S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    529
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL,  WEPRIN,  CURRAN -- read once and
   referred to the Committee on Health
 
 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:
   § 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.
   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:

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

                                                            LBD01775-01-7

 A. 529                              2
 
   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.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.