Anaphylaxis Law

							                         S T A T E   O F   N E W   Y O R K
     ________________________________________________________________________

                                        4051--A
                                                             Cal. No. 222

                             2007-2008 Regular Sessions

                                I N   A S S E M B L Y

                                  January 31, 2007
                                     ___________

     Introduced by M. of A. J. RIVERA, ORTIZ, ESPAILLAT, MILLMAN, GALEF,
       CYMBROWITZ, CLARK, GREENE, KOON, PAULIN, ROSENTHAL, SCHROEDER, SPANO,
       ENGLEBRIGHT -- Multi-Sponsored by -- M. of A. BENJAMIN, BING,
       DelMONTE, DESTITO, L. DIAZ, R. DIAZ, D. GORDON, GOTTFRIED, GUNTHER,
       HOOPER, JAFFEE, JOHN, V. LOPEZ, MARKEY, MAYERSOHN, McENENY, MORELLE,
       NOLAN, PERRY, PHEFFER, REILLY, ROBINSON, SWEENEY, TONKO, WEISENBERG,
       WRIGHT -- read once and referred to the Committee on Health --
       reported from committee, advanced to a third reading, amended and
       ordered reprinted, retaining its place on the order of third reading

     AN     ACT to amend the public health law, in relation to enacting the
          "allergy and anaphylaxis management act of 2007"

       THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND   ASSEM-
     BLY, DO ENACT AS FOLLOWS:

 1     Section 1. Legislative findings and intent. The legislature hereby
 2   finds, determines and declares that anaphylaxis, also known as anaphy-
 3   lactic shock, is a severe and sometimes life threatening reaction to an
 4   allergen. Anaphylaxis results in a medical emergency in most cases.
 5   There are significant challenges to dealing with anaphylaxis in a school
 6   environment.
 7     S 2. Short title. This act shall be known and may be cited as the
 8   "allergy and anaphylaxis management act of 2007".
 9     S 3. The public health law is amended by adding a new section 2500-h
10   to read as follows:
11     S 2500-H.     ANAPHYLACTIC POLICY FOR SCHOOL DISTRICTS. 1. THE COMMIS-
12   SIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION,        SHALL
13   ESTABLISH AN ANAPHYLACTIC POLICY FOR SCHOOL DISTRICTS SETTING FORTH
14   GUIDELINES AND PROCEDURES TO BE FOLLOWED FOR BOTH THE PREVENTION OF
15   ANAPHYLAXIS AND DURING A MEDICAL EMERGENCY RESULTING FROM ANAPHYLAXIS.
16   SUCH POLICY SHALL BE DEVELOPED AFTER CONSULTATION WITH REPRESENTATIVES
17   OF PEDIATRIC PHYSICIANS, SCHOOL NURSES AND OTHER HEALTH CARE PROVIDERS
18   WITH EXPERTISE IN TREATING CHILDREN WITH ANAPHYLAXIS, PARENTS OF CHIL-

      EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                           { } is old law to be omitted.
                                                                LBD02414-04-7

     A. 4051--A                           2

 1   DREN WITH LIFE THREATENING ALLERGIES, SCHOOL ADMINISTRATORS, TEACHERS,
 2   SCHOOL FOOD SERVICE DIRECTORS AND APPROPRIATE NOT-FOR-PROFIT CORPO-
 3   RATIONS REPRESENTING ALLERGIC INDIVIDUALS AT RISK FOR ANAPHYLAXIS.
 4     2. THE ANAPHYLACTIC POLICY ESTABLISHED BY SUBDIVISION ONE OF THIS
 5   SECTION SHALL INCLUDE THE FOLLOWING:
 6     (A) A PROCEDURE AND TREATMENT PLAN, INCLUDING RESPONSIBILITIES FOR
 7   SCHOOL NURSES AND OTHER APPROPRIATE SCHOOL PERSONNEL, FOR RESPONDING TO
 8   ANAPHYLAXIS;
 9     (B) A TRAINING COURSE FOR APPROPRIATE SCHOOL PERSONNEL FOR PREVENTING
10   AND RESPONDING TO ANAPHYLAXIS;
11     (C) A PROCEDURE AND APPROPRIATE GUIDELINES FOR THE DEVELOPMENT OF AN
12   INDIVIDUALIZED EMERGENCY HEALTH CARE PLAN FOR CHILDREN WITH A FOOD OR
13   OTHER ALLERGY WHICH COULD RESULT IN ANAPHYLAXIS;
14     (D) A COMMUNICATION PLAN FOR INTAKE AND DISSEMINATION OF INFORMATION
15   REGARDING CHILDREN WITH A FOOD OR OTHER ALLERGY WHICH COULD RESULT IN
16   ANAPHYLAXIS; AND
17     (E) STRATEGIES FOR THE REDUCTION OF THE RISK OF EXPOSURE TO ANAPHYLAC-
18   TIC CAUSATIVE AGENTS, INCLUDING FOOD AND OTHER ALLERGENS.
19     3. ON OR BEFORE JUNE THIRTIETH, TWO THOUSAND EIGHT, AN ANAPHYLACTIC
20   POLICY SHALL BE JOINTLY FORWARDED BY THE COMMISSIONER AND THE COMMIS-
21   SIONER OF EDUCATION TO EACH LOCAL SCHOOL BOARD OF EDUCATION, CHARTER
22   SCHOOL, AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES IN THE STATE. EACH
23   SUCH BOARD AND CHARTER SCHOOL SHALL CONSIDER AND TAKE ACTION IN RESPONSE
24   TO SUCH ANAPHYLACTIC POLICY.
25     S 4. This act shall take effect immediately.