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.
STATE OF NEW YORK
________________________________________________________________________
7635--A
2017-2018 Regular Sessions
IN ASSEMBLY
May 5, 2017
___________
Introduced by M. of A. BUCHWALD, KEARNS, SKOUFIS, ZEBROWSKI, GJONAJ,
COLTON, CRESPO, D'URSO, ORTIZ, BENEDETTO, HARRIS, BRABENEC, LAWRENCE,
MOSLEY, MURRAY -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, GIGLIO,
HIKIND, HYNDMAN, McDONOUGH, McLAUGHLIN, SCHIMMINGER, SIMON -- read
once and referred to the Committee on Health -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
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 Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 1 of section 3000-c of the
2 public health law, as amended by chapter 373 of the laws of 2016, is
3 amended to read as follows:
4 (a) "Eligible person or entity" means (i) an ambulance service or
5 advanced life support first response service; a certified first respon-
6 der, emergency medical technician, or advanced emergency medical techni-
7 cian, who is employed by or an enrolled member of any such service; (ii)
8 a children's overnight camp as defined in subdivision one of section
9 thirteen hundred ninety-two of this chapter, a summer day camp as
10 defined in subdivision two of section thirteen hundred ninety-two of
11 this chapter, a traveling summer day camp as defined in subdivision
12 three of section thirteen hundred ninety-two of this chapter or a person
13 employed by such a camp; (iii) a school district, board of cooperative
14 educational services, county vocational education and extension board,
15 charter school, and non-public elementary and secondary school in this
16 state or any person employed by any such entity, or employed by a
17 contractor of such an entity while performing services for the entity;
18 or (iv) a sports, entertainment, amusement, education, government, day
19 care or retail facility; an educational institution, youth organization
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11234-05-7
A. 7635--A 2
1 or sports league; an establishment that serves food; or a person
2 employed by such entity; and (v) any other person or entity designated
3 or approved, or in a category designated or approved pursuant to regu-
4 lations of the commissioner in consultation with other appropriate agen-
5 cies.
6 § 2. Section 921 of the education law, as added by chapter 424 of the
7 laws of 2014, is renumbered section 921-a and amended to read as
8 follows:
9 § 921-a. On-site epinephrine auto-injector. 1. School districts,
10 boards of cooperative educational services, county vocational education
11 and extension boards, charter schools, and non-public elementary and
12 secondary schools in this state may provide and maintain on-site in each
13 instructional school facility epinephrine auto-injectors in quantities
14 and types deemed by the commissioner, in consultation with the commis-
15 sioner of health, to be adequate to ensure ready and appropriate access
16 for use during emergencies to any student or staff having anaphylactic
17 symptoms whether or not there is a previous history of severe allergic
18 reaction.
19 2. School districts, boards of cooperative educational services, coun-
20 ty vocational education and extension boards, charter schools, and non-
21 public elementary and secondary schools in this state [or], any person
22 employed by any such entity, or employed by a contractor of such an
23 entity while performing services for the entity may administer epineph-
24 rine auto-injectors in the event of an emergency pursuant to the
25 requirements of section three thousand-c of the public health law.
26 § 3. This act shall take effect on the one hundred twentieth day after
27 it shall have become a law. Effective immediately, the commissioner of
28 health, in consultation with the commissioner of education, may promul-
29 gate any rule or regulation necessary for the timely implementation of
30 this act.
