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A09689 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9689B
 
SPONSOR: Sepulveda
  TITLE OF BILL: 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   PURPOSE: Provides the administration of asthma rescue medications and authorizing schools to have asthma rescue medications for emergency situations.   SUMMARY OF PROVISIONS: Section 1 amends Section 916 of the education law, as amended by chapter 423 of 8 the laws of 2014. Pupils with asthma or another respiratory disease requiring rescue inhaler treatment. The board of education or trustees of each school district, including the board of education of the city of New York, and board of cooperative educational services shall allow pupils who have been diagnosed by a physician or other duly authorized healthcare provider with an asthmatic condition or another respiratory disease to carry and use a prescribed inhaler and self-ad- minister inhaled rescue medications to alleviate respiratory symptoms or to prevent the onset of exercise induced asthmatic symptoms during the school day on school property and at any school function as such terms are defined, respectively, by subdivisions one and two of section eleven of this chapter, with the written permission of a physician or other duly authorized health care provider, and written parental consent. Section 2 amends the executive law by adding a new section. School districts, boards of cooperative educational services, county vocational education and extension boards, charter schools, and non-public elemen- tary and secondary schools in this state may provide and maintain onsite in each instructional school facility asthma rescue medications in quan- tities and types deemed by the commissioner, in consultation with the commissioner of health, and for the city of New York, the commissioner of health of the city of New York, to be adequate to ensure ready and appropriate access for use during emergencies. Every parent or guardian of a pupil who is administered such asthma rescue medications shall be notified in writing of such incident Section 3 states the act shall take effect immediately.   JUSTIFICATION: Over 145,000 students in New York City have a known diagnosis of asthma and over 21,000 students had an asthma attack in 2016. In schools, medi- cation administration forms (MAF) are required in order to dispense most types of medication in schools, including albuterol and other asthma rescue medications. These provide authorization from medical providers for the adminis- tration of medication in school to their patients by school medical providers so that in administrating the medication, providers remain in compliance with New York State Department of Education professional licensing requirements. In order to obtain a MAF, parents or guardians must take their children to a primary care provider for an examination, which may be a challenge for those who cannot take time away from work, do not have adequate child care, or do not have the funds to pay providers for the examina- tion or completion of the form. Only 25% of students have a MAF on file. If a student experiences asthma distress symptoms and does not have a medication administration form on file, schools must obtain a specific order from a doctor before administering asthma rescue medication, call 911, or call parents to take the child for medical care, depending on the severity of the symptoms. Delays prevent children from immediately receiving life-saving asthma treatment, calls to emergency services results in significant financial costs to municipalities, and unnecessary loss of academic time for students. NYS Education Law (NY CLS Educ 6909) allows nurses to execute non-pa- tient specific standing orders for immunizations, emergency epinephrine treatment of anaphylaxis, screening for tuberculosis, testing for HIV or Hepatitis C, or the emergency treatment of opioid related overdose/suspected opioid related overdose. Procedures already exist for nurses to execute non-patient specific standing orders for epinephrine for students experiencing anaphylaxis in schools, and could be adapted to asthma rescue medications.   LEGISLATIVE HISTORY: New legislation.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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