2023 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.