Authorizes schools to administer epinephrine auto-injectors in the event of an emergency

Summary of provisions

Section 1 amends public health law section 3000-c(1)(a) to expand the definition of "Eligible person, firm, organization, or other entity" to include 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 or any person employed by such entity.

Section 2 amends the education law by adding a new section 921 to:

1. Authorize school districts, boards of cooperative educational services, county vocational education and extension boards, charter schools and non-public elementary and secondary schools to provide and maintain epinephrine auto-injectors on-site, in quantities and types deemed by the commissioner of education in consultation with the commissioner of health to be adequate, to ensure ready and appropriate access for use during emergencies for any student or staff member having anaphylactic symptoms whether or not there is a previous history of severe allergic reaction.

2. Authorize school districts, boards of cooperative educational services, county vocational education and extension boards, charter schools, and non-public elementary and secondary schools, or any person employed by such entity to administer epinephrine auto-injectors in the event of any emergency so long as the individual or entity has completed the appropriate training and the entity has a collaborative agreement with a physician or hospital as required under public health law section 3000-c (2) and (3).

Section 3 is the effective date.

Justification

According to the National Institutes of Health, the prevalence of food allergies is between 6% and 9% in children younger than age four and 3.7% in adults, and appears to be increasing.

Allergic reactions can range from mild skin rashes to severe anaphylaxis, which causes swelling of the airways and breathing difficulty. In severe cases, it can lead to loss of consciousness or death.

The most common treatment for anaphylaxis is epinephrine, which often comes in the form of a pre-dosed auto-injector. Delays in the administration of epinephrine to someone in anaphylaxis can result in rapid decline and death.

As noted in an article in the New York Times on September 7, 2012, in Massachusetts, where schools are permitted to administer epinephrine to any student, 25% of students who had been given the drug for a reaction did not previously know they had an allergy.

Currently New York State does not permit schools to administer epinephrine to students unless school authorities know about the allergy and a doctor's prescription is on file. The timely administration of epinephrine to a child in anaphylaxis could mean the difference between life and death. The life of a child should not be at risk because it is not known the child has an allergy and does not have a prescription for epinephrine.

This legislation would permit school employees who have completed the appropriate training to administer epinephrine auto-injectors to any student or staff member in an emergency.

Legislative history

None.

Fiscal implications

None to the state. Schools that are eligible and decide to possess and maintain auto-injectable epinephrine will need to purchase them. It is unknown what price the schools will pay, but the cost to the general public is approximately $125 per dose. The total cost will also depend on the number of epinephrine auto-injectors determined to be needed by the commissioner of health to ensure ready and appropriate access in an emergency.

Effective date

The act shall take effect one hundred twenty days after it becomes law; however, the commissioner of education is authorized to promulgate rules and regulations for the implementation of the act immediately.