STATE OF NEW YORK ________________________________________________________________________ 4930 2023-2024 Regular Sessions IN ASSEMBLY February 27, 2023 ___________ Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to requiring that certain school personnel are properly trained in the treatment of severe allergies and anaphylaxis and the administration of glucagon or an emergency epinephrine auto injector The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 902-b of the education law, as 2 added by chapter 423 of the laws of 2014, is amended and a new subdivi- 3 sion 1-a is added to read as follows: 4 1. Licensed nurses, nurse practitioners, physician assistants, or 5 physicians employed by schools are authorized, so long as they have 6 completed the training required pursuant to subdivision one-a of this 7 section, to administer prescribed epinephrine pursuant to the scope of 8 practice of the licensed individual under title VIII of this chapter, to 9 pupils diagnosed by a physician or other duly authorized health care 10 provider with an allergy who have the written permission of a physician 11 or other duly authorized health care provider for the administration of 12 emergency epinephrine and written parental consent to carry and use an 13 epinephrine auto injector pursuant to section nine hundred sixteen-a of 14 this article, during the school day on school property and at any school 15 function as such terms are defined, respectively, by subdivisions one 16 and two of section eleven of this chapter. 17 1-a. Every licensed nurse, nurse practitioner, physician assistant, or 18 physician employed by a school shall have completed proper training, in 19 a form and manner prescribed by the commissioner, in the assessment, 20 management and treatment of severe allergies and anaphylaxis. Such 21 training shall incorporate the requirements set forth in section twen- 22 ty-five hundred-h of the public health law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02772-01-3
A. 4930 2 1 § 2. Subdivision 1 of section 921 of the education law, as amended by 2 chapter 339 of the laws of 2021, is amended and a new subdivision 1-a is 3 added to read as follows: 4 1. The board of education or trustees of each school district and 5 board of cooperative educational services and nonpublic schools are 6 authorized[, but not obligated] to have licensed registered professional 7 nurses, nurse practitioners, physician assistants, and physicians train 8 unlicensed school personnel to administer prescribed glucagon or 9 epinephrine auto injectors in emergency situations, where an appropri- 10 ately licensed health professional is not available, to pupils who have 11 the written permission of a physician or other duly authorized health 12 care provider for the administration of glucagon or emergency epineph- 13 rine auto injector, along with written parental consent, during the 14 school day on school property and at any school function as such terms 15 are defined, respectively, by subdivisions one and two of section eleven 16 of this chapter. Training must be provided by a physician or other duly 17 authorized licensed health care professional in a competent manner and 18 must be completed in a form and manner prescribed by the commissioner in 19 regulation. Every school which has at least one pupil who has the writ- 20 ten permission of a physician or other duly authorized health care 21 provider for the administration of glucagon or an emergency epinephrine 22 auto injector, along with written parental consent, shall be required to 23 have at least two unlicensed school personnel who are trained pursuant 24 to this section to administer glucagon or an emergency epinephrine auto 25 injector. 26 1-a. In every elementary school or any other school where pupils are 27 based in a single classroom, if there is at least one pupil who has the 28 written permission of a physician or other duly authorized health care 29 provider for the administration of glucagon or an emergency epinephrine 30 auto injector, along with written parental consent, such school shall 31 ensure that the teacher of the classroom that such pupil is in is prop- 32 erly trained pursuant to this section to administer glucagon or an emer- 33 gency epinephrine auto injector. 34 § 3. This act shall take effect immediately.