Bill Text: NY S06921 | 2019-2020 | General Assembly | Introduced

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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.

Sponsorship: Slight Partisan Bill (Democrat 6-2)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO EDUCATION [S06921 Detail]

Download: New_York-2019-S06921-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6921

                               2019-2020 Regular Sessions

                    IN SENATE

                                    December 20, 2019
                                       ___________

        Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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-
    24  ma  or  another respiratory disease for which inhaled rescue medications

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07647-01-9
        S. 6921                             2

     1  are prescribed to alleviate respiratory symptoms or to prevent the onset
     2  of exercise induced asthmatic symptoms;  and  (b)  that  the  pupil  has
     3  demonstrated  that  he or she can self-administer the prescribed inhaled
     4  rescue  medication  effectively.    The  written  permission  shall also
     5  include the name of the prescribed inhaled rescue medication, the  dose,
     6  the  times  when  the medication is to be taken, the circumstances which
     7  may warrant the use of the medication and the length of time  for  which
     8  the inhaler is prescribed. A record of such consent and permission shall
     9  be  maintained  in  the student's cumulative health record. In addition,
    10  upon the written request of a parent or person in parental relation, the
    11  board of education or trustees of a school district, including the board
    12  of education of the city of New York, and board  of  cooperative  educa-
    13  tional services shall allow such pupils to maintain an extra such inhal-
    14  er  in  the  care  and  custody of a licensed nurse, nurse practitioner,
    15  physician assistant, or physician employed by such district, the city of
    16  New York, or board of cooperative educational  services,  and  shall  be
    17  readily  accessible to such pupil. Nothing in this section shall require
    18  a school district, the city of New York, or board of cooperative  educa-
    19  tional  services  to retain a licensed nurse, nurse practitioner, physi-
    20  cian assistant, or physician solely for the purpose of taking custody of
    21  a spare inhaler for the treatment of asthma  or  a  respiratory  disease
    22  requiring rescue medication treatment, or require that a licensed nurse,
    23  nurse  practitioner,  physician  assistant, or physician be available at
    24  all times in a school building for the purpose of taking custody of  the
    25  inhaler.  In addition, the medication provided by the pupil's parents or
    26  persons in parental relation shall be made available  to  the  pupil  as
    27  needed  in  accordance with the school district's, board of education of
    28  the city of New York's, or board of  cooperative  educational  services'
    29  policy and the orders prescribed in the written permission of the physi-
    30  cian or other authorized health care provider.
    31    2.  (a)  School districts, boards of cooperative educational services,
    32  county vocational education and extension boards, charter  schools,  and
    33  non-public  elementary  and  secondary schools in this state may provide
    34  and maintain on-site in each instructional school facility asthma rescue
    35  medications in quantities and  types  deemed  by  the  commissioner,  in
    36  consultation  with  the  commissioner of health, and for the city of New
    37  York, the commissioner of health of the city of New York, to be adequate
    38  to ensure ready and appropriate access for use during emergencies.
    39    (b) Every parent or guardian of a pupil who is administered such asth-
    40  ma rescue medications shall be notified in writing of such incident. The
    41  required content of such notification shall be determined by the commis-
    42  sioner, in consultation with the commissioner of  health,  and  for  the
    43  city  of  New  York, the commissioner of health of the city of New York,
    44  and shall at a minimum include:
    45    (i) A recommendation that such pupil be evaluated by  a  physician  or
    46  other  duly  authorized  health care provider to determine if such pupil
    47  has an asthmatic condition or another respiratory disease; and
    48    (ii) A recommendation that if such pupil is diagnosed with such condi-
    49  tion or disease that the parent or guardian take the  actions  necessary
    50  to ensure the pupil may receive asthma controller medications and asthma
    51  rescue  medications  in  school. If the pupil is able to self-carry, the
    52  parent or guardian take the actions necessary under subdivision  one  of
    53  this  section  for  such pupil to carry and use a prescribed inhaler and
    54  self-administer inhaled  rescue  medications  to  alleviate  respiratory
    55  symptoms  or to prevent the onset of exercise induced asthmatic symptoms
    56  during the school day on school property and at any school  function  as
        S. 6921                             3

     1  such  terms  are  defined,  respectively, by subdivisions one and two of
     2  section eleven of this chapter.
     3    3.  A school district, including the board of education of the city of
     4  New York, board of cooperative educational services and/or their  agents
     5  or  employees shall incur no legal or financial liability as a result of
     6  any harm or injury sustained by  a  pupil  or  other  person  caused  by
     7  reasonable and good faith compliance with this section.
     8    §  4.  This act shall take effect on the first of July next succeeding
     9  the date on which it shall have become a law. Effective immediately, the
    10  addition, amendment and/or repeal of any rule  or  regulation  necessary
    11  for  the implementation of this act on its effective date are authorized
    12  to be made and completed on or before such effective date.