NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7635A
SPONSOR: Buchwald
 
TITLE OF BILL: An act to amend the public health law and the educa-
tion law, in relation to authorizing employees of certain entities to
administer epinephrine auto-injectors
 
PURPOSE OR GENERAL IDEA OF BILL:
To allow employees of entities that contract with school districts and
other educational institutions to be able to administer an epinephrine
auto-injector in emergency circumstances, while performing services for
such institutions.
 
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, to the defi-
nition of "eligible person or entity," for the purpose of administering
an epinephrine auto-injector.
Section two states that any employees of contractors with a school
district or other educational institution, while in performance of
services for such institution, may administer an epinephrine auto-injec-
tor 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 Educa-
tion, 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 aller-
gies, 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 emer-
gency called anaphylaxis, which can lead to the closing off of 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 0-17 years of age has increased from 3.4% in
19971999 to 5.1% in 2009-2011 to now 5.7 percent in 2017. And 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 are not allowed to assist with or admin-
ister 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 and from school
and to other extracurricular activities on a daily basis. In many
districts, those buses are operated by private companies who contract
with a school district or other educational agency. 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-in-
jector 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 services to
school districts and other educational entities across New York State to
administer or assist in administering, while performing services for the
entity, an epinephrine auto-injector to a child during a severe allergic
reaction, thereby adding to the health and safety of thousands of chil-
dren across New York State.
 
PRIOR LEGISLATIVE HISTORY:
New Bill
 
IMPACTS ON FINES, PENAL LAW SANCTIONS AND OTHER PENALTIES:
None
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
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.