Pursuant to Education Law §921-a, both public and non-public schools may choose to provide and maintain epinephrine auto-injectors on-site and permit volunteer school personnel to be trained to administer epinephrine via auto-injector on-site to a student or staff member in an instructional facility per Commissioner's regulation §136.6 who appears to be in anaphylaxis, regardless of history of severe allergic reaction.

The amendment requires schools that choose to carry stock epinephrine auto-injectors on site and trained unlicensed personnel to provide all teachers with written informational material created and approved by the Commissioner of Health on using epinephrine auto-injectors.

The NYSDOH materials are not available yet. In the interim, schools are encouraged to use each epinephrine manufacturer's website to access the required information on the use and type of stock epinephrine auto-injector they have on site. 

The Food Allergy Research & Education (FARE) webpage lists the current epinephrine devices, product information, and product use.

NYS Education Law 

Medical and Health Services - 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

NYS Public Health Laws

Public Health Law 2500 H*2 Anaphylactic Policy for School Districts and Child Care Providers 
Requires the commissioner of health, in consultation with the commissioner of education, to establish an anaphylactic policy for school districts that 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.

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 those appearing to experience anaphylactic symptoms.

See Also:

• Guidelines & Memos - Allergy | Anaphylaxis Management | Epinephrine
• Allergy | Anaphylaxis Resource Page
• Medication Resource Page

Page Updated 8/8/24