§ 916-a. Pupils with allergies. 1.
(a)The board of education or\ntrustees of each school district and board of cooperative educational\nservices shall allow pupils who have been diagnosed by a physician or\nother duly authorized health care provider with an allergy to carry and\nuse a prescribed epinephrine device for the emergency treatment of\nallergic reactions during the school day on school property and at any\nschool function as such terms are defined, respectively, by subdivisions\none and two of section eleven of this chapter, with the written\npermission of a physician or other duly authorized health provider, and\nwritten parental consent. The written permission shall include an\nattestation by the physician or the health care provider confirming the\nfollowing:
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§ 916-a. Pupils with allergies. 1. (a) The board of education or\ntrustees of each school district and board of cooperative educational\nservices shall allow pupils who have been diagnosed by a physician or\nother duly authorized health care provider with an allergy to carry and\nuse a prescribed epinephrine device for the emergency treatment of\nallergic reactions during the school day on school property and at any\nschool function as such terms are defined, respectively, by subdivisions\none and two of section eleven of this chapter, with the written\npermission of a physician or other duly authorized health provider, and\nwritten parental consent. The written permission shall include an\nattestation by the physician or the health care provider confirming the\nfollowing: (i) the pupil's diagnosis of an allergy for which an\nepinephrine device is needed; and (ii) that the pupil has demonstrated\nthat such pupil can self-administer the prescribed epinephrine device\neffectively. The written permission shall also include the circumstances\nwhich may warrant the use of the epinephrine device. A record of such\nconsent and permission shall be maintained in the student's cumulative\nhealth record. In addition, upon the written request of a parent or\nperson in parental relation, the board of education or trustees of a\nschool district and board of cooperative educational services shall\nallow such pupils to maintain an extra epinephrine device for the\nemergency treatment of allergies in the care and custody of a licensed\nnurse, nurse practitioner, physician assistant, or physician employed by\nsuch district or board of cooperative educational services, and shall be\nreadily accessible to such pupil. Nothing in this section shall require\na school district or board of cooperative educational services to retain\na licensed nurse, nurse practitioner, physician assistant, or physician\nsolely for the purpose of taking custody of a spare epinephrine device\nfor the emergency treatment of allergic reactions, or require that a\nlicensed nurse, nurse practitioner, physician assistant, or physician be\navailable at all times in a school building for taking custody of the\nepinephrine device. In addition, the epinephrine device provided by the\npupil's parents or persons in parental relation will be made available\nto the pupil as needed in accordance with the school district's or board\nof cooperative educational services' policy and the orders prescribed in\nthe written permission of the physician or other authorized health care\nprovider.\n (b) For the purposes of this subdivision, the term "epinephrine\ndevice" shall have the same meaning as set forth in paragraph (b) of\nsubdivision one of section three thousand-c of the public health law.\n 2. A school district, board of cooperative educational services and/or\ntheir agents or employees shall incur no legal or financial liability as\na result of any harm or injury sustained by a pupil or other person\ncaused by reasonable and good faith compliance with this section.\n