S T A T E O F N E W Y O R K
________________________________________________________________________
1271
2015-2016 Regular Sessions
I N S E N A T E
January 9, 2015
___________
Introduced by Sen. BOYLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to authorizing the use of
nebulizers in schools; and to amend chapter 672 of the laws of 2007,
amending the education law relating to the maintenance of on-site
nebulizers, in relation to the effectiveness of certain provisions
thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 919 of the education law, as amended by chapter 42
2 of the laws of 2008, is amended to read as follows:
3 S 919. On-site nebulizers. 1. The board of education or trustees of
4 the school district responsible for providing health services in a
5 school, or the board of cooperative educational services in the case of
6 programs under its jurisdiction, shall make a nebulizer available
7 on-site in every public and private school building in which full or
8 part time nurse services are provided. Nebulizers in such school build-
9 ings shall be made available to allow reasonable access to all public
10 and private school students with a patient specific order, who require
11 inhaled medications administered by a nebulizer, provided, however, that
12 nebulizers shall be administered by a school nurse [or], physician OR
13 OTHER LICENSED PROFESSIONAL AUTHORIZED TO PERFORM SUCH SERVICES UNDER
14 TITLE EIGHT OF THIS CHAPTER pursuant to the student's patient specific
15 order. Every nebulizer shall be maintained in working order by the
16 school district or board of cooperative educational services that
17 provides school health services to the school building where the nebu-
18 lizer is located. NEBULIZERS AT SUCH LOCATIONS SHALL ALSO BE MADE
19 AVAILABLE TO PUBLIC AND PRIVATE SCHOOL STUDENTS WHO HAVE BEEN DIAGNOSED
20 BY A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER WITH AN
21 ASTHMATIC CONDITION OR ANOTHER RESPIRATORY DISEASE TO SELF-ADMINISTER
22 INHALED MEDICATIONS THROUGH SUCH NEBULIZER TO ALLEVIATE RESPIRATORY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02521-01-5
S. 1271 2
1 SYMPTOMS OR TO PREVENT THE ONSET OF EXERCISE INDUCED ASTHMATIC SYMPTOMS
2 DURING THE SCHOOL DAY ON SCHOOL PROPERTY AND AT ANY SCHOOL FUNCTION AS
3 SUCH TERMS ARE DEFINED, RESPECTIVELY, BY SUBDIVISIONS ONE AND TWO OF
4 SECTION ELEVEN OF THIS CHAPTER, WITH THE WRITTEN PERMISSION OF A PHYSI-
5 CIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER, AND WRITTEN PARENTAL
6 CONSENT. THE WRITTEN PERMISSION SHALL INCLUDE AN ATTESTATION BY THE
7 PHYSICIAN OR THE HEALTH CARE PROVIDER CONFIRMING THE FOLLOWING: (A) THE
8 PUPIL IS DIAGNOSED WITH ASTHMA OR ANOTHER RESPIRATORY DISEASE FOR WHICH
9 INHALED MEDICATIONS ARE PRESCRIBED TO ALLEVIATE RESPIRATORY SYMPTOMS OR
10 TO PREVENT THE ONSET OF EXERCISE INDUCED ASTHMATIC SYMPTOMS; AND (B)
11 THAT THE PUPIL HAS DEMONSTRATED THAT HE OR SHE CAN SELF-ADMINISTER THE
12 PRESCRIBED INHALED MEDICATION THROUGH A NEBULIZER EFFECTIVELY. THE WRIT-
13 TEN PERMISSION SHALL ALSO INCLUDE THE NAME OF THE PRESCRIBED INHALED
14 MEDICATION, THE DOSE, THE TIMES WHEN THE MEDICATION IS TO BE TAKEN, THE
15 CIRCUMSTANCES WHICH MAY WARRANT THE USE OF THE MEDICATION AND THE LENGTH
16 OF TIME FOR WHICH THE NEBULIZER IS PRESCRIBED. IN ADDITION, ANY MEDICA-
17 TION PROVIDED BY THE PUPIL'S PARENTS OR PERSONS IN PARENTAL RELATION FOR
18 USE IN A NEBULIZER SHALL BE MADE AVAILABLE TO THE PUPIL AS NEEDED IN
19 ACCORDANCE WITH THE SCHOOL DISTRICT'S OR BOARD OF COOPERATIVE EDUCA-
20 TIONAL SERVICES' POLICY AND THE ORDERS PRESCRIBED IN THE WRITTEN PERMIS-
21 SION OF THE PHYSICIAN OR OTHER AUTHORIZED HEALTH CARE PROVIDER.
22 2. THE BOARD OF EDUCATION OR TRUSTEES OF A SCHOOL DISTRICT RESPONSIBLE
23 FOR PROVIDING HEALTH SERVICES IN A SCHOOL, THE BOARD OF COOPERATIVE
24 EDUCATIONAL SERVICES IN THE CASE OF PROGRAMS UNDER ITS JURISDICTION, OR
25 A NON-PUBLIC SCHOOL MAY MAKE A NEBULIZER AVAILABLE ON SCHOOL PROPERTY
26 AND AT ANY SCHOOL FUNCTION AS SUCH TERMS MAY BE DEFINED, RESPECTIVELY,
27 BY SUBDIVISIONS ONE AND TWO OF SECTION ELEVEN OF THIS CHAPTER. ANY NEBU-
28 LIZER MADE AVAILABLE UNDER THIS SUBDIVISION MAY BE MADE AVAILABLE TO
29 PUBLIC AND PRIVATE SCHOOL STUDENTS WITH A PATIENT SPECIFIC ORDER, WHO
30 REQUIRE INHALED MEDICATIONS ADMINISTERED BY A NEBULIZER, PROVIDED,
31 HOWEVER, THAT NEBULIZERS SHALL BE ADMINISTERED BY A SCHOOL NURSE, PHYSI-
32 CIAN OR OTHER LICENSED PROFESSIONAL AUTHORIZED TO PROVIDE SUCH SERVICES
33 UNDER TITLE EIGHT OF THIS CHAPTER PURSUANT TO THE STUDENT'S PATIENT
34 SPECIFIC ORDER. EVERY NEBULIZER MADE AVAILABLE UNDER THIS SUBDIVISION
35 SHALL BE MAINTAINED IN WORKING ORDER BY THE SCHOOL DISTRICT OR BOARD OF
36 COOPERATIVE EDUCATIONAL SERVICES THAT PROVIDES SCHOOL HEALTH SERVICES;
37 PROVIDED, HOWEVER, THAT NON-PUBLIC SCHOOLS SHALL MAINTAIN IN WORKING
38 ORDER EVERY NEBULIZER PROVIDED BY A NON-PUBLIC SCHOOL. NEBULIZERS
39 PROVIDED BY THE SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL
40 SERVICES OR NON-PUBLIC SCHOOL SHALL ALSO BE MADE AVAILABLE TO PUBLIC AND
41 PRIVATE SCHOOL STUDENTS WHO HAVE BEEN DIAGNOSED BY A PHYSICIAN OR OTHER
42 DULY AUTHORIZED HEALTH CARE PROVIDER WITH AN ASTHMATIC CONDITION OR
43 ANOTHER RESPIRATORY DISEASE TO SELF-ADMINISTER INHALED MEDICATIONS
44 THROUGH SUCH NEBULIZER TO ALLEVIATE RESPIRATORY SYMPTOMS OR TO PREVENT
45 THE ONSET OF EXERCISE INDUCED ASTHMATIC SYMPTOMS DURING THE SCHOOL DAY
46 ON SCHOOL PROPERTY AND AT ANY SCHOOL FUNCTION AS SUCH TERMS ARE DEFINED,
47 RESPECTIVELY, BY SUBDIVISIONS ONE AND TWO OF SECTION ELEVEN OF THIS
48 CHAPTER, WITH THE WRITTEN PERMISSION OF A PHYSICIAN OR OTHER DULY
49 AUTHORIZED HEALTH CARE PROVIDER, AND WRITTEN PARENTAL CONSENT. THE WRIT-
50 TEN PERMISSION SHALL INCLUDE AN ATTESTATION BY THE PHYSICIAN OR THE
51 HEALTH CARE PROVIDER CONFIRMING THE FOLLOWING: (A) THE PUPIL IS DIAG-
52 NOSED WITH ASTHMA OR ANOTHER RESPIRATORY DISEASE FOR WHICH INHALED MEDI-
53 CATIONS ARE PRESCRIBED TO ALLEVIATE RESPIRATORY SYMPTOMS OR TO PREVENT
54 THE ONSET OF EXERCISE INDUCED ASTHMATIC SYMPTOMS; AND (B) THAT THE PUPIL
55 HAS DEMONSTRATED THAT HE OR SHE CAN SELF-ADMINISTER THE PRESCRIBED
56 INHALED MEDICATION THROUGH A NEBULIZER EFFECTIVELY. THE WRITTEN PERMIS-
S. 1271 3
1 SION SHALL ALSO INCLUDE THE NAME OF THE PRESCRIBED INHALED MEDICATION,
2 THE DOSE, THE TIMES WHEN THE MEDICATION IS TO BE TAKEN, THE CIRCUM-
3 STANCES WHICH MAY WARRANT THE USE OF THE MEDICATION AND THE LENGTH OF
4 TIME FOR WHICH THE NEBULIZER IS PRESCRIBED. IN ADDITION, ANY MEDICATION
5 PROVIDED BY THE PUPIL'S PARENTS OR PERSONS IN PARENTAL RELATION FOR USE
6 IN A NEBULIZER SHALL BE MADE AVAILABLE TO THE PUPIL AS NEEDED IN ACCORD-
7 ANCE WITH THE SCHOOL DISTRICT'S OR BOARD OF COOPERATIVE EDUCATIONAL
8 SERVICES' POLICY AND THE ORDERS PRESCRIBED IN THE WRITTEN PERMISSION OF
9 THE PHYSICIAN OR OTHER AUTHORIZED HEALTH CARE PROVIDER.
10 3. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, NON-
11 PUBLIC SCHOOL AND/OR THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR
12 FINANCIAL LIABILITY AS A RESULT OF ANY HARM OR INJURY SUSTAINED BY A
13 PUPIL OR OTHER PERSON CAUSED BY REASONABLE AND GOOD FAITH COMPLIANCE
14 WITH THIS SECTION.
15 4. The commissioner shall be authorized to promulgate regulations for
16 the implementation of this section.
17 S 2. Section 2 of chapter 672 of the laws of 2007 amending the educa-
18 tion law relating to the maintenance of on-site nebulizers, is amended
19 to read as follows:
20 S 2. This act shall take effect September 1, 2007; provided, however,
21 that if upon such effective date, an appropriation to the education
22 department shall not have been made for FULL reimbursement of school
23 districts and boards of cooperative educational services for the
24 purposes of implementing the provisions of SUBDIVISION 1 OF section 919
25 of the education law, as added by section one of this act, then [this
26 act] SUBDIVISION 1 OF SECTION 919 OF THE EDUCATION LAW shall take effect
27 on the forty-fifth day after such an appropriation is made, and
28 provided, further, that the division of the budget shall notify the
29 legislative bill drafting commission on September 1, 2007 whether such
30 an appropriation has been made, and if such appropriation shall not have
31 been made on or before such date, the division of the budget shall noti-
32 fy the legislative bill drafting commission upon the date such an appro-
33 priation shall have been made, in order that the commission may maintain
34 an accurate and timely effective data base of the official text of the
35 laws of the state of New York in furtherance of effectuating the
36 provisions of section 44 of the legislative law and section 70-b of the
37 public officers law.
38 S 3. This act shall take effect immediately; provided however, that
39 the amendments to subdivision 1 of section 919 of the education law made
40 by section one of this act shall take effect on the same date and in the
41 same manner as such subdivision takes effect pursuant to chapter 672 of
42 the laws of 2007, as amended.