Bill Text: NY A09689 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to administering asthma rescue medications and authorizing schools to possess and administer asthma rescue medications in emergency situations to pupils with a requirement that the parent or guardian of such pupils are notified in writing of such emergency situation.

Spectrum: Moderate Partisan Bill (Democrat 16-5)

Status: (Introduced - Dead) 2018-04-30 - enacting clause stricken [A09689 Detail]

Download: New_York-2017-A09689-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         9689--A
                   IN ASSEMBLY
                                    February 2, 2018
                                       ___________
        Introduced  by  M. of A. SEPULVEDA, PICHARDO, WILLIAMS, CASTORINA, DICK-
          ENS, BLAKE, GOTTFRIED, COLTON,  STECK,  CROUCH,  LAWRENCE,  PALMESANO,
          ERRIGO,  D'URSO  --  Multi-Sponsored by -- M. of A. SIMON -- 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  administering  asthma
          rescue  medications  and authorizing schools to possess and administer
          asthma rescue medications in emergency situations
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  6  of  section  6527 of the education law is
     2  amended by adding a new paragraph (h) to read as follows:
     3    (h) administering asthma rescue medications.
     4    § 2. Subdivision 4 of section 6909 of the education law is amended  by
     5  adding a new paragraph (h) to read as follows:
     6    (h) administering asthma rescue medications.
     7    §  3.  Section  916 of the education law, as amended by chapter 423 of
     8  the laws of 2014, is amended to read as follows:
     9    § 916. Pupils with asthma or  another  respiratory  disease  requiring
    10  rescue  inhaler treatment. 1. The board of education or trustees of each
    11  school district, including the board of education of  the  city  of  New
    12  York,  and  board of cooperative educational services shall allow pupils
    13  who have been diagnosed by a physician or other duly  authorized  health
    14  care provider with an asthmatic condition or another respiratory disease
    15  to carry and use a prescribed inhaler and self-administer inhaled rescue
    16  medications to alleviate respiratory symptoms or to prevent the onset of
    17  exercise  induced  asthmatic  symptoms  during  the school day on school
    18  property and at any school function as such terms are  defined,  respec-
    19  tively,  by  subdivisions one and two of section eleven of this chapter,
    20  with the written permission of a  physician  or  other  duly  authorized
    21  health  care provider, and written parental consent. The written permis-
    22  sion shall include an attestation by the physician or  the  health  care
    23  provider confirming the following: (a) the pupil is diagnosed with asth-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14183-05-8
        A. 9689--A                          2
     1  ma  or  another respiratory disease for which inhaled rescue medications
     2  are prescribed to alleviate respiratory symptoms or to prevent the onset
     3  of exercise induced asthmatic symptoms;  and  (b)  that  the  pupil  has
     4  demonstrated  that  he or she can self-administer the prescribed inhaled
     5  rescue medication  effectively.    The  written  permission  shall  also
     6  include  the name of the prescribed inhaled rescue medication, the dose,
     7  the times when the medication is to be taken,  the  circumstances  which
     8  may  warrant  the use of the medication and the length of time for which
     9  the inhaler is prescribed. A record of such consent and permission shall
    10  be maintained in the student's cumulative health  record.  In  addition,
    11  upon the written request of a parent or person in parental relation, the
    12  board of education or trustees of a school district, including the board
    13  of  education  of  the city of New York, and board of cooperative educa-
    14  tional services shall allow such pupils to maintain an extra such inhal-
    15  er in the care and custody of  a  licensed  nurse,  nurse  practitioner,
    16  physician assistant, or physician employed by such district, the city of
    17  New  York,  or  board  of cooperative educational services, and shall be
    18  readily accessible to such pupil. [Nothing in this section shall require
    19  a school district or board of cooperative educational services to retain
    20  a licensed nurse, nurse practitioner, physician assistant, or  physician
    21  solely  for  the  purpose  of  taking custody of a spare inhaler for the
    22  treatment of asthma or a respiratory disease requiring rescue medication
    23  treatment, or require that a licensed nurse, nurse practitioner,  physi-
    24  cian  assistant,  or  physician  be  available  at all times in a school
    25  building for the purpose of taking custody of the inhaler.] In addition,
    26  the medication provided by the pupil's parents or  persons  in  parental
    27  relation  shall  be  made available to the pupil as needed in accordance
    28  with the school district's, board  of  education  of  the  city  of  New
    29  York's,  or  board  of  cooperative educational services' policy and the
    30  orders prescribed in the written permission of the  physician  or  other
    31  authorized health care provider.
    32    2.  (a)  School districts, boards of cooperative educational services,
    33  county vocational education and extension boards, charter  schools,  and
    34  non-public  elementary  and  secondary schools in this state may provide
    35  and maintain on-site in each instructional school facility asthma rescue
    36  medications in quantities and  types  deemed  by  the  commissioner,  in
    37  consultation  with  the  commissioner of health, and for the city of New
    38  York, the commissioner of health of the city of New York, to be adequate
    39  to ensure ready and appropriate access for use during emergencies.
    40    (b) Every parent or guardian of a pupil who is administered such asth-
    41  ma rescue medications shall be notified in writing of such incident. The
    42  required content of such notification shall be determined by the commis-
    43  sioner, in consultation with the commissioner of  health,  and  for  the
    44  city  of  New  York, the commissioner of health of the city of New York,
    45  and shall at a minimum include:
    46    (i) A recommendation that such pupil be evaluated by  a  physician  or
    47  other  duly  authorized  health care provider to determine if such pupil
    48  has an asthmatic condition or another respiratory disease; and
    49    (ii) A recommendation that if such pupil is diagnosed with such condi-
    50  tion or disease that the parent or guardian take the  actions  necessary
    51  to ensure the pupil may receive asthma controller medications and asthma
    52  rescue  medications  in  school. If the pupil is able to self-carry, the
    53  parent or guardian take the actions necessary under subdivision  one  of
    54  this  section  for  such pupil to carry and use a prescribed inhaler and
    55  self-administer inhaled  rescue  medications  to  alleviate  respiratory
    56  symptoms  or to prevent the onset of exercise induced asthmatic symptoms
        A. 9689--A                          3
     1  during the school day on school property and at any school  function  as
     2  such  terms  are  defined,  respectively, by subdivisions one and two of
     3  section eleven of this chapter.
     4    3.  A school district, including the board of education of the city of
     5  New York, board of cooperative educational services and/or their  agents
     6  or  employees shall incur no legal or financial liability as a result of
     7  any harm or injury sustained by  a  pupil  or  other  person  caused  by
     8  reasonable and good faith compliance with this section.
     9    §  4.  This act shall take effect on the first of July next succeeding
    10  the date on which it shall have become a law. Effective immediately, the
    11  addition, amendment and/or repeal of any rule  or  regulation  necessary
    12  for  the implementation of this act on its effective date are authorized
    13  and directed to be made and completed on or before such effective date.