Bill Text: NY S04650 | 2021-2022 | General Assembly | Introduced

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Bill Title: Allows for unlicensed personnel to administer certain seizure rescue medication in schools, on school grounds and at school events; provides that such medicine may be left with a school health official to be used as needed.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Engrossed - Dead) 2022-03-10 - referred to education [S04650 Detail]

Download: New_York-2021-S04650-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4650

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 8, 2021
                                       ___________

        Introduced  by  Sen. MANNION -- 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  allowing  for  unli-
          censed personnel to administer seizure rescue medication

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 921 of the education law, as added
     2  by chapter 423 of the laws of 2014, is amended to read as follows:
     3    1. The board of education or trustees  of  each  school  district  and
     4  board  of  cooperative  educational  services  and nonpublic schools are
     5  authorized, but not obligated to have licensed  registered  professional
     6  nurses,  nurse practitioners, physician assistants, and physicians train
     7  unlicensed school personnel to inject prescribed glucagon or epinephrine
     8  auto injectors, or administer diazepam or midazolam nasal spray in emer-
     9  gency situations, where an appropriately licensed health professional is
    10  not available, to pupils who have the written permission of a  physician
    11  or  other duly authorized health care provider for the administration of
    12  injectable  glucagon  [or],  emergency  epinephrine  auto  injector,  or
    13  diazepam  or midazolam nasal spray, along with written parental consent,
    14  during the school day on school property and at any school  function  as
    15  such  terms  are  defined,  respectively, by subdivisions one and two of
    16  section eleven of this chapter. Training must be provided by a physician
    17  or other duly authorized licensed health care professional in  a  compe-
    18  tent manner and must be completed in a form and manner prescribed by the
    19  commissioner in regulation.
    20    § 2. The education law is amended by adding two new sections 902-c and
    21  916-c to read as follows:
    22    §  902-c.  Treatment  of  students  diagnosed  with epilepsy by school
    23  personnel. 1.   Licensed nurses, nurse practitioners, physician  assist-
    24  ants,  or  physicians employed by  school districts or boards of cooper-
    25  ative educational services shall be authorized to administer  prescribed

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08658-01-1
        S. 4650                             2

     1  diazepam  or  midazolam  nasal  spray,  to teach an unlicensed person to
     2  administer a diazepam or midazolam nasal spray to an individual, and  to
     3  perform  other  authorized services pursuant to the scope of practice of
     4  the licensed individual under title eight of this chapter, to pupils who
     5  have received written permission by a physician or other licensed health
     6  care  provider  and written parental consent to carry and use a diazepam
     7  or midazolam nasal spray pursuant to section nine hundred  sixteen-c  of
     8  this  article during the school day on school property and at any school
     9  function. Nothing in this section shall authorize unlicensed persons  to
    10  perform  these  services  except  as otherwise permitted by section nine
    11  hundred twenty-one of this article.
    12    2. A school district, board of cooperative educational services and/or
    13  their agents or employees shall incur no legal or financial liability as
    14  a result of any harm or injury sustained by  a  pupil  or  other  person
    15  caused by reasonable and good faith compliance with this section.
    16    §  916-c.  Pupils with epilepsy. 1. The board of education or trustees
    17  of each school district and board of  cooperative  educational  services
    18  shall  allow pupils who have been diagnosed by a physician or other duly
    19  authorized health care provider with  epilepsy  to    carry  and  use  a
    20  prescribed  nasal  spray  for the emergency treatment of seizures during
    21  the school day on school property and at any school  function  with  the
    22  written  permission  of a physician or other duly authorized health care
    23  provider, and written parental consent.  The  written  permission  shall
    24  include  an  attestation  by  such  physician  or  health  care provider
    25  confirming: (a) the pupil's diagnosis of epilepsy for which  a  diazepam
    26  or  midazolam  nasal  spray is needed; and (b) that the pupil has demon-
    27  strated that he or she can self-administer the  prescribed  diazepam  or
    28  midazolam  nasal  spray  effectively. Such written permission shall also
    29  include the circumstances which may warrant the use  of  a  diazepam  or
    30  midazolam  nasal spray. A record of such consent and permission shall be
    31  maintained in the student's cumulative health record. In addition,  upon
    32  the  written  request  of  a  parent or person in parental relation, the
    33  board of education or trustees of a school district and  board of  coop-
    34  erative  educational  services  shall  allow  such pupils to maintain an
    35  extra diazepam or midazolam nasal spray for the emergency  treatment  of
    36  seizures  in the care and custody of a licensed nurse, nurse practition-
    37  er, physician assistant, or physician employed by such district or board
    38  of cooperative educational services, and shall be readily accessible  to
    39  such  pupil.  Nothing in this section shall require a school district or
    40  board of cooperative  educational services to retain a  licensed  nurse,
    41  nurse  practitioner,  physician  assistant,  or physician solely for the
    42  purpose of taking custody of a spare diazepam or midazolam  nasal  spray
    43  for  the  emergency  treatment  of  seizures, or require that a licensed
    44  nurse, nurse practitioner, physician assistant, or physician  be  avail-
    45  able at all times in a school building for taking custody of the diazep-
    46  am  or  midazolam  nasal  spray.  In addition, the diazepam or midazolam
    47  nasal spray provided by the  pupil's  parents  or  persons  in  parental
    48  relation  will  be  made  available to the pupil as needed in accordance
    49  with the school district's or board of cooperative educational services'
    50  policy and the orders prescribed in the written permission of the physi-
    51  cian or other authorized health care provider.
    52    2. A school district, board of cooperative educational services and/or
    53  their agents or employees shall incur no legal or financial liability as
    54  a result of any harm or injury sustained by  a  pupil  or  other  person
    55  caused by reasonable and good faith compliance with this section.
    56    § 3. This act shall take effect immediately.