What's happening
This bill allows employees of school contractors to administer epinephrine auto-injectors during emergencies, expanding current law.
Why it matters
Expands emergency response capabilities. by allowing not just direct school/camp employees, but also employees of contractors (such as cafeteria staff, custodians, or bus drivers) to use epinephrine auto-injectors, potentially saving lives during allergic emergencies.
Addresses gaps in current law. where contractor staff were previously not authorized to administer epinephrine, even though they often interact with children and could be first on the scene during an anaphylactic reaction.
May improve safety and confidence for parents and communities,. knowing more adults on school and camp property can legally respond to severe allergies, which is especially important for children whose allergies are undiagnosed.
Could require additional training and oversight. for contractor employees, prompting schools and camps to coordinate with contractors to ensure proper preparation and legal compliance.
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Who cares
Headline styles
Let More Staff Give EpiPens
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 40
History
- Substituted by A7635A
- Advanced to third reading
- Amended (t) 6005a
- 2nd report cal.
- 1st report cal.1156
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let More Employees Use EpiPens
Signed by Governor · Sponsor David Buchwald
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6005--A Cal. No. 1156
2017-2018 Regular Sessions
IN SENATE
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 Assembly, 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 responder, emergency medical technician, or advanced emergency medical technician, 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 regulations of the commissioner in consultation with other appropriate agencies.
§ 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 commissioner 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, county vocational education and extension boards, charter schools, and nonpublic 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 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 promulgate any rule or regulation necessary for the timely implementation of this act.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
Read the full memo (635 words)
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.