BILL NUMBER: S209

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring schools that
maintain epinephrine auto-injectors on-site to provide teachers with
written informational material on the use of such auto-injectors

 
PURPOSE:

This bill requires informational material concerning epinephrine auto-
injectors to be made available in schools that stock them on-site.

 
SUMMARY OF PROVISIONS:

School districts, boards of cooperative educational services, county
vocational education and extension boards, charter schools, and nonpub-
lic elementary and secondary schools in this state that provide and
maintain epinephrine auto-injectors on-site pursuant to this section
shall provide all teachers with written informational material on the
use of an epinephrine auto-injector that has been created and approved
              

by a health care professional.

 
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 experi-
encing 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 require-
ment 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 5 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:

New but similar to S.8093 of 2022. S.9438 Passed Senate in 2022.

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This bill shall take effect immediately.