Bill Text: NY S03129 | 2023-2024 | General Assembly | Introduced

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Bill Title: Allows for unlicensed personnel to administer certain seizure rescue medication in schools, on school grounds and at school events; provides that such medicine may be left with a school health official to be used as needed.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-01-03 - REFERRED TO EDUCATION [S03129 Detail]

Download: New_York-2023-S03129-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3129

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 27, 2023
                                       ___________

        Introduced  by Sens. MANNION, ADDABBO, HELMING -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Educa-
          tion

        AN  ACT  to  amend  the education law, in relation to allowing for unli-
          censed personnel to administer seizure rescue medication

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

     1    Section  1.  Subdivision  1  of  section  921 of the education law, as
     2  amended by chapter 339 of the laws  of  2021,  is  amended  to  read  as
     3  follows:
     4    1.  The  board  of  education  or trustees of each school district and
     5  board of cooperative educational  services  and  nonpublic  schools  are
     6  authorized,  but  not obligated to have licensed registered professional
     7  nurses, nurse practitioners, physician assistants, and physicians  train
     8  unlicensed   school  personnel  to  administer  prescribed  glucagon  or
     9  epinephrine auto injectors, or administer diazepam  or  midazolam  nasal
    10  spray  in  emergency  situations, where an appropriately licensed health
    11  professional is not available, to pupils who have the written permission
    12  of a physician or other duly authorized health  care  provider  for  the
    13  administration of glucagon [or], emergency epinephrine auto injector, or
    14  diazepam  or midazolam nasal spray, along with written parental consent,
    15  during the school day on school property and at any school  function  as
    16  such  terms  are  defined,  respectively, by subdivisions one and two of
    17  section eleven of this chapter. Training must be provided by a physician
    18  or other duly authorized licensed health care professional in  a  compe-
    19  tent manner and must be completed in a form and manner prescribed by the
    20  commissioner in regulation.
    21    § 2. The education law is amended by adding two new sections 902-c and
    22  916-c to read as follows:
    23    §  902-c.  Treatment  of  students  diagnosed  with epilepsy by school
    24  personnel. 1.   Licensed nurses, nurse practitioners, physician  assist-
    25  ants,  or  physicians employed by  school districts or boards of cooper-
    26  ative educational services shall be authorized to administer  prescribed
    27  diazepam  or  midazolam  nasal  spray,  to teach an unlicensed person to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04894-01-3
        S. 3129                             2

     1  administer a diazepam or midazolam nasal spray to an individual, and  to
     2  perform  other  authorized services pursuant to the scope of practice of
     3  the licensed individual under title eight of this chapter, to pupils who
     4  have received written permission by a physician or other licensed health
     5  care  provider  and written parental consent to carry and use a diazepam
     6  or midazolam nasal spray pursuant to section nine hundred  sixteen-c  of
     7  this  article during the school day on school property and at any school
     8  function. Nothing in this section shall authorize unlicensed persons  to
     9  perform  these  services  except  as otherwise permitted by section nine
    10  hundred twenty-one of this article.
    11    2. A school district, board of cooperative educational services and/or
    12  their agents or employees shall incur no legal or financial liability as
    13  a result of any harm or injury sustained by  a  pupil  or  other  person
    14  caused by reasonable and good faith compliance with this section.
    15    §  916-c.  Pupils with epilepsy. 1. The board of education or trustees
    16  of each school district and board of  cooperative  educational  services
    17  shall  allow pupils who have been diagnosed by a physician or other duly
    18  authorized health care provider with  epilepsy  to    carry  and  use  a
    19  prescribed  nasal  spray  for the emergency treatment of seizures during
    20  the school day on school property and at any school  function  with  the
    21  written  permission  of a physician or other duly authorized health care
    22  provider, and written parental consent.  The  written  permission  shall
    23  include  an  attestation  by  such  physician  or  health  care provider
    24  confirming: (a) the pupil's diagnosis of epilepsy for which  a  diazepam
    25  or  midazolam  nasal  spray is needed; and (b) that the pupil has demon-
    26  strated that he or she can self-administer the  prescribed  diazepam  or
    27  midazolam  nasal  spray  effectively. Such written permission shall also
    28  include the circumstances which may warrant the use  of  a  diazepam  or
    29  midazolam  nasal spray. A record of such consent and permission shall be
    30  maintained in the student's cumulative health record. In addition,  upon
    31  the  written  request  of  a  parent or person in parental relation, the
    32  board of education or trustees of a school district and  board of  coop-
    33  erative  educational  services  shall  allow  such pupils to maintain an
    34  extra diazepam or midazolam nasal spray for the emergency  treatment  of
    35  seizures  in the care and custody of a licensed nurse, nurse practition-
    36  er, physician assistant, or physician employed by such district or board
    37  of cooperative educational services, and shall be readily accessible  to
    38  such  pupil.  Nothing in this section shall require a school district or
    39  board of cooperative  educational services to retain a  licensed  nurse,
    40  nurse  practitioner,  physician  assistant,  or physician solely for the
    41  purpose of taking custody of a spare diazepam or midazolam  nasal  spray
    42  for  the  emergency  treatment  of  seizures, or require that a licensed
    43  nurse, nurse practitioner, physician assistant, or physician  be  avail-
    44  able at all times in a school building for taking custody of the diazep-
    45  am  or  midazolam  nasal  spray.  In addition, the diazepam or midazolam
    46  nasal spray provided by the  pupil's  parents  or  persons  in  parental
    47  relation  will  be  made  available to the pupil as needed in accordance
    48  with the school district's or board of cooperative educational services'
    49  policy and the orders prescribed in the written permission of the physi-
    50  cian or other authorized health care provider.
    51    2. A school district, board of cooperative educational services and/or
    52  their agents or employees shall incur no legal or financial liability as
    53  a result of any harm or injury sustained by  a  pupil  or  other  person
    54  caused by reasonable and good faith compliance with this section.
    55    § 3. This act shall take effect immediately.