S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4930
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation to requiring that certain
   school personnel are properly  trained  in  the  treatment  of  severe
   allergies  and  anaphylaxis  and  the administration of glucagon or an
   emergency epinephrine auto injector

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of section 902-b of the education law, as
 added by chapter 423 of the laws of 2014, is amended and a new  subdivi-
 sion 1-a is added to read as follows:
   1.  Licensed  nurses,  nurse  practitioners,  physician assistants, or
 physicians employed by schools are authorized,  SO  LONG  AS  THEY  HAVE
 COMPLETED  THE  TRAINING  REQUIRED PURSUANT TO SUBDIVISION ONE-A OF THIS
 SECTION, to administer prescribed epinephrine pursuant to the  scope  of
 practice of the licensed individual under title VIII of this chapter, to
 pupils  diagnosed  by  a  physician or other duly authorized health care
 provider with an allergy who have the written permission of a  physician
 or  other duly authorized health care provider for the administration of
 emergency epinephrine and written parental consent to carry and  use  an
 epinephrine  auto injector pursuant to section nine hundred sixteen-a of
 this article, during the school day on school property and at any school
 function as such terms are defined, respectively,  by  subdivisions  one
 and two of section eleven of this chapter.
   1-A. EVERY LICENSED NURSE, NURSE PRACTITIONER, PHYSICIAN ASSISTANT, OR
 PHYSICIAN  EMPLOYED BY A SCHOOL SHALL HAVE COMPLETED PROPER TRAINING, IN
 A FORM AND MANNER PRESCRIBED BY THE  COMMISSIONER,  IN  THE  ASSESSMENT,
 MANAGEMENT  AND  TREATMENT  OF  SEVERE  ALLERGIES  AND ANAPHYLAXIS. SUCH
 TRAINING SHALL INCORPORATE THE REQUIREMENTS SET FORTH IN  SECTION  TWEN-
 TY-FIVE HUNDRED-H OF THE PUBLIC HEALTH LAW.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02772-01-3
 A. 4930                             2
              

 
   §  2. Subdivision 1 of section 921 of the education law, as amended by
 chapter 339 of the laws of 2021, is amended and a new subdivision 1-a is
 added to read as follows:
   1.  The  board  of  education  or trustees of each school district and
 board of cooperative educational  services  and  nonpublic  schools  are
 authorized[, but not obligated] to have licensed registered professional
 nurses,  nurse practitioners, physician assistants, and physicians train
 unlicensed  school  personnel  to  administer  prescribed  glucagon   or
 epinephrine  auto  injectors in emergency situations, where an appropri-
 ately licensed health professional is not available, to pupils who  have
 the  written  permission  of a physician or other duly authorized health
 care provider for the administration of glucagon or  emergency  epineph-
 rine  auto  injector,  along  with  written parental consent, during the
 school day on school property and at any school function as  such  terms
 are defined, respectively, by subdivisions one and two of section eleven
 of  this chapter. Training must be provided by a physician or other duly
 authorized licensed health care professional in a competent  manner  and
 must be completed in a form and manner prescribed by the commissioner in
 regulation.  EVERY SCHOOL WHICH HAS AT LEAST ONE PUPIL WHO HAS THE WRIT-
 TEN  PERMISSION  OF  A  PHYSICIAN  OR  OTHER DULY AUTHORIZED HEALTH CARE
 PROVIDER FOR THE ADMINISTRATION OF GLUCAGON OR AN EMERGENCY  EPINEPHRINE
 AUTO INJECTOR, ALONG WITH WRITTEN PARENTAL CONSENT, SHALL BE REQUIRED TO
 HAVE  AT  LEAST TWO UNLICENSED SCHOOL PERSONNEL WHO ARE TRAINED PURSUANT
 TO THIS SECTION TO ADMINISTER GLUCAGON OR AN EMERGENCY EPINEPHRINE  AUTO
 INJECTOR.
   1-A.  IN  EVERY ELEMENTARY SCHOOL OR ANY OTHER SCHOOL WHERE PUPILS ARE
 BASED IN A SINGLE CLASSROOM, IF THERE IS AT LEAST ONE PUPIL WHO HAS  THE
 WRITTEN  PERMISSION  OF A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE
 PROVIDER FOR THE ADMINISTRATION OF GLUCAGON OR AN EMERGENCY  EPINEPHRINE
 AUTO  INJECTOR,  ALONG  WITH WRITTEN PARENTAL CONSENT, SUCH SCHOOL SHALL
 ENSURE THAT THE TEACHER OF THE CLASSROOM THAT SUCH PUPIL IS IN IS  PROP-
 ERLY TRAINED PURSUANT TO THIS SECTION TO ADMINISTER GLUCAGON OR AN EMER-
 GENCY EPINEPHRINE AUTO INJECTOR.
   § 3. This act shall take effect immediately.