Bill Text: NY A09334 | 2013-2014 | General Assembly | Amended
Bill Title: Relates to health services in schools; also relates to pupils afflicted with allergies, diabetes, asthma or another respiratory disease.
Spectrum: Partisan Bill (Democrat 33-0)
Status: (Passed) 2014-10-30 - signed chap.423 [A09334 Detail]
Download: New_York-2013-A09334-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9334--B
I N A S S E M B L Y
April 11, 2014
___________
Introduced by M. of A. NOLAN, ORTIZ, BENEDETTO, ROSENTHAL, ABINANTI,
JACOBS, BRONSON, CLARK, COLTON, HOOPER, JAFFEE, MAGNARELLI, MARKEY,
MAYER, MILLER, MILLMAN, MORELLE, MOSLEY, MOYA, O'DONNELL, OTIS,
PEOPLES-STOKES, SIMANOWITZ, WEISENBERG, ZEBROWSKI -- Multi-Sponsored
by -- M. of A. ABBATE, ARROYO, BRENNAN, GLICK, SCHIMEL, WRIGHT --
read once and referred to the Committee on Education -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- reported and referred to the Committee on Codes
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the education law, in relation to health services in
schools
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 916 of the education law, as amended by chapter 524
2 of the laws of 2006, is amended to read as follows:
3 S 916. Pupils [afflicted] with asthma OR ANOTHER RESPIRATORY DISEASE
4 REQUIRING RESCUE INHALER TREATMENT. 1. The board of education or trus-
5 tees of each school district and board of cooperative educational
6 services shall allow pupils who have been diagnosed by a physician or
7 other duly authorized health care provider with [a severe] AN asthmatic
8 condition OR ANOTHER RESPIRATORY DISEASE to carry and use a prescribed
9 inhaler AND SELF-ADMINISTER INHALED RESCUE MEDICATIONS TO ALLEVIATE
10 RESPIRATORY SYMPTOMS OR TO PREVENT THE ONSET OF EXERCISE INDUCED ASTH-
11 MATIC SYMPTOMS during the school day ON SCHOOL PROPERTY AND AT ANY
12 SCHOOL FUNCTION AS SUCH TERMS ARE DEFINED, RESPECTIVELY, BY SUBDIVISIONS
13 ONE AND TWO OF SECTION ELEVEN OF THIS CHAPTER, with the written permis-
14 sion of a physician or other duly authorized health care provider, and
15 WRITTEN parental consent[, based on such physician's or provider's
16 determination that such pupil is subject to sudden asthmatic attacks
17 severe enough to debilitate such pupil]. THE WRITTEN PERMISSION SHALL
18 INCLUDE AN ATTESTATION BY THE PHYSICIAN OR THE HEALTH CARE PROVIDER
19 CONFIRMING THE FOLLOWING: (A) THE PUPIL IS DIAGNOSED WITH ASTHMA OR
20 ANOTHER RESPIRATORY DISEASE FOR WHICH INHALED RESCUE MEDICATIONS ARE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13990-07-4
A. 9334--B 2
1 PRESCRIBED TO ALLEVIATE RESPIRATORY SYMPTOMS OR TO PREVENT THE ONSET OF
2 EXERCISE INDUCED ASTHMATIC SYMPTOMS; AND (B) THAT THE PUPIL HAS DEMON-
3 STRATED THAT HE OR SHE CAN SELF-ADMINISTER THE PRESCRIBED INHALED RESCUE
4 MEDICATION EFFECTIVELY. THE WRITTEN PERMISSION SHALL ALSO INCLUDE THE
5 NAME OF THE PRESCRIBED INHALED RESCUE MEDICATION, THE DOSE, THE TIMES
6 WHEN THE MEDICATION IS TO BE TAKEN, THE CIRCUMSTANCES WHICH MAY WARRANT
7 THE USE OF THE MEDICATION AND THE LENGTH OF TIME FOR WHICH THE INHALER
8 IS PRESCRIBED. A record of such CONSENT AND permission shall be main-
9 tained in the [school office] STUDENT'S CUMULATIVE HEALTH RECORD. In
10 addition, upon the written request of a parent or person in parental
11 relation, the board of education or trustees of a school district and
12 board of cooperative educational services shall allow such pupils to
13 maintain an extra such inhaler in the care and custody of a [registered
14 professional] LICENSED nurse, NURSE PRACTITIONER, PHYSICIAN ASSISTANT,
15 OR PHYSICIAN employed by such district or board of cooperative educa-
16 tional services, AND SHALL BE READILY ACCESSIBLE TO SUCH PUPIL. Nothing
17 in this section shall require a school district or board of cooperative
18 educational services to retain a [school nurse solely for the purpose of
19 taking custody of a spare inhaler, or require that a school nurse be
20 available at all times in a school building for such purpose] LICENSED
21 NURSE, NURSE PRACTITIONER, PHYSICIAN ASSISTANT, OR PHYSICIAN SOLELY FOR
22 THE PURPOSE OF TAKING CUSTODY OF A SPARE INHALER FOR THE TREATMENT OF
23 ASTHMA OR A RESPIRATORY DISEASE REQUIRING RESCUE MEDICATION TREATMENT,
24 OR REQUIRE THAT A LICENSED NURSE, NURSE PRACTITIONER, PHYSICIAN ASSIST-
25 ANT, OR PHYSICIAN BE AVAILABLE AT ALL TIMES IN A SCHOOL BUILDING FOR THE
26 PURPOSE OF TAKING CUSTODY OF THE INHALER. IN ADDITION, THE MEDICATION
27 PROVIDED BY THE PUPIL'S PARENTS OR PERSONS IN PARENTAL RELATION SHALL BE
28 MADE AVAILABLE TO THE PUPIL AS NEEDED IN ACCORDANCE WITH THE SCHOOL
29 DISTRICT'S OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES' POLICY AND THE
30 ORDERS PRESCRIBED IN THE WRITTEN PERMISSION OF THE PHYSICIAN OR OTHER
31 AUTHORIZED HEALTH CARE PROVIDER.
32 2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR
33 THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS
34 A RESULT OF ANY HARM OR INJURY SUSTAINED BY A PUPIL OR OTHER PERSON
35 CAUSED BY REASONABLE AND GOOD FAITH COMPLIANCE WITH THIS SECTION.
36 S 2. The education law is amended by adding five new sections 916-a,
37 916-b, 902-a, 902-b and 921 to read as follows:
38 S 916-A. PUPILS WITH ALLERGIES. 1. THE BOARD OF EDUCATION OR TRUSTEES
39 OF EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES
40 SHALL ALLOW PUPILS WHO HAVE BEEN DIAGNOSED BY A PHYSICIAN OR OTHER DULY
41 AUTHORIZED HEALTH CARE PROVIDER WITH AN ALLERGY TO CARRY AND USE A
42 PRESCRIBED EPINEPHRINE AUTO INJECTOR FOR THE EMERGENCY TREATMENT OF
43 ALLERGIC REACTIONS DURING THE SCHOOL DAY ON SCHOOL PROPERTY AND AT ANY
44 SCHOOL FUNCTION AS SUCH TERMS ARE DEFINED, RESPECTIVELY, BY SUBDIVISIONS
45 ONE AND TWO OF SECTION ELEVEN OF THIS CHAPTER, WITH THE WRITTEN PERMIS-
46 SION OF A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH PROVIDER, AND WRIT-
47 TEN PARENTAL CONSENT. THE WRITTEN PERMISSION SHALL INCLUDE AN ATTESTA-
48 TION BY THE PHYSICIAN OR THE HEALTH CARE PROVIDER CONFIRMING THE
49 FOLLOWING: (A) THE PUPIL'S DIAGNOSIS OF AN ALLERGY FOR WHICH AN EPINEPH-
50 RINE AUTO INJECTOR IS NEEDED; AND (B) THAT THE PUPIL HAS DEMONSTRATED
51 THAT HE OR SHE CAN SELF-ADMINISTER THE PRESCRIBED EPINEPHRINE AUTO
52 INJECTOR EFFECTIVELY. THE WRITTEN PERMISSION SHALL ALSO INCLUDE THE
53 CIRCUMSTANCES WHICH MAY WARRANT THE USE OF THE EPINEPHRINE AUTO INJEC-
54 TOR. A RECORD OF SUCH CONSENT AND PERMISSION SHALL BE MAINTAINED IN THE
55 STUDENT'S CUMULATIVE HEALTH RECORD. IN ADDITION, UPON THE WRITTEN
56 REQUEST OF A PARENT OR PERSON IN PARENTAL RELATION, THE BOARD OF EDUCA-
A. 9334--B 3
1 TION OR TRUSTEES OF A SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCA-
2 TIONAL SERVICES SHALL ALLOW SUCH PUPILS TO MAINTAIN AN EXTRA EPINEPHRINE
3 AUTO INJECTOR FOR THE EMERGENCY TREATMENT OF ALLERGIES IN THE CARE AND
4 CUSTODY OF LICENSED NURSE, NURSE PRACTITIONER, PHYSICIAN ASSISTANT, OR
5 PHYSICIAN EMPLOYED BY SUCH DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL
6 SERVICES, AND SHALL BE READILY ACCESSIBLE TO SUCH PUPIL. NOTHING IN
7 THIS SECTION SHALL REQUIRE A SCHOOL DISTRICT OR BOARD OF COOPERATIVE
8 EDUCATIONAL SERVICES TO RETAIN A LICENSED NURSE, NURSE PRACTITIONER,
9 PHYSICIAN ASSISTANT, OR PHYSICIAN SOLELY FOR THE PURPOSE OF TAKING
10 CUSTODY OF A SPARE EPINEPHRINE AUTO INJECTOR FOR THE EMERGENCY TREATMENT
11 OF ALLERGIC REACTIONS, OR REQUIRE THAT A LICENSED NURSE, NURSE PRACTI-
12 TIONER, PHYSICIAN ASSISTANT, OR PHYSICIAN BE AVAILABLE AT ALL TIMES IN A
13 SCHOOL BUILDING FOR TAKING CUSTODY OF THE EPINEPHRINE AUTO INJECTOR. IN
14 ADDITION, THE EPINEPHRINE AUTO INJECTOR PROVIDED BY THE PUPIL'S PARENTS
15 OR PERSONS IN PARENTAL RELATION WILL BE MADE AVAILABLE TO THE PUPIL AS
16 NEEDED IN ACCORDANCE WITH THE SCHOOL DISTRICT'S OR BOARD OF COOPERATIVE
17 EDUCATIONAL SERVICES' POLICY AND THE ORDERS PRESCRIBED IN THE WRITTEN
18 PERMISSION OF THE PHYSICIAN OR OTHER AUTHORIZED HEALTH CARE PROVIDER.
19 2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR
20 THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS
21 A RESULT OF ANY HARM OR INJURY SUSTAINED BY A PUPIL OR OTHER PERSON
22 CAUSED BY REASONABLE AND GOOD FAITH COMPLIANCE WITH THIS SECTION.
23 S 916-B. PUPILS WITH DIABETES. 1. THE BOARD OF EDUCATION OR TRUSTEES
24 OF EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES
25 SHALL ALLOW PUPILS WHO HAVE BEEN DIAGNOSED WITH DIABETES TO CARRY GLUCA-
26 GON AND CARRY AND USE INSULIN THROUGH APPROPRIATE MEDICATION DELIVERY
27 DEVICES AND EQUIPMENT AND/OR TO CARRY AND USE EQUIPMENT AND SUPPLIES
28 NECESSARY TO CHECK BLOOD GLUCOSE LEVELS AND KETONE LEVELS, AS PRESCRIBED
29 BY A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTHCARE PROVIDER, DURING THE
30 SCHOOL DAY ON SCHOOL PROPERTY AND AT ANY SCHOOL FUNCTION AS SUCH TERMS
31 ARE DEFINED, RESPECTIVELY, BY SUBDIVISIONS ONE AND TWO OF SECTION ELEVEN
32 OF THIS CHAPTER, WITH PARENTAL CONSENT AND THE WRITTEN PERMISSION OF A
33 PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER. THE WRITTEN
34 PERMISSION SHALL INCLUDE AN ATTESTATION BY THE PHYSICIAN OR THE HEALTH
35 CARE PROVIDER CONFIRMING THE FOLLOWING: (A) THE PUPIL'S DIAGNOSIS OF
36 DIABETES MAKES THE DELIVERY OF INSULIN AND GLUCAGON THROUGH APPROPRIATE
37 MEDICATION DELIVERY DEVICES DURING THE SCHOOL DAY ON SCHOOL PROPERTY OR
38 AT ANY SCHOOL FUNCTION NECESSARY AND/OR MAKES THE USE OF EQUIPMENT AND
39 SUPPLIES TO CHECK BLOOD GLUCOSE LEVELS AND KETONE LEVELS NECESSARY; AND
40 (B) THAT THE PUPIL HAS DEMONSTRATED THAT HE OR SHE CAN SELF-ADMINISTER
41 THE PRESCRIBED INSULIN EFFECTIVELY AND CAN SELF CHECK GLUCOSE OR KETONE
42 LEVELS AND CAN INDEPENDENTLY FOLLOW THE TREATMENT ORDERS PRESCRIBED BY
43 THE PHYSICIAN OR OTHER AUTHORIZED HEALTH CARE PROVIDER IN THE WRITTEN
44 PERMISSION. THE WRITTEN PERMISSION SHALL IDENTIFY PRESCRIBED BLOOD
45 GLUCOSE TESTS, KETONE TESTS, INSULIN AND GLUCAGON TO BE USED BY THE
46 PUPIL AT SCHOOL AND/OR DURING SCHOOL FUNCTIONS. IF INSULIN OR GLUCAGON
47 IS PRESCRIBED, THE WRITTEN PERMISSION SHALL INCLUDE THE NAME OF THE TYPE
48 OF INSULIN, THE DOSE OR DOSE RANGE, THE TIMES WHEN THE MEDICATION IS TO
49 BE TAKEN, THE TYPE OF INSULIN DELIVERY SYSTEM AND ANY OTHER INFORMATION
50 PRESCRIBED BY THE COMMISSIONER IN REGULATION, AFTER CONSULTATION WITH
51 THE COMMISSIONER OF HEALTH. A RECORD OF SUCH CONSENT AND PERMISSION
52 SHALL BE MAINTAINED IN THE STUDENT'S CUMULATIVE HEALTH RECORD. IN ADDI-
53 TION, UPON THE WRITTEN REQUEST OF A PARENT OR PERSON IN PARENTAL
54 RELATION, THE BOARD OF EDUCATION OR TRUSTEES OF A SCHOOL DISTRICT AND
55 BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL ALLOW SUCH PUPILS TO
56 MAINTAIN EXTRA INSULIN AND AN INSULIN DELIVERY SYSTEM, GLUCAGON, BLOOD
A. 9334--B 4
1 GLUCOSE METERS AND RELATED SUPPLIES USED TO TREAT SUCH PUPIL'S DIABETES
2 IN THE CARE AND CUSTODY OF A LICENSED NURSE, NURSE PRACTITIONER, PHYSI-
3 CIAN ASSISTANT, OR PHYSICIAN EMPLOYED BY SUCH DISTRICT OR BOARD OF COOP-
4 ERATIVE EDUCATIONAL SERVICES, AND SHALL BE READILY ACCESSIBLE TO SUCH
5 PUPIL. NOTHING IN THIS SECTION SHALL REQUIRE A SCHOOL DISTRICT OR BOARD
6 OF COOPERATIVE EDUCATIONAL SERVICES TO RETAIN A LICENSED NURSE, NURSE
7 PRACTITIONER, PHYSICIAN ASSISTANT, OR PHYSICIAN SOLELY FOR THE PURPOSE
8 OF TAKING CUSTODY OF EXTRA INSULIN AND AN INSULIN DELIVERY SYSTEM,
9 GLUCAGON, BLOOD GLUCOSE METERS AND RELATED SUPPLIES USED TO TREAT SUCH
10 PUPIL'S DIABETES, OR REQUIRE THAT A LICENSED NURSE, NURSE PRACTITIONER,
11 PHYSICIAN ASSISTANT, OR PHYSICIAN BE AVAILABLE AT ALL TIMES IN A SCHOOL
12 BUILDING FOR THE PURPOSE OF TAKING CUSTODY OF EXTRA INSULIN AND AN INSU-
13 LIN DELIVERY SYSTEM, GLUCAGON, BLOOD GLUCOSE METERS AND RELATED
14 SUPPLIES. IN ADDITION, THE MEDICATION AND DEVICES, EQUIPMENT AND
15 SUPPLIES PROVIDED BY THE PUPIL'S PARENTS OR PERSONS IN PARENTAL RELATION
16 SHALL BE MADE AVAILABLE TO THE PUPIL AS NEEDED IN ACCORDANCE WITH THE
17 SCHOOL DISTRICT'S OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES' POLICY
18 AND THE ORDERS PRESCRIBED IN THE WRITTEN PERMISSION OF THE PHYSICIAN OR
19 OTHER AUTHORIZED HEALTH CARE PROVIDER. PUPILS WITH DIABETES MAY ALSO
20 CARRY ANY FOOD NECESSARY TO TREAT HYPOGLYCEMIA PURSUANT TO THE SCHOOL
21 DISTRICT POLICY, PROVIDED, HOWEVER, SUCH SCHOOL DISTRICT POLICY SHALL
22 NOT UNREASONABLY INTERFERE WITH A PUPIL'S ABILITY TO TREAT HYPOGLYCEMIA.
23 2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR
24 THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS
25 A RESULT OF ANY HARM OR INJURY SUSTAINED BY A PUPIL OR OTHER PERSON
26 CAUSED BY REASONABLE AND GOOD FAITH COMPLIANCE WITH THIS SECTION.
27 S 902-A. TREATMENT OF STUDENTS DIAGNOSED WITH DIABETES BY SCHOOL
28 PERSONNEL. 1. LICENSED NURSES, NURSE PRACTITIONERS, PHYSICIAN ASSIST-
29 ANTS, OR PHYSICIANS EMPLOYED BY SCHOOL DISTRICTS OR BOARDS OF COOPER-
30 ATIVE EDUCATIONAL SERVICES ARE AUTHORIZED TO CALCULATE PRESCRIBED INSU-
31 LIN DOSAGES, ADMINISTER PRESCRIBED INSULIN, PROGRAM THE PRESCRIBED
32 INSULIN PUMP, REFILL THE RESERVOIR IN THE INSULIN PUMP, CHANGE THE
33 INFUSION SITE, INJECT PRESCRIBED GLUCAGON, TEACH AN UNLICENSED PERSON TO
34 ADMINISTER GLUCAGON TO AN INDIVIDUAL, AND PERFORM OTHER AUTHORIZED
35 SERVICES PURSUANT TO THE SCOPE OF PRACTICE OF THE LICENSED INDIVIDUAL
36 UNDER TITLE VIII OF THIS CHAPTER, TO PUPILS WHO HAVE RECEIVED WRITTEN
37 PERMISSION BY A PHYSICIAN OR OTHER LICENSED HEALTH CARE PROVIDER, AND
38 WRITTEN PARENTAL CONSENT TO CARRY AND USE INSULIN AND GLUCAGON PURSUANT
39 TO SECTION NINE HUNDRED SIXTEEN-B OF THIS ARTICLE, DURING THE SCHOOL DAY
40 ON SCHOOL PROPERTY AND AT ANY SCHOOL FUNCTION AS SUCH TERMS ARE DEFINED,
41 RESPECTIVELY, BY SUBDIVISIONS ONE AND TWO OF SECTION ELEVEN OF THIS
42 CHAPTER. NOTHING IN THIS SECTION SHALL AUTHORIZE UNLICENSED PERSONS TO
43 PERFORM THESE SERVICES EXCEPT AS OTHERWISE PERMITTED BY SECTION NINE
44 HUNDRED TWENTY-ONE OF THIS ARTICLE.
45 2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR
46 THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS
47 A RESULT OF ANY HARM OR INJURY SUSTAINED BY A PUPIL OR OTHER PERSON
48 CAUSED BY REASONABLE AND GOOD FAITH COMPLIANCE WITH THIS SECTION.
49 S 902-B. TREATMENT BY LICENSED SCHOOL PERSONNEL OF STUDENTS DIAGNOSED
50 WITH ALLERGIES. 1. LICENSED NURSES, NURSE PRACTITIONERS, PHYSICIAN
51 ASSISTANTS, OR PHYSICIANS EMPLOYED BY SCHOOLS ARE AUTHORIZED TO ADMINIS-
52 TER PRESCRIBED EPINEPHRINE PURSUANT TO THE SCOPE OF PRACTICE OF THE
53 LICENSED INDIVIDUAL UNDER TITLE VIII OF THIS CHAPTER, TO PUPILS DIAG-
54 NOSED BY A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER WITH
55 AN ALLERGY WHO HAVE THE WRITTEN PERMISSION OF A PHYSICIAN OR OTHER DULY
56 AUTHORIZED HEALTH CARE PROVIDER FOR THE ADMINISTRATION OF EMERGENCY
A. 9334--B 5
1 EPINEPHRINE AND WRITTEN PARENTAL CONSENT TO CARRY AND USE AN EPINEPHRINE
2 AUTO INJECTOR PURSUANT TO SECTION NINE HUNDRED SIXTEEN-A OF THIS ARTI-
3 CLE, DURING THE SCHOOL DAY ON SCHOOL PROPERTY AND AT ANY SCHOOL FUNCTION
4 AS SUCH TERMS ARE DEFINED, RESPECTIVELY, BY SUBDIVISIONS ONE AND TWO OF
5 SECTION ELEVEN OF THIS CHAPTER.
6 2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR
7 THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS
8 A RESULT OF ANY HARM OR INJURY SUSTAINED BY A PUPIL OR OTHER PERSON
9 CAUSED BY REASONABLE AND GOOD FAITH COMPLIANCE WITH THIS SECTION.
10 S 921. TRAINING OF UNLICENSED SCHOOL PERSONNEL TO ADMINISTER CERTAIN
11 MEDICATIONS. 1. THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL
12 DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND NONPUBLIC
13 SCHOOLS ARE AUTHORIZED, BUT NOT OBLIGATED TO HAVE LICENSED REGISTERED
14 PROFESSIONAL NURSES, NURSE PRACTITIONERS, PHYSICIAN ASSISTANTS, AND
15 PHYSICIANS TRAIN UNLICENSED SCHOOL PERSONNEL TO INJECT PRESCRIBED GLUCA-
16 GON OR EPINEPHRINE AUTO INJECTORS IN EMERGENCY SITUATIONS, WHERE AN
17 APPROPRIATELY LICENSED HEALTH PROFESSIONAL IS NOT AVAILABLE, TO PUPILS
18 WHO HAVE THE WRITTEN PERMISSION OF A PHYSICIAN OR OTHER DULY AUTHORIZED
19 HEALTH CARE PROVIDER FOR THE ADMINISTRATION OF INJECTABLE GLUCAGON OR
20 EMERGENCY EPINEPHRINE AUTO INJECTOR, ALONG WITH WRITTEN PARENTAL
21 CONSENT, DURING THE SCHOOL DAY ON SCHOOL PROPERTY AND AT ANY SCHOOL
22 FUNCTION AS SUCH TERMS ARE DEFINED, RESPECTIVELY, BY SUBDIVISIONS ONE
23 AND TWO OF SECTION ELEVEN OF THIS CHAPTER. TRAINING MUST BE PROVIDED BY
24 A PHYSICIAN OR OTHER DULY AUTHORIZED LICENSED HEALTH CARE PROFESSIONAL
25 IN A COMPETENT MANNER AND MUST BE COMPLETED IN A FORM AND MANNER
26 PRESCRIBED BY THE COMMISSIONER IN REGULATION.
27 2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES,
28 NONPUBLIC SCHOOLS AND/OR THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL
29 OR FINANCIAL LIABILITY AS A RESULT OF ANY HARM OR INJURY SUSTAINED BY A
30 PUPIL OR OTHER PERSON CAUSED BY REASONABLE AND GOOD FAITH COMPLIANCE
31 WITH THIS SECTION.
32 S 3. This act shall take effect the first of July next succeeding the
33 date on which it shall have become a law. Provided, that effective
34 immediately, the addition, amendment and/or repeal of any rule or regu-
35 lation necessary for the timely implementation of this act on its effec-
36 tive date are authorized and directed to be made and completed on or
37 before such effective date.
