Bill Text: NY S05654 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to MRSA and other infectious skin disease protection and education; establishes the interscholastic wrestling health training and education program.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-06-19 - referred to education [S05654 Detail]

Download: New_York-2011-S05654-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5654--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     June 9, 2011
                                      ___________
       Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Education  --  recommitted
         to the Committee on Education in accordance with Senate Rule 6, sec. 8
         -- reported favorably from said committee and committed to the Commit-
         tee   on  Finance  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the education law and the public health law, in relation
         to Methicillin-Resistant Staphylococcus Aureus protection  and  educa-
         tion
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The education law is amended by adding a new section 921 to
    2  read as follows:
    3    S 921. MRSA AND OTHER INFECTIOUS SKIN DISEASE  PROTECTION  AND  EDUCA-
    4  TION.  1. LEGISLATIVE INTENT.  THE LEGISLATURE FINDS AND DETERMINES THAT
    5  METHICILLIN-RESISTANT  STAPHYLOCOCCUS  AUREUS  (MRSA)  IS A VERY SERIOUS
    6  HEALTH CONCERN FOR THE PEOPLE OF THE STATE OF NEW YORK. MRSA IS A BACTE-
    7  RIA THAT CAN LEAD TO THE OUTBREAK OF  SERIOUS  INFECTIONS.  DUE  TO  ITS
    8  COMMON RESISTANCE TO MANY MODERN ANTIBIOTICS, IT IS VERY OFTEN DIFFICULT
    9  TO  TREAT,  AND CAN RESULT IN EXTENDED HOSPITALIZATION, SERIOUS ILLNESS,
   10  AND EVEN DEATH.
   11    THE LEGISLATURE FURTHER FINDS AND DETERMINES THAT AS A SERIOUS  HEALTH
   12  RISK, IT IS IMPORTANT FOR THE STATE OF NEW YORK TO PROMOTE EDUCATION AND
   13  AWARENESS  ON  HOW  TO PREVENT THE SPREAD OF SUCH INFECTIOUS DISEASES AS
   14  MRSA, DEVELOP PROTOCOLS AND PROCEDURES TO  HELP  AVOID  TRANSMISSION  OF
   15  MRSA,  AND  THEREBY PROTECT THE PUBLIC HEALTH OF THE PEOPLE OF THE STATE
   16  OF NEW YORK. SUCH EDUCATION, PROTOCOLS  AND  PROCEDURES  ARE  ESPECIALLY
   17  IMPORTANT  WHERE THE RISKS OF TRANSMISSION ARE SIGNIFICANT, INCLUDING IN
   18  OUR PUBLIC AND PRIVATE SCHOOLS,  WHERE  SUCH  EDUCATION,  PROTOCOLS  AND
   19  METHODS CAN BE DEPLOYED TO LESSEN THE CHANCE AND RISK OF INFECTION.
   20    THE  LEGISLATURE  ADDITIONALLY  FINDS  AND DETERMINES THAT ONE AREA IN
   21  WHICH SUCH EDUCATION, PROTOCOLS AND METHODS COULD BE  ESPECIALLY  USEFUL
   22  IS  WITH  RESPECT  TO SCHOOL ATHLETIC FACILITIES AND EVENTS. THE PADDING
   23  USED IN SCHOOL ATHLETIC FACILITIES AND EVENTS, ALTHOUGH  VERY  IMPORTANT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11233-28-2
       S. 5654--A                          2
    1  FOR  THE  SAFETY OF SCHOOL ATHLETES, HAS PROVEN TO BE A MEDIUM WHICH CAN
    2  PERMIT THE BREEDING OF HARMFUL BACTERIA, INCLUDING MRSA, THAT  CAN  LEAD
    3  TO  INFECTIOUS AND POTENTIALLY LIFE-THREATENING DISEASES. WITHOUT PROPER
    4  EDUCATION, PROTOCOLS AND PROCEDURES, THESE IMPORTANT SAFETY SURFACES CAN
    5  BECOME  CONTAMINATED, EXPOSING PARTICIPANTS TO THE DANGER OF CONTRACTING
    6  INFECTIONS AND THE RESULTING ILLNESSES. IN WRESTLING, IN PARTICULAR, THE
    7  SKIN TO SKIN CONTACT BETWEEN COMPETITORS, AND THE  ROUTINE  EXPOSURE  TO
    8  THESE  PADDING SURFACES, MAKE THE NEED FOR SUCH EDUCATION, PROTOCOLS AND
    9  PROCEDURES ESPECIALLY IMPORTANT.
   10    THE LEGISLATURE ALSO FINDS AND DETERMINES THAT EDUCATING STUDENTS  AND
   11  THEIR SUPERVISORS, AND PROMOTING THE PUBLICATION OF PROTOCOLS AND PROCE-
   12  DURES,  WITH  RESPECT  TO  MRSA,  INFECTIOUS  SKIN  DISEASES, AND HOW TO
   13  PREVENT THEM,  CAN  SIGNIFICANTLY  CURB  THEIR  SPREAD.    BY  INFORMING
   14  STUDENTS  AND  COACHES  OF  THE  IMPORTANCE OF GOOD HYGIENE, AMONG OTHER
   15  THINGS, THE SPREAD OF MRSA CAN BE  DRASTICALLY  DIMINISHED.    SHOWERING
   16  IMMEDIATELY  AFTER  PRACTICES  AND MATCHES HAVE PROVEN TO DECREASE INCI-
   17  DENCES OF INFECTIOUS SKIN DISEASES.   THAT BY  DIRECTING  THE  NEW  YORK
   18  STATE  EDUCATION DEPARTMENT AND THE NEW YORK STATE DEPARTMENT OF HEALTH,
   19  TO WORK TOGETHER TO DEVELOP IMPORTANT EDUCATION,  PROTOCOLS  AND  PROCE-
   20  DURES  NECESSARY  TO  ADDRESS  THIS  VERY SERIOUS HEALTH CONCERN, AND BY
   21  ENABLING SUCH DEPARTMENTS TO ASSIST SCHOOLS, THEIR  ATHLETIC  FACILITIES
   22  AND  OTHER  PUBLIC  INSTITUTIONS, TO HELP PREVENT THE SPREAD OF MRSA AND
   23  INFECTIOUS SKIN DISEASES, THIS LEGISLATION SEEKS TO PROMOTE  THE  PUBLIC
   24  HEALTH  AND SAFETY OF STUDENTS, ATHLETES, AND THE PEOPLE OF THE STATE OF
   25  NEW YORK.
   26    2. THE METHICILLIN-RESISTANT STAPHYLOCOCCUS AUREUS (MRSA)  AND  INFEC-
   27  TIOUS  SKIN  DISEASE INFORMATIONAL PROGRAM. THE DEPARTMENT, IN CONSULTA-
   28  TION WITH THE DEPARTMENT OF HEALTH, SHALL DEVELOP A MRSA AND  INFECTIOUS
   29  DISEASE  EDUCATION  PROGRAM.  THE  MRSA AND INFECTIOUS DISEASE EDUCATION
   30  PROGRAM SHALL CONSIST OF A PROGRAM TO DISSEMINATE  INFORMATION,  THROUGH
   31  THE  DEPARTMENT'S WEBPAGE, THAT DESCRIBES THE CONDITIONS THAT CONTRIBUTE
   32  TO MRSA AND INFECTIOUS DISEASE. SUCH INFORMATION SO  DISSEMINATED  SHALL
   33  ALSO  PRESCRIBE  CLEANING  METHODS,  PROTOCOLS  AND  PROCEDURES THAT CAN
   34  ERADICATE THE CONTAMINATION OF MRSA AND OTHER INFECTIOUS SKIN DISEASES.
   35    3. INTERSCHOLASTIC WRESTLING HEALTH TRAINING  AND  EDUCATION  PROGRAM.
   36  THE  DEPARTMENT,  IN  CONSULTATION  WITH THE NEW YORK PUBLIC HIGH SCHOOL
   37  ATHLETIC ASSOCIATION, AND THE DEPARTMENT OF  HEALTH,  SHALL  DEVELOP  AN
   38  INTERSCHOLASTIC  WRESTLING  HEALTH TRAINING AND EDUCATION PROGRAM, WHICH
   39  SHALL CONSIST OF AN ONLINE HEALTH TRAINING  AND  EDUCATION  PROGRAM  FOR
   40  INTERSCHOLASTIC  WRESTLING COACHES AND STUDENT ATHLETES PARTICIPATING IN
   41  INTERSCHOLASTIC WRESTLING ON THE SUBJECT OF CONDITIONS  THAT  CONTRIBUTE
   42  TO MRSA AND INFECTIOUS SKIN DISEASE, AS WELL AS CLEANING METHODS, PROTO-
   43  COLS  AND PROCEDURES THAT CAN ERADICATE THE CONTAMINATION OF MRSA AND/OR
   44  OTHER INFECTIOUS SKIN DISEASES. COMPLETION OF SUCH INTERSCHOLASTIC WRES-
   45  TLING HEALTH TRAINING AND EDUCATION PROGRAM SHALL BE MANDATORY  FOR  ALL
   46  INTERSCHOLASTIC  WRESTLING COACHES AND STUDENT ATHLETES PARTICIPATING IN
   47  INTERSCHOLASTIC WRESTLING ON AN ANNUAL BASIS.    THE  TRAINING  MUST  BE
   48  COMPLETED  WITHIN TWO WEEKS OF THE COMMENCEMENT OF PRACTICES OR PRIOR TO
   49  PARTICIPATION IN ANY  INTERSCHOLASTIC  WRESTLING  SCRIMMAGE,  MATCH,  OR
   50  TOURNAMENT,  WHICHEVER IS SOONER. ANY STUDENT NOT IN COMPLIANCE SHALL BE
   51  BARRED FROM PARTICIPATION UNTIL  SUCH  TIME  THE  STUDENT  COMES  WITHIN
   52  COMPLIANCE  WITH  THIS  SECTION.    THE INTERSCHOLASTIC WRESTLING HEALTH
   53  TRAINING AND EDUCATION PROGRAM SHALL BE PLATFORMED UPON A WEBSITE  SPON-
   54  SORED  BY  THE  DEPARTMENT.    THE  DEPARTMENT SHALL MAINTAIN AN ON-LINE
   55  REGISTRY CONTAINING THE NAMES OF  ALL  STUDENTS  AND  COACHES  WHO  HAVE
   56  CERTIFIED COMPLETION OF THE TRAINING PROGRAM.
       S. 5654--A                          3
    1    4.  REGULATIONS.  THE COMMISSIONER SHALL HAVE THE AUTHORITY TO PROMUL-
    2  GATE RULES AND REGULATIONS TO PREVENT THE SPREAD  OF  METHICILLIN-RESIS-
    3  TANT STAPHYLOCOCCUS AUREUS (MRSA).
    4    5. DEFINITIONS. FOR PURPOSES OF THIS SECTION MRSA SHALL MEAN METHICIL-
    5  LIN-RESISTANT STAPHYLOCOCCUS AUREUS.
    6    S  2.  The public health law is amended by adding a new section 2111-a
    7  to read as follows:
    8    S 2111-A. MRSA AND INFECTIOUS SKIN DISEASE PROTOCOL AND EDUCATION.  1.
    9  THE  METHICILLIN-RESISTANT  STAPHYLOCOCCUS  AUREUS (MRSA) AND INFECTIOUS
   10  SKIN DISEASE INFORMATIONAL PROGRAM. THE DEPARTMENT, IN CONSULTATION WITH
   11  THE EDUCATION DEPARTMENT, SHALL  DEVELOP  A  MRSA  AND  INFECTIOUS  SKIN
   12  DISEASE  EDUCATION  PROGRAM. THE MRSA AND INFECTIOUS SKIN DISEASE EDUCA-
   13  TION PROGRAM SHALL CONSIST OF  A  PROGRAM  TO  DISSEMINATE  INFORMATION,
   14  THROUGH  THE  DEPARTMENT'S  WEBPAGE,  THAT DESCRIBES THE CONDITIONS THAT
   15  CONTRIBUTE TO MRSA AND INFECTIOUS  SKIN  DISEASE.  SUCH  INFORMATION  SO
   16  DISSEMINATED SHALL ALSO PRESCRIBE CLEANING METHODS, PROTOCOLS AND PROCE-
   17  DURES THAT CAN ERADICATE THE CONTAMINATIONS OF MRSA AND OTHER INFECTIOUS
   18  SKIN  DISEASES.  THE  PAGE  MAINTAINED BY THE DEPARTMENT, UPON WHICH THE
   19  MRSA AND INFECTIOUS SKIN DISEASE EDUCATION PROGRAM SHALL BE  PLATFORMED,
   20  SHALL  ALSO  CONTAIN  A  DOWNLOADABLE  FACT  SHEET ON MRSA, ITS ORIGINS,
   21  TREATMENT AND PREVENTION.
   22    2. INTERSCHOLASTIC WRESTLING HEALTH TRAINING  AND  EDUCATION  PROGRAM.
   23  THE  DEPARTMENT,  IN  CONSULTATION  WITH THE NEW YORK PUBLIC HIGH SCHOOL
   24  ATHLETIC ASSOCIATION, AND THE DEPARTMENT OF EDUCATION, SHALL  ASSIST  IN
   25  DEVELOPING  AN  INTERSCHOLASTIC  WRESTLING HEALTH TRAINING AND EDUCATION
   26  PROGRAM, WHICH SHALL CONSIST OF AN ONLINE HEALTH TRAINING AND  EDUCATION
   27  PROGRAM  FOR  INTERSCHOLASTIC  WRESTLING  COACHES  AND  STUDENT ATHLETES
   28  PARTICIPATING IN INTERSCHOLASTIC WRESTLING ON THE SUBJECT OF  CONDITIONS
   29  THAT CONTRIBUTE TO MRSA AND INFECTIOUS SKIN DISEASE, AS WELL AS CLEANING
   30  METHODS,  PROTOCOLS  AND PROCEDURES THAT CAN ERADICATE THE CONTAMINATION
   31  OF MRSA AND/OR OTHER INFECTIOUS SKIN DISEASES WHICH SHALL BE  HOSTED  ON
   32  THE  STATE  EDUCATION DEPARTMENT WEBPAGE.  COMPLETION OF SUCH INTERSCHO-
   33  LASTIC WRESTLING HEALTH TRAINING AND EDUCATION PROGRAM SHALL BE MANDATO-
   34  RY FOR  ALL  INTERSCHOLASTIC  WRESTLING  COACHES  AND  STUDENT  ATHLETES
   35  PARTICIPATING IN INTERSCHOLASTIC WRESTLING.
   36    3.  POWERS  OF  THE  DEPARTMENT. THE DEPARTMENT SHALL, IN CONSULTATION
   37  WITH THE STATE EDUCATION DEPARTMENT, PROMULGATE  RULES  AND  REGULATIONS
   38  REGARDING  THE  CEASING  OF  PARTICIPATION IN, AND RESUMPTION OF PARTIC-
   39  IPATION IN, INTERSCHOLASTIC WRESTLING PRACTICES AND COMPETITIONS, WHEN A
   40  STUDENT HAS CONTRACTED AN INFECTIOUS SKIN DISEASE. SUCH RULES AND  REGU-
   41  LATIONS  SHALL  SPECIFY WHEN A STUDENT ATHLETE SHALL DISCONTINUE PARTIC-
   42  IPATION, AS WELL AS DEFINE THE PROTOCOLS, REQUIREMENTS  AND  TIMING  FOR
   43  THE RESUMPTION OF PARTICIPATION IN SUCH ATHLETIC CONTESTS.
   44    4.  REGULATIONS.  THE COMMISSIONER SHALL HAVE THE AUTHORITY TO PROMUL-
   45  GATE RULES AND REGULATIONS TO PREVENT THE SPREAD  OF  METHICILLIN-RESIS-
   46  TANT STAPHYLOCOCCUS AUREUS (MRSA).
   47    5. DEFINITIONS. FOR PURPOSES OF THIS SECTION MRSA SHALL MEAN METHICIL-
   48  LIN-RESISTANT STAPHYLOCOCCUS AUREUS.
   49    S 3. This act shall take effect October 1, 2012; provided however that
   50  effective immediately, the addition, amendment and/or repeal of any rule
   51  or regulation necessary for the implementation of this act on its effec-
   52  tive  date  is  authorized  and  directed to be made and completed on or
   53  before such effective date.