New York Laws
Article 19 - Medical and Health Service
916-A - Pupils With Allergies.

§ 916-a. Pupils with allergies. 1. 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 auto injector 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: (a) the pupil's diagnosis of an allergy for which an
epinephrine auto injector is needed; and (b) that the pupil has
demonstrated that he or she can self-administer the prescribed
epinephrine auto injector effectively. The written permission shall also
include the circumstances which may warrant the use of the epinephrine
auto injector. 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 auto injector for the emergency treatment of allergies
in the care and custody of 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 auto injector 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 auto injector. In addition, the epinephrine auto injector
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.

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.