S T A T E   O F   N E W   Y O R K
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                                  2471

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2009
                               ___________

Introduced  by M. of A. ORTIZ, ESPAILLAT, GALEF, FIELDS, SPANO -- Multi-
  Sponsored by -- M. of A. HOOPER, JACOBS,  McENENY,  PERRY,  J. RIVERA,
  SEMINERIO,  TOWNS, WEISENBERG, WRIGHT -- read once and referred to the
  Committee on Education

AN ACT to amend the education law, in relation to the use of epinephrine
  by students

  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 920 to
read as follows:
  S  920.  PUPILS  AFFLICTED WITH SEVERE FOOD OR OTHER ALLERGIES. 1.  A.
THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT AND BOARD  OF
COOPERATIVE  EDUCATIONAL SERVICES SHALL ALLOW PUPILS WHO HAVE BEEN DIAG-
NOSED BY A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER  WITH
A  SEVERE  FOOD OR OTHER ALLERGY TO CARRY AND USE THE PRESCRIBED MEDICA-
TION EPINEPHRINE AND A DEVICE TO SELF-ADMINISTER EPINEPHRINE, SUCH AS AN
EPINEPHRINE AUTO-INJECTOR, DURING THE SCHOOL DAY AND DURING SCHOOL SPON-
SORED ACTIVITIES THAT OCCUR AFTER THE REGULAR SCHOOL DAY OR  OUTSIDE  OF
THE  SCHOOL,  WITH  THE  WRITTEN PERMISSION OF A PHYSICIAN OR OTHER DULY
AUTHORIZED HEALTH CARE PROVIDER, AND PARENTAL  CONSENT,  BASED  ON  SUCH
PHYSICIAN'S  OR  PROVIDER'S  DETERMINATION THAT SUCH PUPIL IS SUBJECT TO
ALLERGIC ATTACKS SEVERE ENOUGH TO DEBILITATE SUCH  PUPIL.  A  RECORD  OF
SUCH PERMISSION SHALL BE MAINTAINED IN THE SCHOOL OFFICE.
  B. THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT OR BOARD
OF COOPERATIVE EDUCATIONAL SERVICES THAT HAS ALLOWED THE USE OF EPINEPH-
RINE  AND  A DEVICE TO SELF-ADMINISTER EPINEPHRINE BY A STUDENT PURSUANT
TO THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION SHALL  PREPARE  FOR
EACH  SUCH  STUDENT AN EMERGENCY ACTION PLAN AND A SEVERE ALLERGY TREAT-
MENT PLAN WITH THE ASSISTANCE OF THE PHYSICIAN OF THE PUPIL, WHICH IDEN-
TIFIES, AT A MINIMUM, SEVERE ALLERGY TRIGGERS, THE TREATMENT  PLAN,  AND
SUCH OTHER ELEMENTS AS SHALL BE DETERMINED BY THE PHYSICIAN. THE COMMIS-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03400-01-9
              

A. 2471                             2

SIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, SHALL ESTABLISH
STANDARDS FOR THE DEVELOPMENT OF SUCH PLANS.
  2. THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT OR BOARD
OF  COOPERATIVE  EDUCATIONAL  SERVICES  THAT  HAS  APPROVED  THE  USE OF
EPINEPHRINE AND A DEVICE TO SELF-ADMINISTER  EPINEPHRINE  BY  A  STUDENT
PURSUANT  TO  THE  PROVISIONS  OF  SUBDIVISION ONE OF THIS SECTION SHALL
INFORM THE PARENTS, GUARDIANS OR PERSONS IN  PARENTAL  RELATION  TO  THE
PUPIL IN WRITING THAT THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCA-
TIONAL  SERVICES AND ITS EMPLOYEES OR AGENTS SHALL INCUR NO LIABILITY AS
A RESULT OF ANY INJURY ARISING  FROM  THE  SELF-ADMINISTRATION  OF  SUCH
MEDICATION  BY  THE PUPIL. THE PARENTS, GUARDIANS OR PERSONS IN PARENTAL
RELATION TO THE PUPIL SHALL SIGN  A  STATEMENT  ACKNOWLEDGING  THAT  THE
DISTRICT  OR  BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES SHALL INCUR NO
LIABILITY AS A RESULT OF ANY INJURY ARISING FROM THE SELF-ADMINISTRATION
OF SUCH MEDICATION BY THE PUPIL AND THE PARENTS, GUARDIANS OR PERSONS IN
PARENTAL RELATION SHALL INDEMNIFY AND HOLD HARMLESS THE SCHOOL  DISTRICT
OR  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  AND ITS EMPLOYEES AND
AGENTS FROM ANY CLAIMS ARISING OUT OF THE  SELF-ADMINISTRATION  OF  SUCH
MEDICATION BY THE PUPIL.
  3. A. EVERY SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES
AND  NONPUBLIC  ELEMENTARY  AND  SECONDARY  SCHOOL  IN  THIS STATE SHALL
REQUIRE AT LEAST ONE DEVICE CONTAINING EPINEPHRINE  USED  TO  ADMINISTER
EPINEPHRINE,  SUCH AS AN EPINEPHRINE AUTO-INJECTOR, BE MAINTAINED IN THE
OFFICE OF THE SCHOOL NURSE OR IN A SIMILAR ACCESSIBLE LOCATION.
  B. THE COMMISSIONER SHALL  PROMULGATE  REGULATIONS  FOR  THE  ADMINIS-
TRATION  OF  EPINEPHRINE  THROUGH  THE  USE  OF  A  DEVICE TO ADMINISTER
EPINEPHRINE BY THE SCHOOL NURSE OR  OTHER  PERSON  AUTHORIZED  BY  REGU-
LATION. THE REGULATIONS SHALL INCLUDE:
  (I) A REQUIREMENT THAT EACH CERTIFIED NURSE OR OTHER PERSON AUTHORIZED
TO ADMINISTER EPINEPHRINE IN SCHOOLS RECEIVE TRAINING IN ALLERGY MANAGE-
MENT AND IN THE USE OF DEVICES TO SELF-ADMINISTER EPINEPHRINE CONSISTENT
WITH  NATIONALLY  RECOGNIZED  STANDARDS,  INCLUDING, BUT NOT LIMITED TO,
THOSE OF THE NATIONAL INSTITUTES OF HEALTH AND THE AMERICAN  ASSOCIATION
OF ALLERGY AND IMMUNOLOGY.
  (II)  A REQUIREMENT THAT INFORMATION BE PROVIDED TO TEACHING AND OTHER
SCHOOL STAFF ABOUT:
  (1) THE PRESENCE OF STUDENTS IN THE SCHOOL WHO MAY SUFFER FROM  SEVERE
FOOD  OR  OTHER  ALLERGIES AND THE POTENTIAL CONSEQUENCES OF SUCH ALLER-
GIES;
  (2) THE NEED FOR EPINEPHRINE THROUGH THE USE OF A DEVICE TO ADMINISTER
EPINEPHRINE;
  (3) THE AVAILABILITY OF SUCH MEDICATION FROM THE SCHOOL NURSE OR OTHER
PERSON AUTHORIZED BY REGULATION, AND  THE  USE  OF  SUCH  MEDICATION  BY
PUPILS AUTHORIZED PURSUANT TO SUBDIVISION ONE OF THIS SECTION; AND
  (4)  THE  PROTOCOL  TO  BE  FOLLOWED WHEN A PUPIL EXPERIENCES A SEVERE
ALLERGIC REACTION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly the commissioner of education is authorized to promulgate  rules  and
regulations for the implementation of this act on such effective date.