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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: A9689A
 
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 subdivision 6 of section 6527 of the education law to allow for the administering of asthma rescue medications. Section 2 amends subdivision 4 of section 6909 of the education law to allow for the administering of asthma rescue medications. Section 3 amends section 916 of the education law, as amending by chap- ter 423 of the laws of 2014 including the board of education of the city of New York, and board of cooperative educational services shall allow pupils to carry and use a prescribed inhaler and self-administer inhaled rescue medications to alleviate respiratory symptoms. Section 4 amends this act shall take effect on the first of July next succeeding the date on which it shall have become a law.   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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