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A07635 Summary:

BILL NOA07635A
 
SAME ASSAME AS S06005-A
 
SPONSORBuchwald
 
COSPNSRSkoufis, Zebrowski, Colton, Crespo, D'Urso, Ortiz, Benedetto, Harris, Brabenec, Lawrence, Mosley, Murray, Palumbo, Rosenthal L, Galef, Byrne, Lupardo, Titone, Mayer, Hooper
 
MLTSPNSRBraunstein, Giglio, Hikind, Hyndman, McDonough, Miller ML, Schimminger, Simon
 
Amd §3000-c, Pub Health L; amd §921, Ed L
 
Relates to authorizing the employees of certain entities to administer epinephrine auto-injectors.
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A07635 Memo:

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.
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