Requires newly certified teachers to be trained in the use of an epinephrine auto-injector; requires such teachers to be certified within 3 months of date of hire.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A228
SPONSOR: Rosenthal L (MS) TITLE OF BILL:
An act to amend the education law, in relation to requiring newly certi-
fied teachers to receive instruction in the use of an epinephrine auto-
injector
PURPOSE:
This bill requires all teachers to be trained in the administration of
epinephrine auto-injector devices.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the education law by adding a new section 3001-e.
Section two sets forth the effective date.
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 § 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:
2021-22:A.523 - Referred to Education; S.8093- Referred to Education
2019-20:A.768 - Referred to Education; S.5738- Referred to Education
2017-18:A.299 - Referred to Education; S.2747- Committed to Rules
2015-16:A.877 - Referred to Education; S.7419- Referred to Education
2013-14: A.759-A - Referred to Education; S.4876 - Referred to Education
2011-12: A.8977-B - Referred to Education; S.5458-B - Referred to Educa-
tion
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This bill shall take effect immediately and shall apply to classroom
teachers that have been certified after such effective date.
STATE OF NEW YORK
________________________________________________________________________
228
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. L. ROSENTHAL, BENEDETTO, PAULIN, MAGNARELLI,
WEPRIN, SEAWRIGHT, STECK, STERN, REYES, BURDICK, SILLITTI, KELLES,
LUPARDO, DICKENS, BURGOS, JEAN-PIERRE, SIMON, MAMDANI, CRUZ, DAVILA,
SAYEGH, GONZALEZ-ROJAS, JACKSON, LUNSFORD, DiPIETRO, BRABENEC, GALLA-
HAN -- Multi-Sponsored by -- M. of A. EPSTEIN, McDONOUGH, THIELE --
read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to requiring newly certi-
fied teachers to receive instruction in the use of an epinephrine
auto-injector
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 3001-e
2 to read as follows:
3 § 3001-e. Epinephrine auto-injector instruction. 1. (a) Teachers
4 shall complete a course or training in the use of an epinephrine auto-
5 injector within three months of the day such person was hired by a
6 school district or schools designated under article fifty-six of this
7 chapter in the state.
8 (b) Documentation showing the successful completion of the epinephrine
9 auto-injector instruction required pursuant to this section shall be
10 kept in such teacher's personnel file.
11 2. The training required pursuant to this section may be performed by
12 the registered nurse at the school in which the teacher is hired to work
13 or by a recognized food allergy and anaphylaxis training program through
14 any method available, including but not limited to courses online or in
15 person.
16 § 2. This act shall take effect immediately and shall apply to class-
17 room teachers that have been certified after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00744-01-3
