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
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.