New York - Chronic Conditions—allergy plan: Policy requirement

Area: 
Policy Or Plan Requirements
Policy Type: 
statute; regulation
Summary: 

State law addresses allergy plan.

*Public Health Consolidated Laws Section 2500-H2**

  1. The commissioner, in consultation with the commissioner of education, shall establish an anaphylactic policy for school districts setting forth guidelines and procedures to be followed for both the prevention of anaphylaxis and during a medical emergency resulting from anaphylaxis. Such policy shall be developed after consultation with representatives of pediatric physicians, school nurses and other health care providers with expertise in treating children with anaphylaxis, parents of children with life threatening allergies, school administrators, teachers, school food service directors and appropriate not-for-profit corporations representing allergic individuals at risk for anaphylaxis.

  2. The anaphylactic policy established by subdivision one of this section shall include the following:

    • (a) a procedure and treatment plan, including responsibilities for school nurses and other appropriate school personnel, for responding to anaphylaxis;
    • (b) a training course for appropriate school personnel for preventing and responding to anaphylaxis;
    • (c) a procedure and appropriate guidelines for the development of an individualized emergency health care plan for children with a food or other allergy which could result in anaphylaxis;
    • (d) a communication plan for intake and dissemination of information regarding children with a food or other allergy which could result in anaphylaxis; and
    • (e) strategies for the reduction of the risk of exposure to anaphylactic causative agents, including food and other allergens.

Education Consolidated Laws Section 916-A

  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.

8 CRR-NY 136.7

(1) Each board of education or trustees of each school district and each board of cooperative educational services shall allow a student to carry and self-administer their prescribed epinephrine auto injector during the school day, on school property and at any school function, if the student provides the school with:


8 CRR-NY 136.7

(3) Upon written request of a parent or person in parental relation the school district or board of cooperative educational services, as applicable, shall allow the student to maintain an extra epinephrine auto injector 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.
Source: New York Codes, Rules and Regulations

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