Bill Text: NY A03868 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires the commissioner of education, in consultation with the commissioner of health, to develop a bleeding control kit program which requires bleeding control kits to be installed in easily accessible areas of schools; requires training of personnel to use bleeding control kits in the event of an injury to another person.

Spectrum: Moderate Partisan Bill (Republican 8-1)

Status: (Introduced) 2024-05-08 - print number 3868a [A03868 Detail]

Download: New_York-2023-A03868-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         3868--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 8, 2023
                                       ___________

        Introduced  by  M. of A. McDONOUGH, BENDETT, E. BROWN, DeSTEFANO, TAGUE,
          LEMONDES, GIBBS -- Multi-Sponsored by -- M. of A. FLOOD, MORINELLO  --
          read once and referred to the Committee on Education -- recommitted to
          the  Committee on Education in accordance with Assembly Rule 3, sec. 2
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee

        AN ACT to amend the education law, in relation to requiring the develop-
          ment  of a bleeding control kit program and the installation of bleed-
          ing control kits in schools

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 305 of the education law is amended by adding a new
     2  subdivision 62 to read as follows:
     3    62. a. The commissioner shall consult and collaborate with the commis-
     4  sioner of health to establish and develop a bleeding control kit program
     5  within the department that:
     6    (i) ensures that bleeding control kits are stored in easily accessible
     7  areas of the school;
     8    (ii)  includes the use of bleeding control kits in the emergency oper-
     9  ations plan or any other security planning measure or  protocol  adopted
    10  by the school district, board of cooperative educational services, char-
    11  ter school or nonpublic school; and
    12    (iii)  requires all district or school personnel who may be reasonably
    13  expected to use a bleeding control kit in the  event  of  an  injury  to
    14  another person to receive training approved by the department.
    15    b.  A bleeding control kit required pursuant to this subdivision shall
    16  be a first aid response kit that includes at least:
    17    (i) one tourniquet;
    18    (ii) two compressed gauze dressings;
    19    (iii) one trauma dressing;
    20    (iv) nitrile gloves;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07919-03-4
        A. 3868--A                          2

     1    (v) scissors; and
     2    (vi)  instructional  documents adopted by the agency detailing methods
     3  to prevent blood loss following a traumatic event.
     4    c. In addition to the items required to  be  included  in  a  bleeding
     5  control  kit  pursuant  to  paragraph  b of this subdivision, a bleeding
     6  control kit may also include any medical material or equipment that:
     7    (i) may be readily stored in a bleeding control kit;
     8    (ii) may be used to adequately treat  an  injury  involving  traumatic
     9  blood loss; and
    10    (iii)  is  approved  by  local  law  enforcement  or emergency medical
    11  services personnel.
    12    d. Each school district, board of  cooperative  educational  services,
    13  charter school or nonpublic school shall conduct an annual inspection of
    14  the  medical  material  and  equipment  in each bleeding control kit and
    15  replace any expired material or equipment as necessary.
    16    e. Each school district, board of  cooperative  educational  services,
    17  charter  school  or nonpublic school shall restock each bleeding control
    18  kit as soon as practicable after the use of such kit to ensure that  the
    19  kit contains all required material and equipment.
    20    f.  The  department may approve an online course of instruction by the
    21  American College of Surgeons or a similar organization  to  satisfy  the
    22  training  required pursuant to subparagraph (iii) of paragraph a of this
    23  subdivision.
    24    g. A school district, board of cooperative educational services, char-
    25  ter school or nonpublic school shall be immune from civil liability from
    26  damages or injuries resulting from the good  faith  use  of  a  bleeding
    27  control kit by an employee of such school district, board of cooperative
    28  educational  services, charter school or nonpublic school to control the
    29  bleeding of an injured person provided that the  employee  received  the
    30  training  required pursuant to subparagraph (iii) of paragraph a of this
    31  subdivision and the employee did not act with gross  negligence  in  the
    32  use of the bleeding control kit.
    33    § 2. This act shall take effect immediately.