Bill Text: NY A04216 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes the "Dominic Murray sudden cardiac arrest prevention act"; requires certain coaches to receive first aid instruction in recognizing signs or symptoms of sudden cardiac arrest.

Spectrum: Moderate Partisan Bill (Democrat 10-3)

Status: (Introduced - Dead) 2016-06-06 - reported referred to rules [A04216 Detail]

Download: New_York-2015-A04216-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4216
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2015
                                      ___________
       Introduced  by  M.  of  A.  DenDEKKER,  JAFFEE,  OTIS, ROSENTHAL, PERRY,
         COLTON, HOOPER, COOK -- Multi-Sponsored by -- M. of A. ARROYO, CAMARA,
         LUPINACCI, McKEVITT,  RAIA,  RIVERA,  SCARBOROUGH  --  read  once  and
         referred to the Committee on Education
       AN ACT to amend the education law and the public health law, in relation
         to  directing  the  commissioners of education and health to establish
         rules and regulations for the treatment and monitoring of students  of
         school  districts,  boards  of  cooperative  educational  services and
         nonpublic schools who exhibit signs  or  symptoms  of  sudden  cardiac
         arrest
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "Dominic Murray sudden cardiac arrest prevention act".
    3    S  2.  Section  305  of  the  education law is amended by adding a new
    4  subdivision 53 to read as follows:
    5    53. A. THE COMMISSIONER,  IN  CONJUNCTION  WITH  THE  COMMISSIONER  OF
    6  HEALTH,  SHALL  PROMULGATE AND REVIEW AS NECESSARY RULES AND REGULATIONS
    7  RELATING TO PUPILS WHO EXHIBIT  SIGNS  OR  SYMPTOMS  OF  SUDDEN  CARDIAC
    8  ARREST  WHILE  RECEIVING INSTRUCTION OR ENGAGING IN ANY SCHOOL SPONSORED
    9  OR RELATED ACTIVITY. IN  DEVELOPING  SUCH  RULES  AND  REGULATIONS,  THE
   10  COMMISSIONER  SHALL CONSIDER COMMENTS FROM STAKEHOLDERS AND OTHER INTER-
   11  ESTED PARTIES INCLUDING BUT NOT LIMITED TO PARENTS, TEACHERS,  STUDENTS,
   12  SCHOOL  ADMINISTRATORS, SCHOOL ATHLETIC TRAINERS, SPORT COACHES, MEDICAL
   13  AND HEALTH PROFESSIONALS, THE PUBLIC SCHOOLS ATHLETIC LEAGUE (PSAL), THE
   14  NEW YORK STATE PUBLIC HIGH SCHOOL ATHLETIC ASSOCIATION  (NYSPHSAA),  AND
   15  OTHER  ATHLETIC ASSOCIATIONS. SUCH REGULATIONS SHALL INCLUDE, BUT NOT BE
   16  LIMITED TO:
   17    (I) REQUIRING A COURSE OF INSTRUCTION RELATING TO  RECOGNIZING  PUPILS
   18  WHO EXHIBIT SIGNS OR SYMPTOMS OF SUDDEN CARDIAC ARREST AND SEEKING PROP-
   19  ER  MEDICAL  TREATMENT FOR SUCH PUPILS. SUCH COURSE OF INSTRUCTION SHALL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08005-01-5
       A. 4216                             2
    1  BE REQUIRED TO BE COMPLETED ON A BIENNIAL BASIS BY ALL  SCHOOL  COACHES,
    2  PHYSICAL EDUCATION TEACHERS, NURSES AND ATHLETIC TRAINERS. THE COURSE OF
    3  INSTRUCTION  REQUIRED  BY  THIS  SUBPARAGRAPH  SHALL INCLUDE, BUT NOT BE
    4  LIMITED TO, THE DEFINITION OF A "SUDDEN CARDIAC ARREST," SIGNS AND SYMP-
    5  TOMS  OF  SUDDEN  CARDIAC  ARREST,  AND THE GUIDELINES FOR THE RETURN TO
    6  SCHOOL AND TO CERTAIN SCHOOL ACTIVITIES  AFTER  A  PUPIL  HAS  EXHIBITED
    7  SIGNS  OR  SYMPTOMS  OF SUDDEN CARDIAC ARREST REGARDLESS OF WHETHER SUCH
    8  SUDDEN CARDIAC ARREST OCCURRED OUTSIDE OF SCHOOL. SUCH TRAINING  MAY  BE
    9  COMPLETED  BY MEANS OF COURSES OF INSTRUCTION, INCLUDING BUT NOT LIMITED
   10  TO, COURSES PROVIDED  ONLINE  AND  BY  TELECONFERENCE  APPROVED  BY  THE
   11  DEPARTMENT;
   12    (II)  PROVIDING THAT THE DEPARTMENT AND THE DEPARTMENT OF HEALTH SHALL
   13  POST ON THEIR INTERNET WEBSITES INFORMATION RELATING TO  SUDDEN  CARDIAC
   14  ARREST,  WHICH  SHALL INCLUDE BUT NOT BE LIMITED TO, THE DEFINITION OF A
   15  "SUDDEN CARDIAC ARREST," SIGNS AND SYMPTOMS OF  SUDDEN  CARDIAC  ARREST,
   16  AND THE GUIDELINES FOR THE RETURN TO SCHOOL AND TO CERTAIN SCHOOL ACTIV-
   17  ITIES  AFTER  A  PUPIL HAS EXHIBITED SIGNS OR SYMPTOMS OF SUDDEN CARDIAC
   18  ARREST REGARDLESS OF WHETHER SUCH SUDDEN CARDIAC ARREST OCCURRED OUTSIDE
   19  OF SCHOOL. SCHOOLS SHALL BE REQUIRED TO INCLUDE SUCH INFORMATION IN  ANY
   20  PERMISSION FORM OR PARENT OR PERSON IN PARENTAL RELATION CONSENT FORM OR
   21  SIMILAR  DOCUMENT  THAT  MAY  BE REQUIRED FOR A PUPIL'S PARTICIPATION IN
   22  INTERSCHOLASTIC SPORTS AND  SHALL  ALSO  INCLUDE  SUCH  INFORMATION,  OR
   23  REFERENCE  HOW  TO  OBTAIN  SUCH INFORMATION FROM THE DEPARTMENT AND THE
   24  DEPARTMENT  OF  HEALTH  INTERNET  WEBSITES,  ON  THE  SCHOOL'S  INTERNET
   25  WEBSITE, IF ONE EXISTS;
   26    (III)  REQUIRING THE IMMEDIATE REMOVAL FROM ATHLETIC ACTIVITIES OF ANY
   27  PUPIL BELIEVED TO EXHIBIT SIGNS OR SYMPTOMS OF SUDDEN CARDIAC ARREST. IN
   28  THE EVENT THAT THERE IS ANY DOUBT AS TO WHETHER A  PUPIL  HAS  EXHIBITED
   29  SIGNS OR SYMPTOMS OF SUDDEN CARDIAC ARREST, IT SHALL BE PRESUMED THAT HE
   30  OR  SHE  HAS EXHIBITED SUCH SIGNS OR SYMPTOMS UNTIL PROVEN OTHERWISE. NO
   31  SUCH PUPIL SHALL RESUME ATHLETIC ACTIVITY UNTIL HE  OR  SHE  SHALL  HAVE
   32  BEEN  EVALUATED  BY AND RECEIVED WRITTEN AND SIGNED AUTHORIZATION FROM A
   33  LICENSED PHYSICIAN. SUCH AUTHORIZATION SHALL BE  KEPT  ON  FILE  IN  THE
   34  PUPIL'S PERMANENT HEALTH RECORD. FURTHERMORE, SUCH RULES AND REGULATIONS
   35  SHALL  PROVIDE  GUIDELINES  FOR  LIMITATIONS  AND RESTRICTIONS ON SCHOOL
   36  ATTENDANCE AND ACTIVITIES FOR PUPILS WHO HAVE EXHIBITED SIGNS  OR  SYMP-
   37  TOMS  OF  SUDDEN  CARDIAC  ARREST, CONSISTENT WITH THE DIRECTIVES OF THE
   38  PUPIL'S TREATING PHYSICIAN;
   39    (IV) AUTHORIZING EACH SCHOOL OR SCHOOL DISTRICT, IN ITS DISCRETION, TO
   40  ESTABLISH A SUDDEN CARDIAC ARREST MANAGEMENT TEAM WHICH MAY BE  COMPOSED
   41  OF THE ATHLETIC DIRECTOR (IF ANY), A SCHOOL NURSE, THE SCHOOL PHYSICIAN,
   42  A  COACH  OF THE INTERSCHOLASTIC TEAM, AN ATHLETIC TRAINER OR SUCH OTHER
   43  APPROPRIATE PERSONNEL AS DESIGNATED BY THE SCHOOL  OR  SCHOOL  DISTRICT.
   44  THE  SUDDEN CARDIAC ARREST MANAGEMENT TEAM SHALL OVERSEE THE IMPLEMENTA-
   45  TION OF THE RULES AND REGULATIONS PROMULGATED PURSUANT TO THIS  SUBDIVI-
   46  SION AS IT PERTAINS TO THEIR ASSOCIATED SCHOOL INCLUDING THE REQUIREMENT
   47  THAT ALL SCHOOL COACHES, PHYSICAL EDUCATION TEACHERS, NURSES AND ATHLET-
   48  IC  TRAINERS THAT WORK WITH AND PROVIDE INSTRUCTION TO PUPILS ENGAGED IN
   49  SCHOOL SPONSORED  ATHLETIC  ACTIVITIES  COMPLETE  TRAINING  RELATING  TO
   50  SUDDEN  CARDIAC ARREST. FURTHERMORE, EVERY SUDDEN CARDIAC ARREST MANAGE-
   51  MENT TEAM MAY ESTABLISH AND IMPLEMENT A PROGRAM WHICH PROVIDES  INFORMA-
   52  TION  ON  SUDDEN  CARDIAC  ARREST  TO  PARENTS  AND  PERSONS IN PARENTAL
   53  RELATION THROUGHOUT EACH SCHOOL YEAR.
   54    B. THE RULES AND REGULATIONS ESTABLISHED PURSUANT TO THIS  SUBDIVISION
   55  SHALL  BE  DEEMED TO BE THE MINIMUM STANDARDS THAT MUST BE COMPLIED WITH
   56  BY EVERY PUBLIC SCHOOL RELATING TO SUDDEN CARDIAC ARREST. SUCH RULES AND
       A. 4216                             3
    1  REGULATIONS MAY ALSO BE IMPLEMENTED BY  NONPUBLIC  SCHOOLS  IF  THEY  SO
    2  AUTHORIZE.  NOTHING IN THIS SUBDIVISION SHALL PROHIBIT ANY PUBLIC SCHOOL
    3  OR NONPUBLIC SCHOOL FROM ADOPTING AND IMPLEMENTING MORE STRINGENT STAND-
    4  ARDS.
    5    S  3.  Section 206 of the public health law is amended by adding a new
    6  subdivision 29 to read as follows:
    7    29. THE COMMISSIONER SHALL ASSIST THE  COMMISSIONER  OF  EDUCATION  IN
    8  DEVELOPING  RULES  AND REGULATIONS, RELATING TO PUPILS WHO EXHIBIT SIGNS
    9  OR SYMPTOMS OF SUDDEN CARDIAC ARREST,  IN  ACCORDANCE  WITH  SUBDIVISION
   10  FIFTY-THREE  OF  SECTION  THREE  HUNDRED  FIVE OF THE EDUCATION LAW, AND
   11  PROVIDE FOR THE POSTING ON THE DEPARTMENT'S  INTERNET  WEBSITE  OF  SUCH
   12  INFORMATION AS SHALL BE REQUIRED PURSUANT TO SUCH SUBDIVISION.
   13    S  4.  This act shall take effect on the first of July next succeeding
   14  the date on which it shall have become a law; provided, that,  effective
   15  immediately,  any  rules  and  regulations  necessary  to  implement the
   16  provisions of this act on its effective date are authorized and directed
   17  to be completed on or before such date.