NY State Senate Bill 2017-S6005

Senate Bill S6005

Signed By Governor

2017-2018 Legislative Session

Relates to authorizing the employees of certain entities to administer epinephrine auto-injectors

download bill text pdf

Archive: Last Bill Status Via A7635 - 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
Aug 21, 2017	signed chap.200
Aug 09, 2017	delivered to governor
Jun 19, 2017	returned to assembly passed senate 3rd reading cal.1156 substituted for s6005a
Jun 19, 2017	substituted by a7635a
Jun 05, 2017	advanced to third reading amended (t) 6005a
May 24, 2017	2nd report cal.
May 23, 2017	1st report cal.1156
May 10, 2017	referred to health

Votes

- Jun 19, 2017 - Floor Vote
  A7635
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2017
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Serrano
  May 23, 2017 - Health Committee Vote
  S6005
  
  17
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 23, 2017
      
      aye (17)
      
      Felder
      
      Golden
      
      Hannon
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Larkin
      
      Little
      
      Montgomery
      
      Murphy
      
      Persaud
      
      Ritchie
      
      Rivera
      
      Seward
      
      Stavisky
      
      Tedisco
      
      Valesky

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S6005 - Details

Law Section:: Public Health Law
Laws Affected:: Amd §3000-c, Pub Health L; amd §921, Ed L

2017-S6005 - Summary

Relates to authorizing the employees of certain entities to administer epinephrine auto-injectors.

2017-S6005 - Sponsor Memo

                                 BILL NUMBER:  S6005

 TITLE OF BILL :  An act to amend the public health law and the
education law, in relation to authorizing certain entities and
employees of such entities to administer epinephrine auto-injectors

 PURPOSE :

To allow school bus drivers to be able to administer an epinephrine
auto-injector in emergency circumstances.

 SUMMARY OF PROVISIONS :

Section one amends subdivision 1 of section 3000-c of the Public
Health Law by adding those entities who contract with school districts
and other educational institutions along with their employees who
provide transportation of students, to the definition of "eligible
person or entity," for the purpose of administering an epinephrine
auto-injector.

Section two states that any entity which contracts with a school
district or other educational institution along with their employees,
who provide transportation of students, may administer an epinephrine
auto-injector in the event of an emergency pursuant to the
requirements of section 3000c of the Public Health Law.

Section three sets the effective date of the bill and states that the
Commissioner of Health, in consultation with the Commissioner of
Education, may promulgate any rule or regulation necessary for the
timely implementation of this act.

 JUSTIFICATION :

Food and other allergies such as bee stings and other airborne
allergies, are presenting an ever-increasing danger to children across
the United States. Foods such as peanuts, wheat, soy, eggs and milk,
if consumed by someone with an allergy, can produce a serious medical
emergency called anaphylaxis, which can lead to the closing off the
airway resulting in respiratory arrest followed by cardiac arrest,
which can lead to death.

According to the Centers for Disease Control, the prevalence of food
allergies among children 017 years of age has increased from 3.4% in
1997-1999 to 5.1% in 2009-2011 to 5.7% in 2017. While current law
allows for those employed by school districts and other educational
institutions to administer an epinephrine auto-injector, those who
work for agencies contracted out with a school district or other
educational institutions for the transportation of students, are not
allowed to assist with or administer epinephrine. Epinephrine works to
immediately reverse the effects of anaphylaxis and is critical in the
treatment of a severe allergic reaction.

For example, thousands of children ride a school bus to, from school,
and to other extracurricular activities on a daily basis. In many
districts, buses are operated by private companies who contract with
school districts or other educational agencies. A school bus ride can
often be an opportunity for a child to consume breakfast or a late day
snack. This raises the likelihood of a serious allergic reaction
occurring on a school bus. However, students prone to such allergic
reactions often carry their own epinephrine auto-injector. So
allowing, for example, a school bus driver to be able to administer
the auto-injector can save a life.

Other states including Massachusetts and Illinois have recently passed
legislation to include school bus drivers and other contracted staff,
among those who can assist or directly administer an epinephrine
auto-injector. In 2015, Susan Lecrenski, a school bus driver in
Agawam, Massachusetts, was honored for saving the life of a
15-year-old student who went into severe anaphylaxis by administering
an epinephrine auto-injector.

This bill will allow employees of entities that provide transportation
to students across New York State to administer or assist in
administering an epinephrine auto-injector to a child during a severe
allergic reaction, thereby adding to the health and safety of
thousands of children across New York State.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after is
shall have become a law. Effective immediately, the commissioner of
health, in consultation with the commissioner of education, may
promulgate any rule or regulation necessary for the timely
implementation of this act on its effective date.

2017-S6005 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6005
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2017
                                ___________
 
 Introduced  by  Sens.  MURPHY, 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 and the education law, in relation
   to authorizing certain entities and  employees  of  such  entities  to
   administer epinephrine auto-injectors

   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 373 of the laws of 2016, is
 amended to read as follows:
   (a) "Eligible person or entity" means  (i)  an  ambulance  service  or
 advanced  life support first response service; a certified first respon-
 der, emergency medical technician, or advanced emergency medical techni-
 cian, 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; (iii) a school district, board  of  cooperative
 educational  services,  county vocational education and extension board,
 charter school, and non-public elementary and secondary school  in  this
 state  or  any  person  employed by any such entity; [or] (iv) AN ENTITY
 WHICH CONTRACTS WITH A SCHOOL BOARD, BOARD  OF  COOPERATIVE  EDUCATIONAL
 SERVICES,  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD, CHARTER
 SCHOOL, OR NON-PUBLIC ELEMENTARY AND SECONDARY SCHOOL TO PROVIDE  TRANS-
 PORTATION  OF STUDENTS OR ANY PERSON EMPLOYED BY ANY SUCH ENTITY; OR (V)
 a sports, entertainment, amusement, education, government, day  care  or
 retail  facility;  an  educational  institution,  youth  organization or
 sports league; an establishment that serves food; or a  person  employed
 by  such entity; and [(v)] (VI) any other person or entity designated or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11234-03-7

 S. 6005                             2
 
 approved, or in a category designated  or  approved  pursuant  to  regu-
 lations of the commissioner in consultation with other appropriate agen-
 cies.
   §  2. Section 921 of the education law, as added by chapter 424 of the
 laws of 2014, is  renumbered  section  921-a  and  amended  to  read  as
 follows:
   §  921-a.  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
 secondary 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 OR AN ENTITY WHICH CONTRACTS WITH A SCHOOL
 BOARD, BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES,  COUNTY  VOCATIONAL
 EDUCATION  AND EXTENSION BOARD, CHARTER SCHOOL, OR NON-PUBLIC ELEMENTARY
 AND SECONDARY SCHOOL TO PROVIDE TRANSPORTATION OF STUDENTS 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.
   § 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.

co-Sponsors

View additional co-sponsors

2017-S6005A (ACTIVE) - Details

Law Section:: Public Health Law
Laws Affected:: Amd §3000-c, Pub Health L; amd §921, Ed L

2017-S6005A (ACTIVE) - Summary

Relates to authorizing the employees of certain entities to administer epinephrine auto-injectors.

2017-S6005A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6005A

 TITLE OF BILL :  An act to amend the public health law and the
education law, in relation to authorizing employees of certain
entities to administer epinephrine auto-injectors

 PURPOSE :

To allow school bus drivers to be able to administer an epinephrine
auto-injector in emergency circumstances.

 SUMMARY OF PROVISIONS :

Section one amends subdivision 1 of section 3000-c of the Public
Health Law by adding those entities who contract with school districts
and other educational institutions along with their employees who
provide transportation of students, to the definition of "eligible
person or entity," for the purpose of administering an epinephrine
auto-injector.

Section two states that any entity which contracts with a school
district or other educational institution along with their employees,
who provide transportation of students, may administer an epinephrine
auto-injector in the event of an emergency pursuant to the
requirements of section 3000c of the Public Health Law.

Section three sets the effective date of the bill and states that the
Commissioner of Health, in consultation with the Commissioner of
Education, may promulgate any rule or regulation necessary for the
timely implementation of this act.

 JUSTIFICATION :

Food and other allergies such as bee stings and other airborne
allergies, are presenting an ever-increasing danger to children across
the United States. Foods such as peanuts, wheat, soy, eggs and milk,
if consumed by someone with an allergy, can produce a serious medical
emergency called anaphylaxis, which can lead to the closing off the
airway resulting in respiratory arrest followed by cardiac arrest,
which can lead to death.

According to the Centers for Disease Control, the prevalence of food
allergies among children 017 years of age has increased from 3.4% in
1997-1999 to 5.1% in 2009-2011 to 5.7% in 2017. While current law
allows for those employed by school districts and other educational
institutions to administer an epinephrine auto-injector, those who
work for agencies contracted out with a school district or other
educational institutions for the transportation of students, are not
allowed to assist with or administer epinephrine. Epinephrine works to
immediately reverse the effects of anaphylaxis and is critical in the
treatment of a severe allergic reaction.

For example, thousands of children ride a school bus to, from school,
and to other extracurricular activities on a daily basis. In many
districts, buses are operated by private companies who contract with
school districts or other educational agencies. A school bus ride can
often be an opportunity for a child to consume breakfast or a late day
snack. This raises the likelihood of a serious allergic reaction
occurring on a school bus. However, students prone to such allergic
reactions often carry their own epinephrine auto-injector. So
allowing, for example, a school bus driver to be able to administer
the auto-injector can save a life.

Other states including Massachusetts and Illinois have recently passed
legislation to include school bus drivers and other contracted staff,
among those who can assist or directly administer an epinephrine
auto-injector. In 2015, Susan Lecrenski, a school bus driver in
Agawam, Massachusetts, was honored for saving the life of a
15-year-old student who went into severe anaphylaxis by administering
an epinephrine auto-injector.

This bill will allow employees of entities that provide transportation
to students across New York State to administer or assist in
administering an epinephrine auto-injector to a child during a severe
allergic reaction, thereby adding to the health and safety of
thousands of children across New York State.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after is
shall have become a law. Effective immediately, the commissioner of
health, in consultation with the commissioner of education, may
promulgate any rule or regulation necessary for the timely
implementation of this act on its effective date.

2017-S6005A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6005--A
     Cal. No. 1156
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2017
                                ___________
 
 Introduced  by  Sens. MURPHY, HANNON, HAMILTON -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Health
   -- reported favorably from said committee, ordered to first and second
   report,  amended  on second report, ordered to a third reading, and to
   be reprinted as amended, retaining its place in  the  order  of  third
   reading
 
 AN ACT to amend the public health law and the education law, in relation
   to authorizing employees of certain entities to administer epinephrine
   auto-injectors
 
   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 373 of the laws of 2016, is
 amended to read as follows:
   (a) "Eligible person or entity" means  (i)  an  ambulance  service  or
 advanced  life support first response service; a certified first respon-
 der, emergency medical technician, or advanced emergency medical techni-
 cian, 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; (iii) a school district, board  of  cooperative
 educational  services,  county vocational education and extension board,
 charter school, and non-public elementary and secondary school  in  this
 state  or  any  person  employed  by  any  such entity, OR EMPLOYED BY A
 CONTRACTOR OF SUCH AN ENTITY WHILE PERFORMING SERVICES FOR  THE  ENTITY;
 or  (iv)  a sports, entertainment, amusement, education, government, day
 care or retail facility; an educational institution, youth  organization
 or  sports  league;  an  establishment  that  serves  food;  or a person
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD11234-04-7

 S. 6005--A                          2
 
 employed by such entity; and (v) any other person or  entity  designated
 or  approved,  or in a category designated or approved pursuant to regu-
 lations of the commissioner in consultation with other appropriate agen-
 cies.
   §  2. Section 921 of the education law, as added by chapter 424 of the
 laws of 2014, is  renumbered  section  921-a  and  amended  to  read  as
 follows:
   §  921-a.  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
 secondary 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,  OR EMPLOYED BY A CONTRACTOR OF SUCH AN
 ENTITY WHILE PERFORMING SERVICES FOR THE ENTITY may administer  epineph-
 rine  auto-injectors  in  the  event  of  an  emergency  pursuant to the
 requirements of section three thousand-c of the public health law.
   § 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.

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Senate Bill S6005

Share this bill

Sponsored By

Archive: Last Bill Status Via A7635 - Signed by Governor

Bill Amendments

co-Sponsors

2017-S6005 - Details

2017-S6005 - Summary

2017-S6005 - Sponsor Memo

2017-S6005 - Bill Text download pdf

co-Sponsors

2017-S6005A (ACTIVE) - Details

2017-S6005A (ACTIVE) - Summary

2017-S6005A (ACTIVE) - Sponsor Memo

2017-S6005A (ACTIVE) - Bill Text download pdf

Comments