BILL NUMBER:  S7419

 TITLE OF BILL :

An act to amend the education law, in relation to requiring newly
certified teachers to receive instruction in the use of an epinephrine
auto-injector

 PURPOSE :

To require all teachers to be trained in the administration of
epinephrine auto-injector devices.

 SUMMARY OF PROVISIONS :

Section one of this bill amends the Education Law to add a new section
3001-e.

Section two of this bill provides that this act shall take effect
immediately and shall apply to classroom teachers that have been
certified after such effective date.

 JUSTIFICATION :

Food allergies occur in approximately 8% of children, and according to
the National Institutes of Health, there are 150 deaths per year due
              

to food allergies. Epinephrine is vital to the survival of a person
experiencing anaphylaxis (a sudden, potentially fatal reaction to food
or insect stings), however, it must be administered in a timely manner
to be effective.

While every school district has a medical officer, there is no
requirement that a nurse be present in a school building at all times.
Given the possibility of a delay in getting a licensed healthcare
provider to a child in anaphylaxis shock, it is important that
teachers understand how to use an epi-pen.

It is important to note that any school staff member may administer
epinephrine with an auto injector device in an emergency situation.
Such a response is permitted under the Medical Practice Act (Education
Law § 6527 4 a and the Nurse Practice Act (Education Law § 6906 1 a
iv) and is covered by the 'Good Samaritan Law" (Public Health Law §
3000a), and therefore carries no liability for the school or employee.

 LEGISLATIVE HISTORY :

2013-4: S.4876 - Referred to Education

 FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
This act shall take effect immediately and shall apply to classroom
teachers that have been certified after such effective date.