Bill Text: NY A09334 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9334
                                 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 -- read once
         and referred to the Committee on Education
       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]  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 AND DURING ANY SCHOOL  FUNCTION  AS
   12  DEFINED  BY  SUBDIVISION TWO OF SECTION ELEVEN OF THIS CHAPTER, with the
   13  written permission of a physician or other duly authorized  health  care
   14  provider,  and  WRITTEN  parental consent[, based on such physician's or
   15  provider's determination that such pupil is subject to sudden  asthmatic
   16  attacks severe enough to debilitate such pupil].  THE WRITTEN PERMISSION
   17  SHALL INCLUDE AN ATTESTATION BY THE PHYSICIAN OR THE HEALTH CARE PROVID-
   18  ER  CONFIRMING  THE FOLLOWING: (A) THE PUPIL IS DIAGNOSED WITH ASTHMA OR
   19  ANOTHER RESPIRATORY DISEASE FOR WHICH  INHALED  RESCUE  MEDICATIONS  ARE
   20  PRESCRIBED  TO ALLEVIATE RESPIRATORY SYMPTOMS OR TO PREVENT THE ONSET OF
   21  EXERCISE INDUCED ASTHMATIC SYMPTOMS; AND (B) THAT THE PUPIL  HAS  DEMON-
   22  STRATED THAT HE OR SHE CAN SELF-ADMINISTER THE PRESCRIBED INHALED RESCUE
   23  MEDICATION  EFFECTIVELY.  THE  WRITTEN PERMISSION SHALL ALSO INCLUDE THE
   24  NAME OF THE PRESCRIBED INHALED RESCUE MEDICATION, THE  DOSE,  THE  TIMES
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13990-04-4
       A. 9334                             2
    1  WHEN  THE MEDICATION IS TO BE TAKEN, THE CIRCUMSTANCES WHICH MAY WARRANT
    2  THE USE OF THE MEDICATION AND THE LENGTH OF TIME FOR WHICH  THE  INHALER
    3  IS  PRESCRIBED.  A  record of such CONSENT AND permission shall be main-
    4  tained  in  the  [school  office] STUDENT'S CUMULATIVE HEALTH RECORD. In
    5  addition, upon the written request of a parent  or  person  in  parental
    6  relation,  the  board  of education or trustees of a school district and
    7  board of cooperative educational services shall  allow  such  pupils  to
    8  maintain  an  extra such inhaler in the care and custody of a registered
    9  professional nurse employed by such district  or  board  of  cooperative
   10  educational  services.    Nothing in this section shall require a school
   11  district or board  of  cooperative  educational  services  to  retain  a
   12  [school nurse solely for the purpose of taking custody of a spare inhal-
   13  er, or require that a school nurse be available at all times in a school
   14  building for such purpose] LICENSED NURSE, NURSE PRACTITIONER, PHYSICIAN
   15  ASSISTANT,  OR  PHYSICIAN  SOLELY FOR THE PURPOSE OF TAKING CUSTODY OF A
   16  SPARE INHALER FOR THE TREATMENT  OF  ASTHMA  OR  A  RESPIRATORY  DISEASE
   17  REQUIRING RESCUE MEDICATION TREATMENT, OR REQUIRE THAT A LICENSED NURSE,
   18  NURSE  PRACTITIONER,  PHYSICIAN  ASSISTANT, OR PHYSICIAN BE AVAILABLE AT
   19  ALL TIMES IN A SCHOOL BUILDING FOR THE PURPOSE OF TAKING CUSTODY OF  THE
   20  INHALER.  IN ADDITION, THE MEDICATION PROVIDED BY THE PUPIL'S PARENTS OR
   21  PERSONS IN PARENTAL RELATION SHALL BE MADE AVAILABLE  TO  THE  PUPIL  AS
   22  NEEDED  IN ACCORDANCE WITH THE SCHOOL DISTRICT'S OR BOARD OF COOPERATIVE
   23  EDUCATIONAL SERVICES' POLICY AND THE ORDERS PRESCRIBED  IN  THE  WRITTEN
   24  PERMISSION OF THE PHYSICIAN OR OTHER AUTHORIZED HEALTH CARE PROVIDER.
   25    2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR
   26  THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS
   27  A  RESULT  OF  ANY  HARM  OR INJURY SUSTAINED BY A PUPIL OR OTHER PERSON
   28  CAUSED BY COMPLIANCE WITH THIS SECTION ABSENT GROSS NEGLIGENCE.
   29    S 2. The education law is amended by adding five new  sections  916-a,
   30  916-b, 902-a, 902-b and 921 to read as follows:
   31    S 916-A. PUPILS AFFLICTED WITH ALLERGIES. 1. THE BOARD OF EDUCATION OR
   32  TRUSTEES  OF  EACH  SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL
   33  SERVICES SHALL ALLOW PUPILS WHO HAVE BEEN DIAGNOSED BY  A  PHYSICIAN  OR
   34  OTHER  DULY AUTHORIZED HEALTH CARE PROVIDER WITH AN ALLERGY TO CARRY AND
   35  USE A PRESCRIBED EPINEPHRINE AUTO INJECTOR FOR THE  EMERGENCY  TREATMENT
   36  OF  ALLERGIC REACTIONS DURING THE SCHOOL DAY AND DURING ANY SCHOOL FUNC-
   37  TION AS DEFINED BY SUBDIVISION TWO OF SECTION ELEVEN  OF  THIS  CHAPTER,
   38  WITH  THE  WRITTEN  PERMISSION  OF  A PHYSICIAN OR OTHER DULY AUTHORIZED
   39  HEALTH PROVIDER, AND WRITTEN PARENTAL CONSENT.  THE  WRITTEN  PERMISSION
   40  SHALL INCLUDE AN ATTESTATION BY THE PHYSICIAN OR THE HEALTH CARE PROVID-
   41  ER CONFIRMING THE FOLLOWING: (A) THE PUPIL'S DIAGNOSIS OF AN ALLERGY FOR
   42  WHICH AN EPINEPHRINE AUTO INJECTOR IS NEEDED; AND (B) THAT THE PUPIL HAS
   43  DEMONSTRATED  THAT HE OR SHE CAN SELF-ADMINISTER THE PRESCRIBED EPINEPH-
   44  RINE AUTO INJECTOR EFFECTIVELY.    THE  WRITTEN  PERMISSION  SHALL  ALSO
   45  INCLUDE  THE  CIRCUMSTANCES WHICH MAY WARRANT THE USE OF THE EPINEPHRINE
   46  AUTO INJECTOR. A RECORD OF SUCH CONSENT AND PERMISSION  SHALL  BE  MAIN-
   47  TAINED  IN THE STUDENT'S CUMULATIVE HEALTH RECORD. IN ADDITION, UPON THE
   48  WRITTEN REQUEST OF A PARENT OR PERSON IN PARENTAL RELATION, THE BOARD OF
   49  EDUCATION OR TRUSTEES OF A SCHOOL  DISTRICT  AND  BOARD  OF  COOPERATIVE
   50  EDUCATIONAL  SERVICES  SHALL  ALLOW  SUCH  PUPILS  TO  MAINTAIN AN EXTRA
   51  EPINEPHRINE AUTO INJECTOR FOR THE EMERGENCY TREATMENT  OF  ALLERGIES  IN
   52  THE  CARE  AND  CUSTODY OF LICENSED NURSE, NURSE PRACTITIONER, PHYSICIAN
   53  ASSISTANT, OR PHYSICIAN EMPLOYED BY SUCH DISTRICT OR  BOARD  OF  COOPER-
   54  ATIVE  EDUCATIONAL  SERVICES.  NOTHING  IN  THIS SECTION SHALL REQUIRE A
   55  SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO RETAIN A
   56  LICENSED NURSE, NURSE PRACTITIONER, PHYSICIAN  ASSISTANT,  OR  PHYSICIAN
       A. 9334                             3
    1  SOLELY  FOR  THE  PURPOSE  OF TAKING CUSTODY OF A SPARE EPINEPHRINE AUTO
    2  INJECTOR FOR THE EMERGENCY TREATMENT OF ALLERGIC REACTIONS,  OR  REQUIRE
    3  THAT  A  LICENSED  NURSE,  NURSE  PRACTITIONER,  PHYSICIAN ASSISTANT, OR
    4  PHYSICIAN  BE  AVAILABLE  AT  ALL  TIMES IN A SCHOOL BUILDING FOR TAKING
    5  CUSTODY OF THE EPINEPHRINE AUTO INJECTOR. IN ADDITION,  THE  EPINEPHRINE
    6  AUTO  INJECTOR  PROVIDED  BY  THE PUPIL'S PARENTS OR PERSONS IN PARENTAL
    7  RELATION WILL BE MADE AVAILABLE TO THE PUPIL  AS  NEEDED  IN  ACCORDANCE
    8  WITH THE SCHOOL DISTRICT'S OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES'
    9  POLICY AND THE ORDERS PRESCRIBED IN THE WRITTEN PERMISSION OF THE PHYSI-
   10  CIAN OR OTHER AUTHORIZED HEALTH CARE PROVIDER.
   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 COMPLIANCE WITH THIS SECTION ABSENT GROSS NEGLIGENCE.
   15    S 916-B. PUPILS AFFLICTED WITH DIABETES. 1. THE BOARD OF EDUCATION  OR
   16  TRUSTEES  OF  EACH  SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL
   17  SERVICES SHALL ALLOW PUPILS WHO HAVE BEEN  DIAGNOSED  WITH  DIABETES  TO
   18  CARRY AND USE INSULIN AND GLUCAGON THROUGH APPROPRIATE MEDICATION DELIV-
   19  ERY DEVICES AND EQUIPMENT AND/OR TO CARRY AND USE EQUIPMENT AND SUPPLIES
   20  NECESSARY TO CHECK BLOOD GLUCOSE LEVELS AND KETONE LEVELS, AS PRESCRIBED
   21  BY  A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTHCARE PROVIDER, DURING THE
   22  SCHOOL DAY AND DURING ANY SCHOOL FUNCTION AS DEFINED BY SUBDIVISION  TWO
   23  OF SECTION ELEVEN OF THIS CHAPTER, WITH PARENTAL CONSENT AND THE WRITTEN
   24  PERMISSION OF A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER.
   25  THE  WRITTEN PERMISSION SHALL INCLUDE AN ATTESTATION BY THE PHYSICIAN OR
   26  THE HEALTH CARE PROVIDER CONFIRMING THE FOLLOWING: (A) THE PUPIL'S DIAG-
   27  NOSIS OF DIABETES MAKES THE DELIVERY OF  INSULIN  AND  GLUCAGON  THROUGH
   28  APPROPRIATE  MEDICATION  DELIVERY  DEVICES DURING THE SCHOOL DAY OR AT A
   29  SCHOOL FUNCTION NECESSARY AND/OR MAKES THE USE OF EQUIPMENT AND SUPPLIES
   30  TO CHECK BLOOD GLUCOSE LEVELS AND KETONE LEVELS NECESSARY; AND (B)  THAT
   31  THE  PUPIL  HAS  DEMONSTRATED  THAT  HE  OR  SHE CAN SELF-ADMINISTER THE
   32  PRESCRIBED INSULIN AND GLUCAGON EFFECTIVELY AND CAN SELF  CHECK  GLUCOSE
   33  OR  KETONE  LEVELS  AND  CAN  INDEPENDENTLY  FOLLOW THE TREATMENT ORDERS
   34  PRESCRIBED BY THE PHYSICIAN OR OTHER AUTHORIZED HEALTH CARE PROVIDER  IN
   35  THE WRITTEN PERMISSION. THE WRITTEN PERMISSION SHALL IDENTIFY PRESCRIBED
   36  BLOOD  GLUCOSE  TESTS,  KETONE TESTS, INSULIN AND GLUCAGON TO BE USED BY
   37  THE PUPIL AT SCHOOL AND/ OR  DURING  SCHOOL  FUNCTIONS.  IF  INSULIN  IS
   38  PRESCRIBED, THE WRITTEN PERMISSION SHALL INCLUDE THE NAME OF THE TYPE OF
   39  INSULIN,  THE DOSE OR DOSE RANGE, THE TIMES WHEN THE MEDICATION IS TO BE
   40  TAKEN, THE TYPE OF INSULIN DELIVERY SYSTEM  AND  ANY  OTHER  INFORMATION
   41  PRESCRIBED  BY  THE  COMMISSIONER IN REGULATION, AFTER CONSULTATION WITH
   42  THE COMMISSIONER OF HEALTH. A RECORD  OF  SUCH  CONSENT  AND  PERMISSION
   43  SHALL  BE MAINTAINED IN THE STUDENT'S CUMULATIVE HEALTH RECORD. IN ADDI-
   44  TION, UPON THE WRITTEN  REQUEST  OF  A  PARENT  OR  PERSON  IN  PARENTAL
   45  RELATION,  THE  BOARD  OF EDUCATION OR TRUSTEES OF A SCHOOL DISTRICT AND
   46  BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL  ALLOW  SUCH  PUPILS  TO
   47  MAINTAIN  EXTRA  INSULIN  AND  AN INSULIN DELIVERY SYSTEM, BLOOD GLUCOSE
   48  METERS AND RELATED SUPPLIES USED TO TREAT SUCH PUPIL'S DIABETES  IN  THE
   49  CARE  AND  CUSTODY  OF  A  LICENSED NURSE, NURSE PRACTITIONER, PHYSICIAN
   50  ASSISTANT, OR PHYSICIAN EMPLOYED BY SUCH DISTRICT OR  BOARD  OF  COOPER-
   51  ATIVE  EDUCATIONAL  SERVICES.  NOTHING  IN  THIS SECTION SHALL REQUIRE A
   52  SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO RETAIN A
   53  LICENSED NURSE, NURSE PRACTITIONER, PHYSICIAN  ASSISTANT,  OR  PHYSICIAN
   54  SOLELY FOR THE PURPOSE OF TAKING CUSTODY OF EXTRA INSULIN AND AN INSULIN
   55  DELIVERY SYSTEM, BLOOD GLUCOSE METERS AND RELATED SUPPLIES USED TO TREAT
   56  SUCH  PUPIL'S  DIABETES, OR REQUIRE THAT A LICENSED NURSE, NURSE PRACTI-
       A. 9334                             4
    1  TIONER, PHYSICIAN ASSISTANT, OR PHYSICIAN BE AVAILABLE AT ALL TIMES IN A
    2  SCHOOL BUILDING FOR THE PURPOSE OF TAKING CUSTODY OF EXTRA  INSULIN  AND
    3  AN  INSULIN  DELIVERY  SYSTEM,  AND  BLOOD  GLUCOSE  METERS  AND RELATED
    4  SUPPLIES.  IN  ADDITION,  THE  MEDICATION  AND  DEVICES,  EQUIPMENT  AND
    5  SUPPLIES PROVIDED BY THE PUPIL'S PARENTS OR PERSONS IN PARENTAL RELATION
    6  SHALL BE MADE AVAILABLE TO THE PUPIL AS NEEDED IN  ACCORDANCE  WITH  THE
    7  SCHOOL  DISTRICT'S  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES' POLICY
    8  AND THE ORDERS PRESCRIBED IN THE WRITTEN PERMISSION OF THE PHYSICIAN  OR
    9  OTHER AUTHORIZED HEALTH CARE PROVIDER.
   10    2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR
   11  THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS
   12  A  RESULT  OF  ANY  HARM  OR INJURY SUSTAINED BY A PUPIL OR OTHER PERSON
   13  CAUSED BY COMPLIANCE WITH THIS SECTION ABSENT GROSS NEGLIGENCE.
   14    S 902-A. TREATMENT OF  STUDENTS  DIAGNOSED  WITH  DIABETES  BY  SCHOOL
   15  PERSONNEL.  1.  LICENSED  NURSES, NURSE PRACTITIONERS, PHYSICIAN ASSIST-
   16  ANTS, OR PHYSICIANS EMPLOYED BY SCHOOL DISTRICTS OR  BOARDS  OF  COOPER-
   17  ATIVE  EDUCATIONAL SERVICES ARE AUTHORIZED TO CALCULATE PRESCRIBED INSU-
   18  LIN DOSAGES,  ADMINISTER  PRESCRIBED  INSULIN,  PROGRAM  THE  PRESCRIBED
   19  INSULIN  PUMP,  REFILL  THE  RESERVOIR  IN  THE INSULIN PUMP, CHANGE THE
   20  INFUSION SITE, INJECT PRESCRIBED GLUCAGON AND PERFORM  OTHER  AUTHORIZED
   21  SERVICES  PURSUANT  TO  THE SCOPE OF PRACTICE OF THE LICENSED INDIVIDUAL
   22  UNDER TITLE VIII OF THIS CHAPTER, TO PUPILS WHO  HAVE  RECEIVED  WRITTEN
   23  PERMISSION  BY  A  PHYSICIAN OR OTHER LICENSED HEALTH CARE PROVIDER, AND
   24  WRITTEN PARENTAL CONSENT TO CARRY AND USE INSULIN AND GLUCAGON  PURSUANT
   25  TO SECTION NINE HUNDRED SIXTEEN-B OF THIS ARTICLE, DURING THE SCHOOL DAY
   26  AND  DURING ANY SCHOOL FUNCTION AS DEFINED BY SUBDIVISION TWO OF SECTION
   27  ELEVEN OF THIS CHAPTER. NOTHING IN THIS SECTION  SHALL  AUTHORIZE  UNLI-
   28  CENSED PERSONS TO PERFORM THESE SERVICES.
   29    2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR
   30  THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS
   31  A  RESULT  OF  ANY  HARM  OR INJURY SUSTAINED BY A PUPIL OR OTHER PERSON
   32  CAUSED BY COMPLIANCE WITH THIS SECTION ABSENT GROSS NEGLIGENCE.
   33    S 902-B. TREATMENT BY LICENSED SCHOOL PERSONNEL OF STUDENTS  DIAGNOSED
   34  WITH  ALLERGIES.  1.  LICENSED  NURSES,  NURSE  PRACTITIONERS, PHYSICIAN
   35  ASSISTANTS, OR PHYSICIANS EMPLOYED BY SCHOOLS ARE AUTHORIZED TO ADMINIS-
   36  TER PRESCRIBED EPINEPHRINE PURSUANT TO THE  SCOPE  OF  PRACTICE  OF  THE
   37  LICENSED  INDIVIDUAL  UNDER  TITLE VIII OF THIS CHAPTER, TO PUPILS DIAG-
   38  NOSED BY A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER  WITH
   39  AN  ALLERGY WHO HAVE THE WRITTEN PERMISSION OF A PHYSICIAN OR OTHER DULY
   40  AUTHORIZED HEALTH CARE PROVIDER  FOR  THE  ADMINISTRATION  OF  EMERGENCY
   41  EPINEPHRINE AND WRITTEN PARENTAL CONSENT TO CARRY AND USE AN EPINEPHRINE
   42  AUTO  INJECTOR  PURSUANT TO SECTION NINE HUNDRED SIXTEEN-A OF THIS ARTI-
   43  CLE, DURING THE SCHOOL DAY AND DURING ANY SCHOOL FUNCTION AS DEFINED  BY
   44  SUBDIVISION  TWO  OF  SECTION  ELEVEN  OF  THIS CHAPTER. NOTHING IN THIS
   45  SECTION SHALL AUTHORIZE UNLICENSED PERSONS TO PERFORM THESE SERVICES.
   46    2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR
   47  THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS
   48  A RESULT OF ANY HARM OR INJURY SUSTAINED BY  A  PUPIL  OR  OTHER  PERSON
   49  CAUSED BY COMPLIANCE WITH THIS SECTION ABSENT GROSS NEGLIGENCE.
   50    S  921.  TRAINING OF UNLICENSED SCHOOL PERSONNEL TO ADMINISTER CERTAIN
   51  MEDICATIONS. 1. SCHOOL BOARDS ARE AUTHORIZED, BUT NOT OBLIGATED TO  HAVE
   52  LICENSED  REGISTERED PROFESSIONAL NURSES, NURSE PRACTITIONERS, PHYSICIAN
   53  ASSISTANTS, AND PHYSICIANS TRAIN UNLICENSED SCHOOL PERSONNEL  TO  INJECT
   54  PRESCRIBED  GLUCAGON  OR  EPINEPHRINE  AUTO INJECTORS IN EMERGENCY SITU-
   55  ATIONS, WHERE AN  APPROPRIATELY  LICENSED  HEALTH  PROFESSIONAL  IS  NOT
   56  AVAILABLE,  TO  PUPILS WHO HAVE THE WRITTEN PERMISSION OF A PHYSICIAN OR
       A. 9334                             5
    1  OTHER DULY AUTHORIZED HEALTH CARE PROVIDER  FOR  THE  ADMINISTRATION  OF
    2  INJECTABLE  GLUCAGON  OR EMERGENCY EPINEPHRINE AUTO INJECTOR, ALONG WITH
    3  WRITTEN PARENTAL CONSENT, DURING THE SCHOOL DAY AND  DURING  ANY  SCHOOL
    4  FUNCTION  AS  DEFINED BY SUBDIVISION TWO OF SECTION ELEVEN OF THIS CHAP-
    5  TER. TRAINING MUST BE PROVIDED BY A PHYSICIAN OR OTHER  DULY  AUTHORIZED
    6  LICENSED  HEALTH  CARE  PROFESSIONAL  IN  A COMPETENT MANNER AND MUST BE
    7  COMPLETED IN A FORM AND MANNER PRESCRIBED BY THE COMMISSIONER  IN  REGU-
    8  LATION.
    9    2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR
   10  THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS
   11  A  RESULT  OF  ANY  HARM  OR INJURY SUSTAINED BY A PUPIL OR OTHER PERSON
   12  CAUSED BY COMPLIANCE WITH THIS SECTION ABSENT GROSS NEGLIGENCE.
   13    S 3. This act shall take effect the first of July next succeeding  the
   14  date on which it shall have become a law.
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