Bill Text: NY S01019 | 2021-2022 | General Assembly | Amended
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: Slight Partisan Bill (Democrat 3-1)
Status: (Engrossed - Dead) 2022-05-11 - referred to education [S01019 Detail]
Download: New_York-2021-S01019-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1019--C Cal. No. 502 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sens. KAMINSKY, ADDABBO, GAUGHRAN -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Education in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading 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 (i) to read as follows: 3 (i) administering asthma rescue medications. 4 § 2. Subdivision 4 of section 6909 of the education law is amended by 5 adding a new paragraph (i) to read as follows: 6 (i) 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, or in the case of the city school district of New York, 12 the chancellor of the city school district, and board of cooperative 13 educational services shall allow pupils who have been diagnosed by a 14 physician or other duly authorized health care provider with an asthmat- 15 ic condition or another respiratory disease to carry and use a 16 prescribed inhaler and self-administer inhaled rescue medications to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01190-06-2S. 1019--C 2 1 alleviate respiratory symptoms or to prevent the onset of exercise 2 induced asthmatic symptoms during the school day on school property and 3 at any school function as such terms are defined, respectively, by 4 subdivisions one and two of section eleven of this chapter, with the 5 written permission of a physician or other duly authorized health care 6 provider, and written parental consent. The written permission shall 7 include an attestation by the physician or the health care provider 8 confirming the following: (a) the pupil is diagnosed with asthma or 9 another respiratory disease for which inhaled rescue medications are 10 prescribed to alleviate respiratory symptoms or to prevent the onset of 11 exercise induced asthmatic symptoms; and (b) that the pupil has demon- 12 strated that he or she can self-administer the prescribed inhaled rescue 13 medication effectively. The written permission shall also include the 14 name of the prescribed inhaled rescue medication, the dose, the times 15 when the medication is to be taken, the circumstances which may warrant 16 the use of the medication and the length of time for which the inhaler 17 is prescribed. A record of such consent and permission shall be main- 18 tained in the student's cumulative health record. In addition, upon the 19 written request of a parent or person in parental relation, the board of 20 education or trustees of a school district, or in the case of the city 21 school district of New York, the chancellor, and board of cooperative 22 educational services shall allow such pupils to maintain an extra such 23 inhaler in the care and custody of a licensed nurse, nurse practitioner, 24 physician assistant, or physician employed by such district or board of 25 cooperative educational services, and shall be readily accessible to 26 such pupil. Nothing in this section shall require a school district or 27 board of cooperative educational services to retain a licensed nurse, 28 nurse practitioner, physician assistant, or physician solely for the 29 purpose of taking custody of a spare inhaler for the treatment of asthma 30 or a respiratory disease requiring rescue medication treatment, or 31 require that a licensed nurse, nurse practitioner, physician assistant, 32 or physician be available at all times in a school building for the 33 purpose of taking custody of the inhaler. In addition, the medication 34 provided by the pupil's parents or persons in parental relation shall be 35 made available to the pupil as needed in accordance with the school 36 district's, or board of cooperative educational services' policy and the 37 orders prescribed in the written permission of the physician or other 38 authorized health care provider. 39 2. (a) The board of education or trustees of each school district, or 40 in the case of the city school district of New York, the chancellor of 41 the city school district, and boards of cooperative educational services 42 in this state may provide and maintain on-site in each instructional 43 school facility asthma rescue medications in quantities and types deemed 44 by the commissioner, in consultation with the commissioner of health, 45 and for the city of New York, the commissioner of health of the city of 46 New York, to be adequate to ensure ready and appropriate access for 47 supervised use by a registered nurse, where practicable, during emergen- 48 cies. Such emergency use of asthma rescue medication shall only be used 49 if the pupil's prescribed asthma rescue medication or spare inhaler is 50 not readily accessible or in emergency situations where a pupil does not 51 have access to any asthma rescue medication. 52 (b) Every parent or guardian of a pupil who is administered such asth- 53 ma rescue medications shall be notified in writing of such incident. The 54 required content of such notification shall be determined by the commis- 55 sioner, in consultation with the commissioner of health, and for theS. 1019--C 3 1 city of New York, the commissioner of health of the city of New York, 2 and shall at a minimum include: 3 (i) A recommendation that such pupil be evaluated by a physician or 4 other duly authorized health care provider to determine if such pupil 5 has an asthmatic condition or another respiratory disease; and 6 (ii) A recommendation that if such pupil is diagnosed with such condi- 7 tion or disease that the parent or guardian take the actions necessary 8 to ensure the pupil may receive asthma controller medications and asthma 9 rescue medications in school and develops an asthma action plan. If the 10 pupil is able to self-carry, the parent or guardian take the actions 11 necessary under subdivision one of this section for such pupil to carry 12 and use a prescribed inhaler and self-administer inhaled rescue medica- 13 tions to alleviate respiratory symptoms or to prevent the onset of exer- 14 cise induced asthmatic symptoms during the school day on school property 15 and at any school function as such terms are defined, respectively, by 16 subdivisions one and two of section eleven of this chapter. 17 3. 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 reasonable and good faith compliance with this section. 21 § 4. This act shall take effect on the first of July next succeeding 22 the date on which it shall have become a law. Effective immediately, the 23 addition, amendment and/or repeal of any rule or regulation necessary 24 for the implementation of this act on its effective date are authorized 25 to be made and completed on or before such effective date.
