New York, NY – Assemblymember Linda B. Rosenthal (D/WF – Manhattan) was joined by advocates, concerned parents and children who suffer with severe food allergies to demand passage of her bill, A.759-A, which would provide for teachers to take a free, 10 minute online training in how to safely and effectively administer the epipen. Senator Martin J. Golden (S.4876) the bill’s sponsor in the Assembly was also on hand to speak in support the legislation.

“No child should have to die of anaphylaxis before we move to ensure that there are enough people in the school who know how to treat it,” said Assemblymember Linda B. Rosenthal. “Any state that has passed legislation relating to epipens in schools has only done so after a tragic fatality. New York State has a real opportunity to lead on this issue, and we have a responsibility to the children and parents of this state to get it done.”

The bill, a common-sense measure narrowly tailored to protect children without overburdening educators, would require newly certified teachers to become trained to administer the epipen within three months of their hire by taking a free, 10-minute course available online.

"When it comes to medical treatment during anaphylaxis, the most important thing is immediate treatment. Epinephrine auto-injectors have become a life saving tool for millions. This legislation, which requires teachers be trained in the use and administration of epinephrine auto-injectors, is a simple course which will help save lives. I thank my colleague, Assembly member Rosenthal for sponsoring this bill in the State Assembly, and I call on all our colleagues to pass this important piece of life saving legislation,” said Senator Marty Golden.

Approximately one in thirteen children, roughly two in an average New York classroom, have food allergies. Of these, nearly 40% have already experienced a severe reaction, and 25% of those reactions occur in children unaware of their allergy.

“I would never leave my son with a babysitter or adult who did not understand how to recognize anaphylaxis and how to administer an epinephrine auto-injector. When we do leave our children off at school in New York State that is what we are being asked to do. Teachers are entrusted with our children for the majority of their day: let’s give teachers the tools to save a child’s life who is experiencing anaphylaxis in their classroom and is not able to be reached by a nurse in time. Bill A.759-A/S.4867 provides the necessary training and education to save lives in New York State schools,” said Stacey Saiontz, attorney and mother of child with life threatening allergies to dairy, egg, wheat, oat, barley, tree nuts and sesame.

“While there is no cost associated with the implementation of this bill, but the costs associate with not passing this bill may be measured in lives lost, rather than dollars saved,” said Assemblymember Rosenthal. “In an emergency situation, where seconds may mean the difference between life and death, an educator armed with an epipen and the confidence to administer it swiftly and effectively could save a life.”

The bill explicitly extends the protection of New York State’s Good Samaritan’s Law, which protects a rescuer from liability in the event that an accident or injury occurs during the rescue attempt, to teachers who administer the epipen in an emergency. Though the bill would not compel teachers who have been trained to administer the epipen, research has shown that those who receive the training are more inclined to administer the epipen because they know how to do so.

In New York, only nurses may administer the epipen to students in school buildings. New York City allows licensed medical professionals to train additional school staff members to administer the epipen, but only when there is a student present on campus with a known allergy and a Medical Administration Form. Importantly, not every school has a nurse in the building. In the event of an emergency, if one of the two trained staff happens to be out for the day or even on a different floor or in another room of the building, the time it takes for them to reach the sick student may mean the difference between life and death.

“With the increasing prevalence of food allergies and the lack of a nurse in some schools, Assembly bill 759-A and Senate bill 4876 can protect our children by giving their teachers the knowledge they need to save lives,” said Jill Mindlin, attorney, mother of children with food allergies and Food Allergy Research & Education (FARE) steering committee member.

Though New York State and New York City currently have voluntary standards in place with respect to food allergies and the epipen, there are no compulsory standards in place and no way to monitor individual school districts’ compliance with or implementation of the voluntary recommendation.

“New York has the chance to play a leading role on the issue of teacher training for using the epinephrine auto injector in our nation’s schools. If we can get A.759-A/S. 4876 passed here in New York, the other states around the country will follow in our footsteps,” said John Terry, Founder of Allergy Advocacy Association.

This bill is supported by the following organizations and individuals:

1. Allergy Advocacy Association
2. Asthma and Allergy Foundation of America
3. Dr. Hugh A Sampson, MD, Kurt Hirschhorn Professor of Pediatrics, Dean for Translational Biomedical Sciences, Director, Jaffe Food Allergy Institute at Icahn School of Medicine at Mount Sinai
4. Dr. Scott H. Sichere, M.D., Professor of Pediatrics, Icahn School of Medicine at Mount Sinai
5. Food Allergy Research & Education (FARE)
6. Hon. David Levac, Speaker of the Legislative Assembly of Ontario
7. New York State Society of Allergy, Asthma and Immunology, Inc.
8. Sara Shannon, mother of Sabrina Shannon, who died 10 years ago at the age of 13 as a result of an anaphylactic reaction in school. Ontario’s “Sabrina’s law,” which requires, among other things, that every school staff person be trained to respond to an anaphylactic reaction, was named after Sabrina.