Relates to epinephrine auto-injectors in schools

BILL NUMBER:S6208A

Title of bill

An act to amend the public health law, in relation to epinephrine auto-injectors in schools

Purpose

The purpose of this legislation is to require each school to keep a supply of epinephrine auto-injectors in a secure yet accessible location on the premises at all times.

Summary of provisions

Section 1 of the bill adds a new section 3000-cc to the Public Health Law. New section 3000-cc (i) provides definitions for the terms "anaphylaxis" and "trained personnel," (ii) requires schools to train personnel to administer epinephrine to any student reasonably believed to be suffering from anaphylaxis, (iii) requires schools to maintain at least two epinephrine auto-injectors(epi-pens)in separate, secure and reasonably accessible locations, (iv) requires schools to have a plan in place for having at least one person who has been trained in the administration of epinephrine through the use of an epi-pen on the school's premises during operating hours, (v) require schools to send a notice to parents informing them that an epi-pen could be administered to their child if the child is reasonably believed to be suffering from anaphylaxis, (vi) requires schools to obtain epi-pens from appropriate medical professionals, (vii) requires schools to call 911 as soon as is safely possible after the administration of an epi-pen, and (viii) provides that neither schools not staff members shall be held liable for administration of an epi-pen pursuant to this section.

Section 2 of the bill provides that this act shall take effect on the ninetieth day after it shall have become a law.

Justification

On November 13, 2013, President Obama signed H.R. 2094, entitled the School Access to Emergency Epinephrine Act. This bill codifies the provisions of the School Access to Emergency Epinephrine Act. By codifying these provisions, New York will be able to obtain preference for funding from the children's asthma treatment grants program. The grant, administered by the U.S. Department of Health and Human Services (HHS) annually, totals $23 million.

Enactment of this bill would not only make our children safer while at school, but would also fulfill all the requirements laid out in the federal legislation and allow New York the opportunity to access critical funding. This money could then be used to fund the purchase of epinephrine auto-injectors and cover the costs of training personnel.

Legislative history

New bill

Fiscal implications

None

Effective date

This act shall take effect on the ninetieth day after it shall have become a law.