Bill Text: NY A04877 | 2013-2014 | General Assembly | Introduced
Bill Title: Authorizes school boards to allow certain students to use inhalers or nebulizers; requires the school that authorizes the use of an inhaler to prepare an emergency action plan for the student; ensures safety of all students who suffer from respiratory illnesses in New York.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2014-01-08 - referred to education [A04877 Detail]
Download: New_York-2013-A04877-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4877
2013-2014 Regular Sessions
I N A S S E M B L Y
February 13, 2013
___________
Introduced by M. of A. ORTIZ, ROBINSON, JACOBS, MILLMAN, CASTRO --
Multi-Sponsored by -- M. of A. BOYLAND, HOOPER, PERRY, RIVERA, WEIS-
ENBERG -- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to the use of inhalers
and nebulizers
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 OTHER POTENTIALLY LIFE-THREAT-
4 ENING ILLNESSES. 1. The board of education or trustees of each school
5 district and board of cooperative educational services shall allow
6 pupils who have been diagnosed by a physician or other duly authorized
7 health care provider with a severe asthmatic condition OR OTHER POTEN-
8 TIALLY LIFE-THREATENING ILLNESS to carry and use a prescribed inhaler
9 during the school day, with the written permission of a physician or
10 other duly authorized health care provider, and parental consent, based
11 on such physician's or provider's determination that such pupil is
12 subject to sudden asthmatic attacks severe enough to debilitate such
13 pupil. A record of such permission shall be maintained in the school
14 office. In addition, upon the written request of a parent or person in
15 parental relation, the board of education or trustees of a school
16 district and board of cooperative educational services shall allow such
17 pupils to maintain an extra such inhaler in the care and custody of a
18 registered professional nurse employed by such district or board of
19 cooperative educational services. Nothing in this section shall require
20 a school district or board of cooperative educational services to retain
21 a school nurse solely for the purpose of taking custody of a spare
22 inhaler, or require that a school nurse be available at all times in a
23 school building for such purpose.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08661-01-3
A. 4877 2
1 2. THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT OR BOARD
2 OF COOPERATIVE EDUCATIONAL SERVICES THAT HAS ALLOWED THE USE OF AN
3 INHALER BY A STUDENT PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OF
4 THIS SECTION SHALL INFORM THE PARENTS, GUARDIANS OR PERSONS IN PARENTAL
5 RELATION TO THE PUPIL IN WRITING THAT THE SCHOOL DISTRICT OR BOARD OF
6 COOPERATIVE EDUCATIONAL SERVICES AND ITS EMPLOYEES OR AGENTS SHALL INCUR
7 NO LIABILITY AS A RESULT OF ANY INJURY ARISING FROM THE SELF-ADMINISTRA-
8 TION OF MEDICATION BY THE PUPIL. THE PARENTS, GUARDIANS OR PERSONS IN
9 PARENTAL RELATION TO THE PUPIL SHALL SIGN A STATEMENT ACKNOWLEDGING THAT
10 THE DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL INCUR NO
11 LIABILITY AS A RESULT OF ANY INJURY ARISING FROM THE SELF-ADMINISTRATION
12 OF MEDICATION BY THE PUPIL AND THE PARENTS, GUARDIANS OR PERSONS IN
13 PARENTAL RELATION SHALL INDEMNIFY AND HOLD HARMLESS THE SCHOOL DISTRICT
14 OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND ITS EMPLOYEES AND
15 AGENTS ANY CLAIMS ARISING OUT OF THE SELF-ADMINISTRATION OF MEDICATION
16 BY THE PUPIL.
17 3. THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT OR BOARD
18 OF COOPERATIVE EDUCATIONAL SERVICES THAT HAS ALLOWED THE USE OF AN
19 INHALER BY A STUDENT PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OF
20 THIS SECTION SHALL PREPARE AN EMERGENCY ACTION PLAN FOR EACH SUCH
21 STUDENT. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF
22 HEALTH AND A PHYSICIAN, SHALL DETERMINE THE INFORMATION, ACTIONS, AND/OR
23 PROCEDURES THAT MUST BE CONTAINED WITHIN EACH PLAN.
24 S 2. The education law is amended by adding a new section 921 to read
25 as follows:
26 S 921. USE OF NEBULIZER. 1. EVERY SCHOOL DISTRICT, BOARD OF EDUCA-
27 TIONAL SERVICES AND NONPUBLIC ELEMENTARY AND SECONDARY SCHOOL IN THIS
28 STATE SHALL REQUIRE AT LEAST ONE NEBULIZER BE MAINTAINED IN THE OFFICE
29 OF THE SCHOOL NURSE OR IN A SIMILAR ACCESSIBLE LOCATION.
30 2. THE COMMISSIONER SHALL PROMULGATE REGULATIONS FOR THE ADMINIS-
31 TRATION OF ASTHMA MEDICATION THROUGH THE USE OF A NEBULIZER BY THE
32 SCHOOL NURSE OR PERSON AUTHORIZED BY REGULATION. THE REGULATIONS SHALL
33 INCLUDE:
34 A. A REQUIREMENT THAT EACH CERTIFIED NURSE OR OTHER PERSON AUTHORIZED
35 TO ADMINISTER ASTHMA MEDICATION IN SCHOOLS RECEIVE TRAINING IN AIRWAY
36 MANAGEMENT AND IN THE USE OF NEBULIZERS AND INHALERS CONSISTENT WITH
37 NATIONALLY RECOGNIZED STANDARDS, INCLUDING, BUT NOT LIMITED TO, THOSE OF
38 THE NATIONAL INSTITUTES OF HEALTH AND THE AMERICAN ASSOCIATION OF ALLER-
39 GY AND IMMUNOLOGY; AND
40 B. A REQUIREMENT THAT EACH PUPIL AUTHORIZED TO USE ASTHMA MEDICATION
41 PURSUANT TO SUBDIVISION ONE OF SECTION NINE HUNDRED SIXTEEN OF THIS
42 ARTICLE OR A NEBULIZER HAVE AN ASTHMA TREATMENT PLAN PREPARED BY THE
43 PHYSICIAN OF THE PUPIL, WHICH IDENTIFY, AT A MINIMUM, ASTHMA TRIGGERS,
44 THE TREATMENT PLAN, AND SUCH OTHER ELEMENTS AS SHALL BE DETERMINED BY
45 THE REGENTS.
46 3. THE COMMISSIONER SHALL ENSURE THAT ANNUAL ASTHMA EDUCATION OPPORTU-
47 NITIES ARE MADE AVAILABLE FOR MEDICAL INSPECTORS AND ALL MEMBERS OF THE
48 TEACHING STAFF.
49 S 3. This act shall take effect on the one hundred twentieth day after
50 it shall have become a law; provided, however, that effective immediate-
51 ly the commissioner of education is authorized to promulgate rules and
52 regulations for the implementation of this act on such effective date.
