NY Educ L § 916-A (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions 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.