NY State Senate Bill 2013-S7262

Senate Bill S7262

Signed By Governor

2013-2014 Legislative Session

Authorizes schools to administer epinephrine auto-injectors in the event of an emergency

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 30, 2014	signed chap.424
Oct 29, 2014	delivered to governor
Jun 19, 2014	returned to senate passed assembly ordered to third reading rules cal.545 substituted for a7791a referred to ways and means delivered to assembly passed senate
May 28, 2014	advanced to third reading
May 21, 2014	2nd report cal.
May 20, 2014	1st report cal.874
May 13, 2014	print number 7262a
May 13, 2014	amend (t) and recommit to health
May 08, 2014	referred to health

Votes

- Jun 19, 2014 - Floor Vote
  S7262
  
  57
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2014
      
      aye (57)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Farley
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (1)
      
      Krueger
      
      excused (3)
      
      Diaz
      
      Espaillat
      
      Hassell-Thompson
  May 20, 2014 - Health Committee Vote
  S7262
  
  17
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 20, 2014
      
      aye (17)
      
      Ball
      
      Farley
      
      Felder
      
      Golden
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Larkin
      
      Martins
      
      Montgomery
      
      O'Brien
      
      Peralta
      
      Rivera
      
      Savino
      
      Serrano
      
      Seward
      
      Young

Bill Amendments

Original

A (Active)

2013-S7262 - Details

Law Section:: Public Health Law
Laws Affected:: Amd §§3000-c & 3000-a, Pub Health L

2013-S7262 - Summary

Authorizes school nurses to possess and administer epinephrine auto-injectors in the event of an emergency.

2013-S7262 - Sponsor Memo

                                BILL NUMBER:S7262

TITLE OF BILL:  An act to amend the public health law, in relation to
authorizing schools to possess and administer epinephrine
auto-injectors in emergency situations

PURPOSE:  To authorize school nurses 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 the public health law section 3000-C paragraph (a) of
subdivision 1 to:

(1) authorize school districts, boards of cooperative educational
services, county vocational education and extension boards and charter
schools to provide and maintain in their facilities epinephrine
auto-injectors;

(2) authorize school nurses and other designated trained personnel to
administer epinephrine auto-injectors in the event of an, emergency;

(3) authorize the commissioner of health in consultation with the
commissioner of education to determine the quantities and types of

epinephrine auto-injectors needed to ensure ready and appropriate
access for use during emergencies;

Section 2 amends the public health law section 3000-A paragraph 2(i)
is amended to protect a school nurse and other designated trained
personnel who administer an epinephrine auto-injector from liability,
provided the use was performed reasonably and in good faith;

Section 3 is the effective date.

JUSTIFICATION:  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 nurses to administer epinephrine
auto-injectors to any student in an emergency.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS:  None to the state. Schools will be required to
purchase auto-injectable epinephrine. 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.

EFFECTIVE DATE:  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.

2013-S7262 - Bill Text download pdf

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

                                  7262

                            I N  S E N A T E

                               May 8, 2014
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the  public  health  law,  in  relation  to  authorizing
  schools  to possess and administer epinephrine auto-injectors in emer-
  gency situations

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

  Section  1. Section 3000-c of the public health law, as added by chap-
ter 578 of the laws of 1999, paragraph (a) of subdivision 1  as  amended
by chapter 350 of the laws of 2001, is amended to read as follows:
  S  3000-c.  Epinephrine auto-injector devices. 1. Definitions. As used
in this section:
  (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, OR A DULY  HIRED  NURSE
OF  ANY  SUCH  ENTITY;  OR  (IV) any other person, firm, organization or
entity designated pursuant to regulations of the commissioner in consul-
tation with other appropriate agencies; and all subject  to  regulations
of the commissioner.
  (b)  "Emergency health care provider" means (i) a physician with know-
ledge and experience in the delivery of emergency care; or (ii) a hospi-
tal licensed under article twenty-eight of this  chapter  that  provides
emergency care.
  2. Collaborative agreement. Any eligible person, firm, organization or
other entity may purchase, acquire, possess and use epinephrine auto-in-

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

                                                           LBD11334-02-3

S. 7262                             2

jector  devices  pursuant to a collaborative agreement with an emergency
health care provider. The collaborative agreement shall include a  writ-
ten agreement that incorporates written practice protocols, and policies
and  procedures that shall ensure compliance with the provisions of this
section. The person, firm, organization or entity shall file a  copy  of
the collaborative agreement with the department and with the appropriate
regional council prior to using any epinephrine auto-injector device.
  3. Possession and use of epinephrine auto-injector devices. Possession
and  use  of  epinephrine  auto-injector  devices  shall  be  limited as
follows:
  (a) No person shall use an  epinephrine  auto-injector  device  unless
such  person  shall have successfully completed a training course in the
use of epinephrine auto-injector devices approved  by  the  commissioner
pursuant  to the rules of the department. This section does not prohibit
the use of an epinephrine auto-injector device  (i)  by  a  health  care
practitioner  licensed  or  certified under title eight of the education
law acting within the scope of his or her practice, or (ii) by a  person
acting pursuant to a lawful prescription, OR (III) A SCHOOL NURSE ACTING
IN ACCORDANCE WITH PARAGRAPH (B) OF THIS SUBDIVISION.
  (b)  (I) A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES,
COUNTY VOCATIONAL EDUCATIONAL AND EXTENSION BOARD,  CHARTER  SCHOOL,  OR
SCHOOL NURSE MAY, WITH OR WITHOUT A COLLABORATIVE AGREEMENT, POSSESS AND
MAINTAIN  EPINEPHRINE AUTO-INJECTORS ON SCHOOL PROPERTY. THE COMMISSION-
ER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION, SHALL  DETERMINE
THE  QUANTITY  AND  TYPE  OF  AUTO-INJECTORS THAT MAY BE POSSESSED. SUCH
AUTO-INJECTORS SHALL BE STORED AND MAINTAINED IN A MANNER PRESCRIBED  BY
THE COMMISSIONER.
  (II)  A  SCHOOL  NURSE,  OR  OTHER  PERSON  DESIGNATED  BY  THE SCHOOL
DISTRICT, IS AUTHORIZED TO ADMINISTER AN  EPINEPHRINE  AUTO-INJECTOR  IN
THE  EVENT  OF  AN  EMERGENCY,  WHETHER  OR  NOT  THE  PATIENT  HAS BEEN
PRESCRIBED EPINEPHRINE.
  (C) Every person, firm, organization and entity authorized to  possess
and use epinephrine auto-injector devices pursuant to this section shall
use, maintain and dispose of such devices pursuant to regulations of the
department.
  [(c)] (D) Every use of an epinephrine auto-injector device pursuant to
this  section shall immediately be reported to the emergency health care
provider.
  4. Application of other laws. (a) Use of an epinephrine  auto-injector
device  pursuant  to this section shall be considered first aid or emer-
gency treatment for the purpose of any statute relating to liability.
  (b) Purchase, acquisition, possession or use of an  epinephrine  auto-
injector device pursuant to this section shall not constitute the unlaw-
ful practice of a profession or other violation under title eight of the
education law or article thirty-three of this chapter.
  (c)  Any person otherwise authorized to sell or provide an epinephrine
auto-injector device may sell or provide it to a  person  authorized  to
possess it pursuant to this section.
  S  2.  Subdivision  2  of  section 3000-a of the public health law, as
amended by chapter 243 of the laws  of  2010,  is  amended  to  read  as
follows:
  2.  (i)  Any  person who, or entity, partnership, corporation, firm or
society that, purchases, operates, facilitates implementation  or  makes
available  resuscitation  equipment that facilitates first aid, an auto-
mated external defibrillator or an epinephrine auto-injector  device  as
required by or pursuant to law or local law, or (ii) an emergency health

S. 7262                             3

care  provider under a collaborative agreement pursuant to section three
thousand-b of this article with respect to an automated  external  defi-
brillator, or (iii) the emergency health care provider with a collabora-
tive  agreement  under  section  three  thousand-c  of this article with
respect to use of an epinephrine auto-injector device, OR (IV) A  SCHOOL
NURSE  OR  OTHER  PERSON DESIGNATED BY A SCHOOL DISTRICT UNDER PARAGRAPH
(B) OF SUBDIVISION THREE OF SECTION THREE THOUSAND-C  OF  THIS  ARTICLE,
shall  not  be  liable  for  damages arising either from the use of that
equipment by a person who voluntarily and without expectation  of  mone-
tary  compensation renders first aid or emergency treatment at the scene
of an accident or medical emergency, or  from  the  use  of  defectively
manufactured  equipment;  provided that this subdivision shall not limit
the person's or entity's, partnership's, corporation's,  firm's,  socie-
ty's  or  the emergency health care provider's liability for his, her or
its own negligence, gross negligence or intentional misconduct.
  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.

co-Sponsors

2013-S7262A (ACTIVE) - Details

Law Section:: Public Health Law
Laws Affected:: Amd §§3000-c & 3000-a, Pub Health L

2013-S7262A (ACTIVE) - Summary

Authorizes school nurses to possess and administer epinephrine auto-injectors in the event of an emergency.

2013-S7262A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7262A

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

PURPOSE:

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.

JUSTIFICATION:

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.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

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.

EFFECTIVE DATE:

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.

2013-S7262A (ACTIVE) - Bill Text download pdf

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

                                 7262--A

                            I N  S E N A T E

                               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.

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Senate Bill S7262

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