  AUTO-INJECTOR  COULD  BE ADMINISTERED TO THEIR CHILD IN THE
EVENT OF AN ANAPHYLACTIC REACTION.
  6. SCHOOL OFFICIALS SHALL OBTAIN EPI-PENS FROM THE APPROPRIATE MEDICAL
PROFESSIONALS, BUT A PRESCRIPTION IS NOT  REQUIRED  FOR  THEIR  ADMINIS-
TRATION.
  7. SCHOOL OFFICIALS SHALL CALL 911 EMERGENCY SERVICES AS SOON AS SAFE-
LY POSSIBLE AFTER ADMINISTERING AN EPI-PEN.
  8.  SCHOOLS  AND/OR STAFF MEMBERS WHO ARE OTHERWISE IN COMPLIANCE WITH
THE REQUIREMENTS OF THIS SECTION  SHALL  NOT  BE  HELD  LIABLE  FOR  THE
REASONABLE AND GOOD FAITH ADMINISTRATION OF THE EPI-PEN PURSUANT TO THIS
SECTION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.