N.Y. Education Law § 916-a: Pupils with allergies

§ 916-a. Pupils with allergies. 1. (a) The board of education or

trustees of each school district and board of cooperative educational

services shall allow pupils who have been diagnosed by a physician or

other duly authorized health care provider with an allergy to carry and

use a prescribed epinephrine device for the emergency treatment of

allergic reactions during the school day on school property and at any

school function as such terms are defined, respectively, by subdivisions

one and two of section eleven of this chapter, with the written

permission of a physician or other duly authorized health provider, and

written parental consent. The written permission shall include an

attestation by the physician or the health care provider confirming the

following: (i) the pupil's diagnosis of an allergy for which an

epinephrine device is needed; and (ii) that the pupil has demonstrated

that such pupil can self-administer the prescribed epinephrine device

effectively. The written permission shall also include the circumstances

which may warrant the use of the epinephrine device. A record of such

consent and permission shall be maintained in the student's cumulative

health record. In addition, upon the written request of a parent or

person in parental relation, the board of education or trustees of a

school district and board of cooperative educational services shall

allow such pupils to maintain an extra epinephrine device for the

emergency treatment of allergies in the care and custody of a licensed

nurse, nurse practitioner, physician assistant, or physician employed by

such district or board of cooperative educational services, and shall be

readily accessible to such pupil. Nothing in this section shall require

a school district or board of cooperative educational services to retain

a licensed nurse, nurse practitioner, physician assistant, or physician

solely for the purpose of taking custody of a spare epinephrine device

for the emergency treatment of allergic reactions, or require that a

licensed nurse, nurse practitioner, physician assistant, or physician be

available at all times in a school building for taking custody of the

epinephrine device. In addition, the epinephrine device provided by the

pupil's parents or persons in parental relation will be made available

to the pupil as needed in accordance with the school district's or board

of cooperative educational services' policy and the orders prescribed in

the written permission of the physician or other authorized health care

provider.

(b) For the purposes of this subdivision, the term "epinephrine

device" shall have the same meaning as set forth in paragraph (b) of

subdivision one of section three thousand-c of the public health law.

2. A school district, board of cooperative educational services and/or

their agents or employees shall incur no legal or financial liability as

a result of any harm or injury sustained by a pupil or other person

caused by reasonable and good faith compliance with this section.