Allergy and Anaphylaxis Management (including Epinephrine)

See also: Education Laws (Article 19)

916 a-Pupils with Allergies, 921 On-site epinephrine auto-injectors and 921-a -Training of unlicensed school personnel to administer certain medications.

NYSED Commissioners Regulations

Commissioner's Regulations CR 136.6-Authorized Use of Epinephrine Auto-Injector

Commissioner's Regulations CR 136.7-Self-administration of Certain Medications by Students

NYSED Guidelines

NYSED Guidelines for Medication Administration in Schools- Provides a framework for developing policies and procedures for medication administration in public and non-public schools as defined in state law and regulation. (Revised May 2017) 

Non-Patient Specific Standing Order and Protocol Guidelines Practice Alerts from the NYS Office of Professions -Describes requirements for non-patient specific orders, anaphylaxis and EAI recording and reporting protocol. (Updated 6/2009)

NYSED Memos

Provisions of Law Concerning the Administration of Immunizations & Anaphylactic Agents by RNs Utilizing Non-Patient Specific Orders & Protocols Memo- Provides specific requirements on documentation, retention, reporting of incident to EMS and the persons health care provider.(2/27/2001)

Clarification about Administering Immunizations and Anaphylactic Agents by RNs using Non-Patient Specific Orders & Protocols Memo- Provides information on the ability of an LPN to administer epinephrine in an emergency situation.(10/3/2001)

Use of Epinephrine Auto-Injector Devices in the School Setting (June 2002)

Information for Schools Regarding New Law for Emergency Epinephrine Use (2/26/15): Note this has been updated as of and a collaborative agreement is no longer required. Please read this update regarding the changes as of March 2017 below,

NYSED Update on Commissioner’s Regulations 136 on Health Services Related to EAI Administration in Schools (3/21/17)

NYS Public Health Laws

Public Health Law 3000a-Good Samaritan Law-Protects those who voluntarily provide emergency care from liability in doing so.

Public Health Law 3000c Epinephrine Auto-injectors-Allows schools to purchase, acquire, possess and train staff in the use of epinephrine auto-injector devices for emergency treatment of a those appearing to experience anaphylactic symptoms.

Allergy and Anaphylaxis Management Act of 2007 PBH 2500 H*2.
Requires the commissioner of health, in consultation with the commissioner of education, to establish an anaphylactic policy for school districts which provides guidelines and procedures which includes a procedure and treatment plan, including responsibilities for school nurses and other appropriate school personnel, for preventing and responding to anaphylaxis.  Enacted 6/30/2008.
* §   2500-h.   Anaphylactic policy for school districts. 

  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 healthcare 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.

  1. On or before June thirtieth, two thousand eight, an anaphylactic policy shall be jointly forwarded by the commissioner and the commissioner of education to each local school board of education, charter school, and board of cooperative educational services in the state. Each such board and charter school shall consider and take action in response to such anaphylactic policy.

         * NB There are 2 § 2500-h's

NYSDOH|NYSED|NYSCSH Manual with Sample Resources and Policy

Caring for Students with Life-Threatening Allergies Manual was developed by NYSDOH, NYSED, and the NYSCSHC. It contains guidance for developing district anaphylaxis policies and other resource tools such education for school staff, care plans, 504 plans, IEP's, IHP's field trips and classroom and environmental planning. (2008) 

Note: This manual was published in 2008, and will be revised at a later date. This document predates laws regarding the administration of epinephrine auto-injectors.  Please see the Guidelines for Medication Management in Schools for the most up to date information on administering this medication.

1/24/18