A 149: Requires epinephrine devices in schools.

  
  STATE OF NEW YORK ________________________________________________________________________ 149 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. ROSENTHAL, WEPRIN, COLTON -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to epinephrine in schools The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 3000-cc to read as follows: 3 § 3000-cc. Epinephrine in schools. 1. For purposes of this section: 4 (a) "Anaphylaxis" means a potentially life-threatening hypersensitivi- 5 ty or allergic reaction to a substance. 6 i. Symptoms of anaphylaxis may include shortness of breath, wheezing, 7 difficulty breathing, difficulty talking or swallowing, hives, itching, 8 swelling, shock, or asthma. 9 ii. Causes of anaphylaxis may include, but are not limited to, insect 10 stings or bites, foods, drugs, and other allergens, as well as idiopath- 11 ic or exercise-induced anaphylaxis. 12 (b) "Trained personnel" with respect to an elementary or secondary 13 school shall mean an individual: 14 i. who has been designated by the principal (or other appropriate 15 administrative staff) of the school to administer epinephrine on a 16 voluntary basis outside their scope of employment; 17 ii. who has received training in the administration of epinephrine; 18 and 19 iii. whose training in the administration of epinephrine meets appro- 20 priate medical standards. 21 2. (a) Each school shall train school personnel to administer epineph- 22 rine to any student of the school reasonably believed to be suffering 23 from anaphylaxis. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00950-01-5 
 A. 149 2 1 (b) The minimum training provided by each school in the administration 2 of epinephrine shall include but not be limited to: 3 i. Techniques for recognizing circumstances, signs, and symptoms of 4 anaphylaxis; and 5 ii. Standards and procedures for proper storage and emergency use of 6 epinephrine devices. 7 3. Each school shall maintain at least two epinephrine devices in 8 separate, secure locations that are easily accessible by the relevant 9 trained personnel of the school for the purpose of administration to any 10 student of the school reasonably believed to be suffering from anaphy- 11 laxis. 12 4. Each school is required to have in place a plan for having on the 13 premises of the school during all operating hours, one or more individ- 14 uals who are trained personnel in the administration of epinephrine. 15 5. Each school shall send notification home at the beginning of the 16 school year to all parents and/or guardians informing them that an 17 epinephrine device could be administered to their child in the event of 18 an anaphylactic reaction. 19 6. School officials shall obtain epinephrine devices from the appro- 20 priate medical professionals, but a prescription is not required for 21 their administration. 22 7. School officials shall call 911 emergency services as soon as safe- 23 ly possible after administering an epinephrine device. 24 8. Schools and/or staff members who are otherwise in compliance with 25 the requirements of this section shall not be held liable for the 26 reasonable and good faith administration of the epinephrine device 27 pursuant to this section. 28 § 2. This act shall take effect on the ninetieth day after it shall 29 have become a law.