Bill Text: NY A09334 | 2013-2014 | General Assembly | Amended
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-Amended.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-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9334--A
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, WRIGHT --
read once and referred to the Committee on Education -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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 ON SCHOOL PROPERTY AND AT ANY
12 SCHOOL FUNCTION AS SUCH TERMS ARE DEFINED, RESPECTIVELY, BY SUBDIVISIONS
13 ONE AND TWO OF SECTION ELEVEN OF THIS CHAPTER, with the written permis-
14 sion of a physician or other duly authorized health care provider, and
15 WRITTEN parental consent[, based on such physician's or provider's
16 determination that such pupil is subject to sudden asthmatic attacks
17 severe enough to debilitate such pupil]. THE WRITTEN PERMISSION SHALL
18 INCLUDE AN ATTESTATION BY THE PHYSICIAN OR THE HEALTH CARE PROVIDER
19 CONFIRMING THE FOLLOWING: (A) THE PUPIL IS DIAGNOSED WITH ASTHMA OR
20 ANOTHER RESPIRATORY DISEASE FOR WHICH INHALED RESCUE MEDICATIONS ARE
21 PRESCRIBED TO ALLEVIATE RESPIRATORY SYMPTOMS OR TO PREVENT THE ONSET OF
22 EXERCISE INDUCED ASTHMATIC SYMPTOMS; AND (B) THAT THE PUPIL HAS DEMON-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13990-05-4
A. 9334--A 2
1 STRATED THAT HE OR SHE CAN SELF-ADMINISTER THE PRESCRIBED INHALED RESCUE
2 MEDICATION EFFECTIVELY. THE WRITTEN PERMISSION SHALL ALSO INCLUDE THE
3 NAME OF THE PRESCRIBED INHALED RESCUE MEDICATION, THE DOSE, THE TIMES
4 WHEN THE MEDICATION IS TO BE TAKEN, THE CIRCUMSTANCES WHICH MAY WARRANT
5 THE USE OF THE MEDICATION AND THE LENGTH OF TIME FOR WHICH THE INHALER
6 IS PRESCRIBED. A record of such CONSENT AND permission shall be main-
7 tained in the [school office] STUDENT'S CUMULATIVE HEALTH RECORD. In
8 addition, upon the written request of a parent or person in parental
9 relation, the board of education or trustees of a school district and
10 board of cooperative educational services shall allow such pupils to
11 maintain an extra such inhaler in the care and custody of a registered
12 professional nurse employed by such district or board of cooperative
13 educational services. Nothing in this section shall require a school
14 district or board of cooperative educational services to retain a
15 [school nurse solely for the purpose of taking custody of a spare inhal-
16 er, or require that a school nurse be available at all times in a school
17 building for such purpose] LICENSED NURSE, NURSE PRACTITIONER, PHYSICIAN
18 ASSISTANT, OR PHYSICIAN SOLELY FOR THE PURPOSE OF TAKING CUSTODY OF A
19 SPARE INHALER FOR THE TREATMENT OF ASTHMA OR A RESPIRATORY DISEASE
20 REQUIRING RESCUE MEDICATION TREATMENT, OR REQUIRE THAT A LICENSED NURSE,
21 NURSE PRACTITIONER, PHYSICIAN ASSISTANT, OR PHYSICIAN BE AVAILABLE AT
22 ALL TIMES IN A SCHOOL BUILDING FOR THE PURPOSE OF TAKING CUSTODY OF THE
23 INHALER. IN ADDITION, THE MEDICATION PROVIDED BY THE PUPIL'S PARENTS OR
24 PERSONS IN PARENTAL RELATION SHALL BE MADE AVAILABLE TO THE PUPIL AS
25 NEEDED IN ACCORDANCE WITH THE SCHOOL DISTRICT'S OR BOARD OF COOPERATIVE
26 EDUCATIONAL SERVICES' POLICY AND THE ORDERS PRESCRIBED IN THE WRITTEN
27 PERMISSION OF THE PHYSICIAN OR OTHER AUTHORIZED HEALTH CARE PROVIDER.
28 2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR
29 THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS
30 A RESULT OF ANY HARM OR INJURY SUSTAINED BY A PUPIL OR OTHER PERSON
31 CAUSED BY COMPLIANCE WITH THIS SECTION ABSENT GROSS NEGLIGENCE.
32 S 2. The education law is amended by adding five new sections 916-a,
33 916-b, 902-a, 902-b and 921 to read as follows:
34 S 916-A. PUPILS WITH ALLERGIES. 1. THE BOARD OF EDUCATION OR TRUSTEES
35 OF EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES
36 SHALL ALLOW PUPILS WHO HAVE BEEN DIAGNOSED BY A PHYSICIAN OR OTHER DULY
37 AUTHORIZED HEALTH CARE PROVIDER WITH AN ALLERGY TO CARRY AND USE A
38 PRESCRIBED EPINEPHRINE AUTO INJECTOR FOR THE EMERGENCY TREATMENT OF
39 ALLERGIC REACTIONS DURING THE SCHOOL DAY ON SCHOOL PROPERTY AND AT ANY
40 SCHOOL FUNCTION AS SUCH TERMS ARE DEFINED, RESPECTIVELY, BY SUBDIVISIONS
41 ONE AND TWO OF SECTION ELEVEN OF THIS CHAPTER, WITH THE WRITTEN PERMIS-
42 SION OF A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH PROVIDER, AND WRIT-
43 TEN PARENTAL CONSENT. THE WRITTEN PERMISSION SHALL INCLUDE AN ATTESTA-
44 TION BY THE PHYSICIAN OR THE HEALTH CARE PROVIDER CONFIRMING THE
45 FOLLOWING: (A) THE PUPIL'S DIAGNOSIS OF AN ALLERGY FOR WHICH AN EPINEPH-
46 RINE AUTO INJECTOR IS NEEDED; AND (B) THAT THE PUPIL HAS DEMONSTRATED
47 THAT HE OR SHE CAN SELF-ADMINISTER THE PRESCRIBED EPINEPHRINE AUTO
48 INJECTOR EFFECTIVELY. THE WRITTEN PERMISSION SHALL ALSO INCLUDE THE
49 CIRCUMSTANCES WHICH MAY WARRANT THE USE OF THE EPINEPHRINE AUTO INJEC-
50 TOR. A RECORD OF SUCH CONSENT AND PERMISSION SHALL BE MAINTAINED IN THE
51 STUDENT'S CUMULATIVE HEALTH RECORD. IN ADDITION, UPON THE WRITTEN
52 REQUEST OF A PARENT OR PERSON IN PARENTAL RELATION, THE BOARD OF EDUCA-
53 TION OR TRUSTEES OF A SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCA-
54 TIONAL SERVICES SHALL ALLOW SUCH PUPILS TO MAINTAIN AN EXTRA EPINEPHRINE
55 AUTO INJECTOR FOR THE EMERGENCY TREATMENT OF ALLERGIES IN THE CARE AND
56 CUSTODY OF LICENSED NURSE, NURSE PRACTITIONER, PHYSICIAN ASSISTANT, OR
A. 9334--A 3
1 PHYSICIAN EMPLOYED BY SUCH DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL
2 SERVICES. NOTHING IN THIS SECTION SHALL REQUIRE A SCHOOL DISTRICT OR
3 BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO RETAIN A LICENSED NURSE,
4 NURSE PRACTITIONER, PHYSICIAN ASSISTANT, OR PHYSICIAN SOLELY FOR THE
5 PURPOSE OF TAKING CUSTODY OF A SPARE EPINEPHRINE AUTO INJECTOR FOR THE
6 EMERGENCY TREATMENT OF ALLERGIC REACTIONS, OR REQUIRE THAT A LICENSED
7 NURSE, NURSE PRACTITIONER, PHYSICIAN ASSISTANT, OR PHYSICIAN BE AVAIL-
8 ABLE AT ALL TIMES IN A SCHOOL BUILDING FOR TAKING CUSTODY OF THE
9 EPINEPHRINE AUTO INJECTOR. IN ADDITION, THE EPINEPHRINE AUTO INJECTOR
10 PROVIDED BY THE PUPIL'S PARENTS OR PERSONS IN PARENTAL RELATION WILL BE
11 MADE AVAILABLE TO THE PUPIL AS NEEDED IN ACCORDANCE WITH THE SCHOOL
12 DISTRICT'S OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES' POLICY AND THE
13 ORDERS PRESCRIBED IN THE WRITTEN PERMISSION OF THE PHYSICIAN OR OTHER
14 AUTHORIZED HEALTH CARE PROVIDER.
15 2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR
16 THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS
17 A RESULT OF ANY HARM OR INJURY SUSTAINED BY A PUPIL OR OTHER PERSON
18 CAUSED BY COMPLIANCE WITH THIS SECTION ABSENT GROSS NEGLIGENCE.
19 S 916-B. PUPILS WITH DIABETES. 1. THE BOARD OF EDUCATION OR TRUSTEES
20 OF EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES
21 SHALL ALLOW PUPILS WHO HAVE BEEN DIAGNOSED WITH DIABETES TO CARRY GLUCA-
22 GON AND CARRY AND USE INSULIN THROUGH APPROPRIATE MEDICATION DELIVERY
23 DEVICES AND EQUIPMENT AND/OR TO CARRY AND USE EQUIPMENT AND SUPPLIES
24 NECESSARY TO CHECK BLOOD GLUCOSE LEVELS AND KETONE LEVELS, AS PRESCRIBED
25 BY A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTHCARE PROVIDER, DURING THE
26 SCHOOL DAY ON SCHOOL PROPERTY AND AT ANY SCHOOL FUNCTION AS SUCH TERMS
27 ARE DEFINED, RESPECTIVELY, BY SUBDIVISIONS ONE AND TWO OF SECTION ELEVEN
28 OF THIS CHAPTER, WITH PARENTAL CONSENT AND THE WRITTEN PERMISSION OF A
29 PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER. THE WRITTEN
30 PERMISSION SHALL INCLUDE AN ATTESTATION BY THE PHYSICIAN OR THE HEALTH
31 CARE PROVIDER CONFIRMING THE FOLLOWING: (A) THE PUPIL'S DIAGNOSIS OF
32 DIABETES MAKES THE DELIVERY OF INSULIN AND GLUCAGON THROUGH APPROPRIATE
33 MEDICATION DELIVERY DEVICES DURING THE SCHOOL DAY ON SCHOOL PROPERTY OR
34 AT ANY SCHOOL FUNCTION NECESSARY AND/OR MAKES THE USE OF EQUIPMENT AND
35 SUPPLIES TO CHECK BLOOD GLUCOSE LEVELS AND KETONE LEVELS NECESSARY; AND
36 (B) THAT THE PUPIL HAS DEMONSTRATED THAT HE OR SHE CAN SELF-ADMINISTER
37 THE PRESCRIBED INSULIN EFFECTIVELY AND CAN SELF CHECK GLUCOSE OR KETONE
38 LEVELS AND CAN INDEPENDENTLY FOLLOW THE TREATMENT ORDERS PRESCRIBED BY
39 THE PHYSICIAN OR OTHER AUTHORIZED HEALTH CARE PROVIDER IN THE WRITTEN
40 PERMISSION. THE WRITTEN PERMISSION SHALL IDENTIFY PRESCRIBED BLOOD
41 GLUCOSE TESTS, KETONE TESTS, INSULIN AND GLUCAGON TO BE USED BY THE
42 PUPIL AT SCHOOL AND/OR DURING SCHOOL FUNCTIONS. IF INSULIN IS
43 PRESCRIBED, THE WRITTEN PERMISSION SHALL INCLUDE THE NAME OF THE TYPE OF
44 INSULIN, THE DOSE OR DOSE RANGE, THE TIMES WHEN THE MEDICATION IS TO BE
45 TAKEN, THE TYPE OF INSULIN DELIVERY SYSTEM AND ANY OTHER INFORMATION
46 PRESCRIBED BY THE COMMISSIONER IN REGULATION, AFTER CONSULTATION WITH
47 THE COMMISSIONER OF HEALTH. A RECORD OF SUCH CONSENT AND PERMISSION
48 SHALL BE MAINTAINED IN THE STUDENT'S CUMULATIVE HEALTH RECORD. IN ADDI-
49 TION, UPON THE WRITTEN REQUEST OF A PARENT OR PERSON IN PARENTAL
50 RELATION, THE BOARD OF EDUCATION OR TRUSTEES OF A SCHOOL DISTRICT AND
51 BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL ALLOW SUCH PUPILS TO
52 MAINTAIN EXTRA INSULIN AND AN INSULIN DELIVERY SYSTEM, GLUCAGON, BLOOD
53 GLUCOSE METERS AND RELATED SUPPLIES USED TO TREAT SUCH PUPIL'S DIABETES
54 IN THE CARE AND CUSTODY OF A LICENSED NURSE, NURSE PRACTITIONER, PHYSI-
55 CIAN ASSISTANT, OR PHYSICIAN EMPLOYED BY SUCH DISTRICT OR BOARD OF COOP-
56 ERATIVE EDUCATIONAL SERVICES. NOTHING IN THIS SECTION SHALL REQUIRE A
A. 9334--A 4
1 SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO RETAIN A
2 LICENSED NURSE, NURSE PRACTITIONER, PHYSICIAN ASSISTANT, OR PHYSICIAN
3 SOLELY FOR THE PURPOSE OF TAKING CUSTODY OF EXTRA INSULIN AND AN INSULIN
4 DELIVERY SYSTEM, GLUCAGON, BLOOD GLUCOSE METERS AND RELATED SUPPLIES
5 USED TO TREAT SUCH PUPIL'S DIABETES, OR REQUIRE THAT A LICENSED NURSE,
6 NURSE PRACTITIONER, PHYSICIAN ASSISTANT, OR PHYSICIAN BE AVAILABLE AT
7 ALL TIMES IN A SCHOOL BUILDING FOR THE PURPOSE OF TAKING CUSTODY OF
8 EXTRA INSULIN AND AN INSULIN DELIVERY SYSTEM, GLUCAGON, BLOOD GLUCOSE
9 METERS AND RELATED SUPPLIES. IN ADDITION, THE MEDICATION AND DEVICES,
10 EQUIPMENT AND SUPPLIES PROVIDED BY THE PUPIL'S PARENTS OR PERSONS IN
11 PARENTAL RELATION SHALL BE MADE AVAILABLE TO THE PUPIL AS NEEDED IN
12 ACCORDANCE WITH THE SCHOOL DISTRICT'S OR BOARD OF COOPERATIVE EDUCA-
13 TIONAL SERVICES' POLICY AND THE ORDERS PRESCRIBED IN THE WRITTEN PERMIS-
14 SION OF THE PHYSICIAN OR OTHER AUTHORIZED HEALTH CARE PROVIDER. PUPILS
15 WITH DIABETES MAY ALSO CARRY ANY FOOD NECESSARY TO TREAT HYPOGLYCEMIA
16 PURSUANT TO THE SCHOOL DISTRICT POLICY.
17 2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR
18 THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS
19 A RESULT OF ANY HARM OR INJURY SUSTAINED BY A PUPIL OR OTHER PERSON
20 CAUSED BY COMPLIANCE WITH THIS SECTION ABSENT GROSS NEGLIGENCE.
21 S 902-A. TREATMENT OF STUDENTS DIAGNOSED WITH DIABETES BY SCHOOL
22 PERSONNEL. 1. LICENSED NURSES, NURSE PRACTITIONERS, PHYSICIAN ASSIST-
23 ANTS, OR PHYSICIANS EMPLOYED BY SCHOOL DISTRICTS OR BOARDS OF COOPER-
24 ATIVE EDUCATIONAL SERVICES ARE AUTHORIZED TO CALCULATE PRESCRIBED INSU-
25 LIN DOSAGES, ADMINISTER PRESCRIBED INSULIN, PROGRAM THE PRESCRIBED
26 INSULIN PUMP, REFILL THE RESERVOIR IN THE INSULIN PUMP, CHANGE THE
27 INFUSION SITE, INJECT PRESCRIBED GLUCAGON, TEACH AN UNLICENSED PERSON TO
28 ADMINISTER GLUCAGON TO AN INDIVIDUAL, AND PERFORM OTHER AUTHORIZED
29 SERVICES PURSUANT TO THE SCOPE OF PRACTICE OF THE LICENSED INDIVIDUAL
30 UNDER TITLE VIII OF THIS CHAPTER, TO PUPILS WHO HAVE RECEIVED WRITTEN
31 PERMISSION BY A PHYSICIAN OR OTHER LICENSED HEALTH CARE PROVIDER, AND
32 WRITTEN PARENTAL CONSENT TO CARRY AND USE INSULIN AND GLUCAGON PURSUANT
33 TO SECTION NINE HUNDRED SIXTEEN-B OF THIS ARTICLE, DURING THE SCHOOL DAY
34 ON SCHOOL PROPERTY AND AT ANY SCHOOL FUNCTION AS SUCH TERMS ARE DEFINED,
35 RESPECTIVELY, BY SUBDIVISIONS ONE AND TWO OF SECTION ELEVEN OF THIS
36 CHAPTER. NOTHING IN THIS SECTION SHALL AUTHORIZE UNLICENSED PERSONS TO
37 PERFORM THESE SERVICES.
38 2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR
39 THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS
40 A RESULT OF ANY HARM OR INJURY SUSTAINED BY A PUPIL OR OTHER PERSON
41 CAUSED BY COMPLIANCE WITH THIS SECTION ABSENT GROSS NEGLIGENCE.
42 S 902-B. TREATMENT BY LICENSED SCHOOL PERSONNEL OF STUDENTS DIAGNOSED
43 WITH ALLERGIES. 1. LICENSED NURSES, NURSE PRACTITIONERS, PHYSICIAN
44 ASSISTANTS, OR PHYSICIANS EMPLOYED BY SCHOOLS ARE AUTHORIZED TO ADMINIS-
45 TER PRESCRIBED EPINEPHRINE PURSUANT TO THE SCOPE OF PRACTICE OF THE
46 LICENSED INDIVIDUAL UNDER TITLE VIII OF THIS CHAPTER, TO PUPILS DIAG-
47 NOSED BY A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER WITH
48 AN ALLERGY WHO HAVE THE WRITTEN PERMISSION OF A PHYSICIAN OR OTHER DULY
49 AUTHORIZED HEALTH CARE PROVIDER FOR THE ADMINISTRATION OF EMERGENCY
50 EPINEPHRINE AND WRITTEN PARENTAL CONSENT TO CARRY AND USE AN EPINEPHRINE
51 AUTO INJECTOR PURSUANT TO SECTION NINE HUNDRED SIXTEEN-A OF THIS ARTI-
52 CLE, DURING THE SCHOOL DAY ON SCHOOL PROPERTY AND AT ANY SCHOOL FUNCTION
53 AS SUCH TERMS ARE DEFINED, RESPECTIVELY, BY SUBDIVISIONS ONE AND TWO OF
54 SECTION ELEVEN OF THIS CHAPTER.
55 2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR
56 THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS
A. 9334--A 5
1 A RESULT OF ANY HARM OR INJURY SUSTAINED BY A PUPIL OR OTHER PERSON
2 CAUSED BY COMPLIANCE WITH THIS SECTION ABSENT GROSS NEGLIGENCE.
3 S 921. TRAINING OF UNLICENSED SCHOOL PERSONNEL TO ADMINISTER CERTAIN
4 MEDICATIONS. 1. SCHOOL BOARDS ARE AUTHORIZED, BUT NOT OBLIGATED TO HAVE
5 LICENSED REGISTERED PROFESSIONAL NURSES, NURSE PRACTITIONERS, PHYSICIAN
6 ASSISTANTS, AND PHYSICIANS TRAIN UNLICENSED SCHOOL PERSONNEL TO INJECT
7 PRESCRIBED GLUCAGON OR EPINEPHRINE AUTO INJECTORS IN EMERGENCY SITU-
8 ATIONS, WHERE AN APPROPRIATELY LICENSED HEALTH PROFESSIONAL IS NOT
9 AVAILABLE, TO PUPILS WHO HAVE THE WRITTEN PERMISSION OF A PHYSICIAN OR
10 OTHER DULY AUTHORIZED HEALTH CARE PROVIDER FOR THE ADMINISTRATION OF
11 INJECTABLE GLUCAGON OR EMERGENCY EPINEPHRINE AUTO INJECTOR, ALONG WITH
12 WRITTEN PARENTAL CONSENT, DURING THE SCHOOL DAY ON SCHOOL PROPERTY AND
13 AT ANY SCHOOL FUNCTION AS SUCH TERMS ARE DEFINED, RESPECTIVELY, BY
14 SUBDIVISIONS ONE AND TWO OF SECTION ELEVEN OF THIS CHAPTER. TRAINING
15 MUST BE PROVIDED BY A PHYSICIAN OR OTHER DULY AUTHORIZED LICENSED HEALTH
16 CARE PROFESSIONAL IN A COMPETENT MANNER AND MUST BE COMPLETED IN A FORM
17 AND MANNER PRESCRIBED BY THE COMMISSIONER IN REGULATION.
18 2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR
19 THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS
20 A RESULT OF ANY HARM OR INJURY SUSTAINED BY A PUPIL OR OTHER PERSON
21 CAUSED BY COMPLIANCE WITH THIS SECTION ABSENT GROSS NEGLIGENCE.
22 S 3. This act shall take effect the first of July next succeeding the
23 date on which it shall have become a law. Provided, that effective
24 immediately, the addition, amendment and/or repeal of any rule or regu-
25 lation necessary for the timely implementation of this act on its effec-
26 tive date are authorized and directed to be made and completed on or
27 before such effective date.
