N.Y. Comp. Codes R. & Regs. tit. 8 § 136.6

Current through Register Vol. 46, No. 51, December 18, 2024

Section 136.6 - Authorized use of epinephrine auto-injector

(a)Definitions. As used in this section:

(1)Epinephrine auto-injector device means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body for the purpose of emergency treatment of a person appearing to experience anaphylactic symptoms approved by the United States Food and Drug Administration.

(2)Trained school personnel means any person employed by a school district, board of cooperative educational services, county vocational education and extension board, charter school or non-public elementary and secondary school, including but not limited to, health professionals who have successfully completed a training course in the use of epinephrine auto-injector devices approved by the Department of Health pursuant to Public Health Law section 3000-c.

(3)Instructional school facility means a building or other facility maintained by a school district, board of cooperative educational services, a county vocational education and extension board, charter school, or non-public elementary and secondary school where instruction is provided to students pursuant to its curriculum.

(b) Each school district, board of cooperative educational services, county vocational education and extension board, charter school, and non-public elementary and secondary school may provide and maintain on-site in each instructional school facility epinephrine auto-injectors for use during emergencies in accordance with Public Health Law section 3000-c. Each such facility shall have sufficient epinephrine auto-injectors available to ensure ready and appropriate access for use during emergencies to any student or staff having symptoms of anaphylaxis whether or not there is a previous history of severe allergic reaction. In determining the quantity and placement of epinephrine auto-injectors, consideration shall be given to:

(1) the number of students, staff and other individuals that are customarily or reasonably anticipated to be within such facility; and

(2) the physical layout of the facility, including but not limited to:

(i) location of stairways and elevators;

(ii) number of floors in the facility;

(iii) location of classrooms and other areas of the facility where large congregations of individuals may occur; and

(iv) any other unique design features of the facility.

(c) In the event of an emergency, trained school personnel or school personnel directed in a specified instance to use an epinephrine auto-injector device by a health care practitioner as defined in Public Health Law section 3000-c, may administer an epinephrine auto-injector to any student or school personnel having symptoms of anaphylaxis in an instructional school facility, whether or not there is a previous history of severe allergic reaction pursuant to Public Health Law section 3000-c.

(d) School districts, boards of cooperative educational services, county vocational education and extension boards, charter schools, and nonpublic elementary and secondary schools in this state that are authorized to provide and maintain epinephrine auto-injectors on-site pursuant to Education Law § 921-a shall provide all teachers with written informational material on the use of an epinephrine auto-injector that has been created and approved by the commissioner of health.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 136.6

Adopted, New York State Register April 1, 2015/Volume XXXVII, Issue 13, eff. 4/1/2015

Amended New York State Register August 2, 2017 /Volume XXXIX, Issue 31, eff. 8/2/2017

Amended New York State Register March 27, 2024/Volume XLVI, Issue 13, eff. 3/11/2024, exp. 5/9/2024 (Emergency)

Amended New York State Register May 1, 2024/Volume XLVI, Issue 18, eff. 5/1/2024