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.